Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4071 

annually, broken into daily averages, for 

daily total, by a.m. peak, off-peak, and 

p.m. peak for the managed lanes by 

direction. 

• Report actual number of incidents 

and identify the effect on lane 

availability for the managed lanes 

during this time, including the length of 

time each such lane was unavailable. 

2. Changes in Mode Split/Ridership/ 

Vehicle Occupancies of Priced vs. 

General Purpose Lanes (I, II, III) 

• Report number of declared HOVs 

for the year and differences from the 

previous year (on a total and percentagechange basis), broken into daily 

averages, by a.m. peak and p.m. peak for 

managed lanes. 

• Report number of buses (i.e. 

registered non-revenue accounts) for the 

year and differences from the previous 

year (on a total and percentage-change 

basis), broken into daily averages, by 

a.m. peak, off-peak, and p.m. peak for 

managed lanes. 

• Report average toll charged for the 

year and differences from the previous 

year (on a total and percentage-change 

basis), by vehicle type, broken into daily 

averages, by a.m. peak, off-peak, and 

p.m. peak for managed lanes. 

• If reasonably available, report 

ridership volumes for the year and 

differences from the previous year (on a 

total and percentage-change basis), by 

vehicle type; SOV, HOV2+, HOV3+, 

Bus, Van Pool and Other, broken into 

daily averages by a.m. peak, off-peak, 

and p.m. peak for the general purpose 

lanes, managed lanes, and parallel 

access roads as applicable. 

• Report on the amount of vehicle 

miles traveled (VMT) for the year and 

differences from the previous year (on a 

total and percentage-change basis), by 

vehicle type; SOV, HOV2+, HOV3+, 

Bus, Van Pool and Other, broken into 

daily averages by a.m. peak, off-peak, 

and p.m. peak on the managed lanes. 

• Report Metropolitan Planning 

Organization (MPO) rideshare 

payments, HOV subsidy and other 

disbursements. 

3. Transit Schedule Adherence (II, III) 

• To the extent the information is 

reasonably available, report on transit 

service reliability—percentage of ontime performance of transit service. 

• To the extent the information is 

reasonably available, report on any 

existing bus transit routes or sanctioned 

van-pool accounts utilizing the corridor 

in advance of opening the project for 

tolling. This is to be used as a 

benchmark for added bus transit routes 

or sanctioned van-pool accounts 

utilizing the corridor after tolling 

begins. 

4. Application of Revenue Reinvestment 

(II, IV) 

• Report breakdown of the use of 

revenues. 

• Report percentage of revenue used 

to mitigate impacts. 

5. Change in Criteria Pollutant 

Emissions for the Region (I) 

• Report on the concentrations of six 

criteria pollutants (particle pollution, 

ground-level ozone, carbon monoxide, 

sulfur oxides, nitrogen oxides, and lead) 

during the current year and differences 

from the previous year (on a total and 

percentage-change basis) utilizing 

reasonably available and reliable air 

quality reporting tools and mechanisms. 

• Utilize the results of the core 

performance sub-elements B.I(a) 

(Travel-time reliability in tolled lanes) 

and B.III(a) (Changes in mode split/ 

ridership/vehicle occupancies of tolled 

vs. general purpose lanes) to the extent 

possible to assist in utilizing the 

NCTCOG’s air quality modeling tools 

and mechanisms to demonstrate any 

reductions in criteria pollutant 

emissions. 

C. Monitoring and Reporting Program 

I. Performance Monitoring and 

Evaluation Manual 

Prior to commencement of pricing 

operations on the facility, TxDOT will 

prepare a Performance Monitoring and 

Evaluation Manual document that will 

describe the information to be collected, 

the methodology for identifying baseline 

values and approach for developing the 

annual reports that assess facility 

performance. It will serve as a tool to 

facilitate achievement of the 

performance goals identified in Part A 

by documenting the program for regular 

monitoring and reporting to be utilized 

in the assessment of the Core 

Performance Measures identified in Part 

B. 

The Performance Monitoring and 

Evaluation Manual will be in the form 

of an instruction manual, and will 

address the following subject areas. 

1. Project Overview 

2. Purpose and Need 

3. Organization of Document 

4. Overview of Project Goals 

5. Overview of Core Performance 

Measures 

a. Key Questions and definition of 

Core Performance Measures 

b. Description of how specific 

reported information relates to Core 

Performance Measures and Performance 

Goals 

6. Methodology for Determining 

Baseline Measurements 

7. Annual Monitoring Program 

Measurement Processes and Procedures 

8. Coordination with other 

Transportation Providers 

9. Reference Documentation Listing as 

Applicable 

II. Monitoring and Reporting Annual 

Report 

The annual monitoring and reporting 

program measurement processes and 

procedures will be documented in an 

annual report that shall include the 

following sections. 

1. Project Information 

2. Performance Highlights 

3. Performance Summary 

4. Performance Details 

D. Timeline and Process for Submission 

of ELDP Monitoring Report 

The annual reporting period for the 

Express Lanes Demonstration Program 

is between January 1st and December 

31st of each year. Data collected and 

reported will align with this time 

period. The first year’s data after tolling 

commences will be data collected from 

the date of service commencement to 

December 31st of that year.TxDOT’s 

submission to FHWA of the Monitoring 

and Reporting Annual Report will occur 

no later than March 31st of each year. 

Authority: Section 1604(b)(7) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) (Pub. L. 109–59; Aug. 

10, 2005). 

Issued on: January 8, 2009. 

Thomas J. Madison, Jr., 

Federal Highway Administrator. 

[FR Doc. E9–1174 Filed 1–21–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

Iowa Interstate Railroad 

[Docket Number FRA–2008–0105] 

The Iowa Interstate Railroad (IAIS), a 

Class III Railroad, petitioned for a 


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4072 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

waiver of compliance from certain 

provisions of the steam locomotive 

safety standards as prescribed by CFR 

230.105(a) Lateral motion, for two steam 

locomotives used in tourist/excursion 

service. Specifically, this waiver request 

applies to locomotives number RDC 

6988 and 7081. These Class QJ, 2–10– 

2 locomotives were built by the Datong 

Locomotive Works, China. The Datong 

Works constructed 4,714 locomotives of 

this type between 1967 and 1988. The 

maximum operating speed for this type 

of locomotive is 50 mph. 

Both locomotive numbers 6988 and 

7081 received a standard 250,000 km 

overhaul, a Class 3 repair, in China prior 

to being shipped to the United States. 

The manufacturer’s specifications for 

the QJ Class locomotive require a total 

lateral clearance of 20 mm (0.787 inch) 

on the number 1 and 5 driving axle, 

with a 4 mm (0.157 inch) clearance for 

the three center axles (no. 2–4). All tire 

back-to-back spacing is at 1,252 mm 

(53.267 inches). The purpose for this 

specification is to allow a locomotive 

with a long rigid wheelbase to negotiate 

a curve up to 15.2 degrees. The lateral 

wear limit for all driving axles is 10 mm 

(0.393 inch) over the original 

dimensions. In summary, by design and 

as built, model QJ locomotive exceeds 

the U.S. limit of 0.75 inch for allowable 

lateral clearance for driving axles 

number 1 and 5 as specified by 49 CFR 

§ 230.105(a) 

IAIS requests relief from the 

requirements of 49 CFR 230.105(a) for 

driving axles numbers 1 and 5 to allow 

for a maximum lateral clearance of up 

to 30 mm (1.181 inches). This is 

consistent with the manufacturer’s 

design specification, and the operating 

experience of the China National 

Railway. In addition, the locomotive 

will be maintained in accordance with 

the requirements of 49 CFR 230.105(c) 

to ensure that no part of the running 

gear interfere with any other part of the 

steam locomotive. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2008– 

0105) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on January 14, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–1202 Filed 1–21–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

Iowa Interstate Railroad 

[Docket Number FRA–2008–0098] 

The Iowa Interstate Railroad (IAIS), a 

Class III Railroad, petitioned for a 

waiver of compliance from certain 

provisions of the safety glazing 

standards as prescribed by 49 CFR * 

223.15 Requirements for existing 

passenger cars, for 14 open-window 

coach cars used in tourist/excursion 

service. Specifically the car numbers 

are: RRDX 804, 806, 810, 814, 816, 819, 

820, 822, 826, 831, 834, 836, 837, and 

838. These cars were built by the 

Canadian Car & Foundry Company in 

1953, for the Canadian Pacific Railway, 

and used in Montreal, Quebec, in 

commuter service until 2005. 

The cars were purchased by the 

parent company of IAIS, Railroad 

Development Corporation in the fall of 

2006, for excursion service on an 

infrequent basis. The trains are 

proposed to be locomotive-hauled and 

operate over a mixture of urban/rural 

areas at speeds up to 45 mph. The 

glazing in these coaches are made of 

Lexan® polycarbonate plastic, and meet 

the requirement for Canadian passenger 

equipment glazing, but may not meet 

the requirements of 49 CFR Part 223. 

Since the cars were purchased and 

delivered to IAIS, there have been no 

acts of vandalism against the glazing. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2008– 

0098) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 


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