Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33511 

of the project. The docket numbers are 

CP07–191–000 and CP07–192–000. The 

filing may also be viewed on the web at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, call (866) 

208–3767 or TYY, (202) 502–8659. 

In addition, pipelines and structures 

such as the moorings may require 

permits under Section 404 of the Clean 

Water Act and Section 10 of the Rivers 

and Harbors Act which are administered 

by the Army Corps of Engineers 

(USACE). 

Port Dolphin will also require permits 

from the Environmental Protection 

Agency (EPA) pursuant to the 

provisions of the Clean Air Act, as 

amended, and the Clean Water Act, as 

amended. 

Construction of the deepwater port 

would be expected to take 

approximately 11 months with startup 

of commercial operations following 

construction, should a license be issued. 

The deepwater port would be designed, 

constructed and operated in accordance 

with applicable codes and standards. 

Privacy Act 

The electronic form of all comments 

received into the Federal Docket 

Management System can be searched by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc.). The DOT 

Privacy Act Statement can be viewed in 

the Federal Register published on April 

11, 2000 (Volume 65, Number 70, pages 

19477–78) or you may visit http:// 

www.regulations.gov. 

(Authority 49 CFR 1.66) 

Dated: July 2, 2009. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–16502 Filed 7–10–09; 8:45 am] 

BILLING CODE 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) received 

a request for a waiver of compliance 

with 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. 

Kenwood U.S.A. Corporation 

[(Waiver Petition Docket Number FRA–2009– 

0059] 

Kenwood U.S.A. Corporation 

(Kenwood) seeks a waiver of 

compliance from certain provisions of 

49 CFR part 232, Brake System Safety 

Standards for Freight and Other NonPassenger Trains and Equipment. 

Specifically, § 232.409(d)—Inspection 

and Testing of end-of-train devices, 

which requires the telemetry equipment 

to be tested for accuracy and calibrated 

if necessary at least every 368 days. It 

also requires that the date and location 

of the last calibration or test, as well as 

the name of the person performing the 

calibration or test, be legibly displayed 

on a weather-resistant sticker or other 

marking device affixed to the outside of 

both the front and the rear unit. 

This waiver will cover all Kenwood 

model NX–800–K UHF digital 

transceivers manufactured on or after 

August 24, 2007. This transceiver is 

competitive with a digitally synthesized 

radio produced by Wabtec, for which a 

similar waiver was granted (see Docket 

Number FRA–2004–18895); and 

Kenwood requests that its product be 

treated in a similar fashion. 

Kenwood states that its NX–800–K 

device is inherently stable, reflecting the 

state of the art in digital synthesized 

transceivers. Test results submitted by 

Kenwood as part of its Federal 

Communications Commission (FCC) 

authorization process confirm the 

extreme frequency stability of this 

digital synthesized device. This 

compliance meets the (FCC) TIA–603 

standard and current FCC Part 90 

service rule specifications for railroad 

applications. Kenwood states that, as 

such, annual re-certification is 

unnecessary and administratively 

burdensome. Kenwood further states 

that the annual re-certification 

requirement was developed at the time 

when such radios were crystal 

controlled and stability was an issue, 

and that the rule has no application to 

digitally synthesized modern 

transceivers. Kenwood believes that the 

spirit of the rule is not violated by the 

requested waiver inasmuch as the radio 

design obviates the need for the annual 

certification and measurements. 

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–2009– 

0059) 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 30 

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 July 7, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–16506 Filed 7–13–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Revenue Procedure 2003– 

38 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

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