4284 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

• A note of any special services 

offered for those systems with higher 

costs per passenger but more amenities. 

Federal land management agencies 

should send this information as part of 

their fourth quarter report. Examples 

can be found on the program Web site 

at http://www.fta.dot.gov/Transit in 

Parks Program. 

All planning documents that result 

from Transit in Parks Program funding 

must be submitted to FTA within thirty 

days. These should also be submitted to 

Vanessa Williams. 

D. Technical Assistance 

FTA has established a technical 

assistance program to assist participants 

in planning, implementing, and 

evaluating alternative transportation 

projects. As part of FTA’s technical 

assistance efforts, FTA is in the process 

of establishing a National Alternative 

Transportation Technical Assistance 

Center which will carry out multiple 

planning, research and technical 

assistance initiatives. FTA anticipates 

that the Center will be operational by 

March 2009. For more information 

regarding the Technical Assistance 

Center, contact Julie Atkins, Office of 

Planning and Environment, at 202–366– 

4491, e-mail: Julie.atkins@dot.gov. 

In addition, a limited number of 

technical assistance visits are available 

to assist potential project sponsors in 

the initial stages of planning. Project 

sponsors or potential project sponsors 

may contact the relevant Federal land 

management agency headquarters 

contact (see ADDRESSES section) to 

request technical assistance. 

Issued in Washington, DC, this 14th day of 

January, 2009. 

Sherry E. Little, 

Acting Administrator. 

[FR Doc. E9–1258 Filed 1–22–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket FTA–2009–0003] 

Notice of Proposed Policy Statement 

for Eligible New Freedom Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: The Federal Transit 

Administration (FTA) is proposing to 

expand the type of projects it considers 

to be ‘‘beyond the ADA’’ and thus 

increase the types of projects eligible for 

funding under the New Freedom 

program. Under the proposed 

interpretation, new and expanded fixed 

route and demand responsive transit 

service designed to meet the needs of 

individuals with disabilities would be 

eligible projects. 

DATES: FTA must receive all comments 

by February 23, 2009. FTA will consider 

late-filed comments to the extent 

practicable. 

ADDRESSES: To ensure your comments 

are not entered more than once into the 

Docket, please identify your 

submissions with the following Docket 

No. FTA–2009–0003. Please make your 

submissions by only one of the 

following means: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Fax: 1–202–493–2251. 

U.S. Post or Express Mail: U.S. 

Department of Transportation, Docket 

Operations, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Ave., SE., Washington, DC 20590. 

Hand Delivery: The West Building of 

the U.S. Department of Transportation, 

1200 New Jersey Ave., SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: You must include the 

agency name (Federal Transit 

Administration) and the Docket number 

(FTA–2009–0003) at the beginning of 

your comment. You should include two 

copies of your comment if you submit 

it by mail. If you wish to receive 

confirmation that FTA received your 

comment, you must include a selfaddressed stamped postcard. Note that 

FTA will post all comments that it 

receives, including any personal 

information provided therein, without 

change to http://www.regulations.gov. 

Due to security procedures in effect 

since October 2001 regarding mail 

deliveries, mail received through the 

U.S. Postal Service may be subject to 

delays. Anyone submitting a comment 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. 

FOR FURTHER INFORMATION CONTACT: 

Bonnie L. Graves, Attorney-Advisor, 

Legislation and Regulations Division, 

Office of Chief Counsel, Federal Transit 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590, phone: 

(202) 366–4011, fax: (202) 366–3809, or 

e-mail, Bonnie.Graves@dot.gov; or 

David Schneider, same address, (202) 

493–0175, or e-mail, 

David.Schneider@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The New Freedom Program (49 U.S.C 

5317) was established to fund capital 

and operating expenses that support 

new public transportation services and 

public transportation alternatives 

beyond those required by the Americans 

with Disabilities Act (ADA), in order to 

assist individuals with disabilities with 

transportation, including transportation 

to and from jobs and employment 

support services. 

When developing guidance for the 

New Freedom program, FTA initially 

proposed that ‘‘new public 

transportation services’’ and ‘‘public 

transportation alternatives beyond those 

required by the ADA’’ be considered 

separate categories of service. (See 71 

FR 13456, Mar. 15, 2006). Subsequent to 

this notice, FTA received feedback from 

the Congressional authors of the New 

Freedom program that projects that do 

not meet both criteria—new and beyond 

the ADA—are not eligible for funding. 

FTA also determined that projects are 

‘‘beyond the ADA’’ only if they allow a 

recipient to exceed its obligations under 

the ADA. For example, because the 

ADA and its implementing regulations 

at 49 CFR parts 37 and 38 provide very 

specific minimum requirements for 

complementary paratransit service 

when an agency provides fixed route 

service, New Freedom funds can be 

used to expand the scope of ADA 

complementary paratransit service 

beyond the minimum requirements 

stipulated in the ADA regulations at 49 

CFR part 37. On the other hand, the 

ADA does not require that a minimum 

level of public transit service be 

provided in any given area. Once 

service is provided, however, it must be 

ADA compliant, so FTA determined 

that projects to establish or expand fixed 

route or demand responsive service 

would not result in an agency exceeding 

its obligations under the ADA, and 

therefore would not be eligible for New 

Freedom funding. This interpretation 

was conveyed in subsequent Federal 

Register notices on the New Freedom 

program (71 FR 52610, Sept. 6, 2006, 

and 72 FR 14851, Mar. 29, 2007) and in 

the Frequently Asked Questions 

document on FTA’s website: http:// 

www.fta.dot.gov/funding/grants/ 

grants_financing_3549.html. 

Over the past several months, grant 

recipients have expressed concerns that 

FTA’s interpretation of which projects 

go ‘‘beyond the ADA’’ prevents agencies 

in rural and small urbanized areas with 

limited public transportation service 

from using New Freedom funds to 

provide new fixed route or demand 

response service targeted to meet the 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4285 

needs of people with disabilities. 

Stakeholders argue that these types of 

projects do go ‘‘beyond the ADA’’ 

because they represent transportation 

services that are not required under the 

Act or under the U.S. DOT ADA 

implementing regulations. 

Although stakeholders in areas with 

limited public transportation service 

can use New Freedom funds to 

implement new alternatives to public 

transportation, such as accessible taxis, 

travel training, and mobility 

management, many potential recipients 

have informed FTA that their greatest 

need is for new fixed route or demand 

responsive transportation services for 

people with disabilities. 

Proposed FTA Policy 

FTA proposes that new or expanded 

fixed route service and new or 

expanded demand response service 

would be eligible for New Freedom 

funding provided that: 

(1) The service is identified in the 

locally developed, coordinated public 

transit-human services transportation 

plan; 

(2) The service is designed to meet the 

needs of individuals with disabilities; 

(3) The service removes barriers to 

transportation and assists persons with 

disabilities with transportation; 

(4) The service was not operational on 

August 10, 2005, and did not have an 

identified funding source as of August 

10, 2005, as evidenced by inclusion in 

the Transportation Improvement 

Program (TIP) or the State 

Transportation Improvement Program 

(STIP); and 

(5) The service is not designed to 

allow an agency to meet its obligations 

under the ADA or the DOT ADA 

implementing regulations at 49 CFR 

parts 37 and 38. 

This policy change retains the 

existing requirement that services under 

the program be ‘‘new’’ services and 

adopts the interpretation voiced by 

transportation providers that transit 

services other than those that are 

required to be implemented under the 

ADA go ‘‘beyond the ADA.’’ Examples 

of newly eligible projects would be 

fixed route service extended to serve a 

congregate living facility or a workplace 

serving large numbers of individuals 

with disabilities; new or expanded 

demand responsive service, including 

new hours or days of operation, or 

increased geographic coverage, to meet 

the needs of individuals with 

disabilities. FTA encourages transit 

providers to include the general public 

in any service that is added, that is, that 

providers not create new ‘‘silo’’ 

transportation that is limited to 

individuals with disabilities. FTA also 

notes that expanded fixed route service 

may result in expanded ADA 

complementary paratransit service; 

since the ADA complementary 

paratransit service is required under the 

ADA, it would not be eligible for New 

Freedom funding. All new or expanded 

fixed route and demand responsive 

services funded under the New Freedom 

program will be subject to the 

requirements of the ADA and DOT ADA 

implementing regulations. 

Issued in Washington, DC, this 15th day of 

January 2009. 

Severn E.S. Miller, 

Acting Deputy Administrator. 

[FR Doc. E9–1412 Filed 1–22–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for 

Modification of Special Permit. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. This notice is abbreviated to 

expedite docketing and public notice. 

Because the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Request of 

modifications of special permits (e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ demote a 

modification request. There applications 

have been separated from the new 

application for special permits to 

facilitate processing. 

DATES: Comments must be received on 

or before February 9, 2009. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration U.S. Department of 

Transportation Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, Southeast, Washington, 

DC or at http://dms.dot.gov. 

This notice of receipt of applications 

for modification of special permit is 

published in accordance with Part 107 

of the Federal hazardous materials 

transportation law (49 U.S.C. 5117(b); 

49 CFR 1.53(b)). 

Issued in Washington, DC, on January 14, 

2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

MODIFICATION SPECIAL PERMIT

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof 

10869–M ..... Norris Cylinder Company, 

Longview, TX.

49 CFR 173.301(b); 

173.302(a)(5); 173.304(a); 

175.3.

To modify the special permit 

to authorize an increase of 

2 inches to the length of the 

cylinder.

11646–M ..... Bioclean System & Supply, 

Inc., Moundsview, MN.

49 CFR 173.28(b)(2); 

173.150(f)(3)(vii).

To modify the special permit 

to authorize an additional 

Class 8 hazardous material 

and an alternative method 

of product transfer.

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