Oct. 7, 2009, FR Notice (NOFA #2)

Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices

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Potential criminal penalties include
fines of up to $500,000 and/or ten years
in jail. In a recent enforcement case,
PHMSA assessed a total civil penalty of
$360,000 for multiple violations of the
HMR relating to the improper shipment
of used batteries for recycling or
disposal. To date, FAA has closed over
75 investigations concerning battery
violations observed in air transport and
has collected over $1,000,000 in civil
penalties.
More detailed information on the
requirements in the HMR governing the
shipment of batteries and additional
guidance are available on DOT’s Hazmat
Safety Web site: http://
www.phmsa.dot.gov/hazmat. The HMR
are also accessible through our Web site,
and answers to specific questions may
be obtained from the Hazardous
Materials Information Center at 1–800–
467–4922 (in Washington, DC, call 202–
366–4488).

FOR FURTHER INFORMATION CONTACT: Mr.
Salvador Deocampo, District Engineer,
Federal Highway Administration, 300 E.
8th Street, Rm. 826, Austin, Texas
78701; telephone: (512) 536–5950; email: [email protected].
The FHWA Texas Division Office’s
normal business hours are 7:45 a.m. to
4:15 p.m. You may also contact Ms.
Dianna Noble, Texas Department of
Transportation, 125 E. 11th Street,
Austin, Texas 78701; telephone: (512)
416–2734.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the FHWA and other
Federal agencies have taken final agency
actions by issuing licenses, permits, and
approvals for the following highway
project in the State of Texas: US 281,
beginning at Redland Road and heading
north to north of Marshall Road in Bexar
County in the State of Texas. The
project will be approximately 3.1 miles
long and will construct ‘‘Super Street’’
intersections (also known as restricted
Issued in Washington, DC, on September
29, 2009.
crossing U-turn (RCUT) intersections) at
Theodore L. Willke,
the intersections of US 281 and Encino
Rio (modified RCUT), Evans Road,
Associate Administrator for Hazardous
Materials Safety.
Stone Oak Parkway and Marshall Road.
The ‘‘Super Street’’ intersection
[FR Doc. E9–24184 Filed 10–6–09; 8:45 am]
prohibits cross-street traffic from going
BILLING CODE 4910–60–P
straight through or turning left at the
divided highway intersection. CrossDEPARTMENT OF TRANSPORTATION street traffic must turn right and then
access a U-turn to proceed in the
Federal Highway Administration
desired direction. The actions by the
Federal agencies, and the laws under
Notice of Final Federal Agency Actions which such actions were taken, are
on United States Highway 281 in Texas described in the Categorical Exclusion
(CE) for the project, dated September
AGENCY: Federal Highway
2009, and in other documents in the
Administration (FHWA), DOT.
FHWA project records. The CE and
ACTION: Notice of Limitation on Claims
for Judicial Review of Actions by FHWA other documents in the FHWA project
records file are available by contacting
and Other Federal Agencies.
the FHWA or the Texas Department of
SUMMARY: This notice announces actions Transportation at the addresses
taken by the FHWA and other Federal
provided above. This notice applies to
agencies that are final within the
all Federal agency decisions as of the
meaning of 23 U.S.C. 139(l)(1). The
issuance date of this notice and all laws
actions relate to a proposed highway
under which such actions were taken,
project, United States Highway 281 (US including but not limited to:
281), beginning at Redland Road and
1. General: National Environmental
heading north to north of Marshall Road Policy Act (NEPA) [42 U.S.C. 4321–
in Bexar County in the State of Texas.
4351]; Federal-Aid Highway Act [23
Those actions grant licenses, permits,
U.S.C. 109].
and approvals for the project.
2. Air: Clean Air Act, 42 U.S.C. 7401–
7671(q).
DATES: By this notice, the FHWA is
3. Land: Section 4(f) of the
advising the public of final agency
Department of Transportation Act of
actions subject to 23 U.S.C. 139(l)(1). A
1966 [49 U.S.C. 303].
claim seeking judicial review of the
4. Wildlife: Endangered Species Act
Federal agency actions on the highway
[16 U.S.C. 1531–1544 and Section
project will be barred unless the claim
is filed on or before April 5, 2010. If the 1536], Migratory Bird Treaty Act [16
U.S.C. 703–712].
Federal law that authorizes judicial
5. Historic and Cultural Resources:
review of a claim provides a time period
Section 106 of the National Historic
of less than 180 days for filing such
claim, then that shorter time period still Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.]; Archeological
applies.

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Resources Protection Act of 1977 [16
U.S.C. 470(aa)–11]; Archeological and
Historic Preservation Act [16 U.S.C.
469–469(c)].
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; Farmland Protection Policy
Act (FPPA) [7 U.S.C. 4201–4209].
7. Wetlands and Water Resources:
Clean Water Act, 33 U.S.C. 1251–1377
(Section 404, Section 401, Section 319).
8. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 11593 Protection and
Enhancement of Cultural Resources;
E.O. 13175 Consultation and
Coordination with Indian Tribal
Governments; E.O. 11514 Protection and
Enhancement of Environmental Quality;
E.O. 13112 Invasive Species.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: September 30, 2009.
Salvador Deocampo,
District Engineer, Austin, Texas.
[FR Doc. E9–24154 Filed 10–6–09; 8:45 am]
BILLING CODE 4910–RY–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Availability and
Solicitation of Applications for Grants
Under the Railroad Rehabilitation and
Repair Grant Program
AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding availability;
solicitation of applications.
SUMMARY: Under this Notice, the FRA
encourages interested State departments
of transportation to submit applications
for grants to repair and rehabilitate Class
II and Class III railroad infrastructure
damaged by hurricanes, floods, and
other natural disasters in areas for
which the President declared a major
disaster after January 1, 2008, under
Title IV of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act of 1974.
DATES: FRA will begin accepting grant
applications 10 days after publication of
this Notice of Funding Availability in

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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices

the Federal Register. Applications may
be submitted until close of business
December 20, 2009.
ADDRESSES: Applications for grants
under this Program must be submitted
electronically to ‘‘Grants.gov’’ at http://
www.grants.gov. Grants.Gov allows
organizations to find and apply
electronically for competitive grant
opportunities from all Federal grantmaking agencies. Any State wishing to
submit an application pursuant to this
notice should immediately initiate the
process of registering with Grants.Gov.
Please confirm all Grants.gov
submissions by sending an e-mail to
[email protected].
For application materials that an
applicant is unable to submit via
Grants.Gov (such as oversized
engineering drawings), applicants may
submit an original and two (2) copies to
the Federal Railroad Administration at
the following address: Federal Railroad
Administration, Attention: Alice
Alexander, Office of Railroad
Development, 1200 New Jersey Avenue,
SE., Mail Stop 20, Washington, DC
20590, by close of business December
20, 2009.
Due to delays caused by enhanced
screening of mail delivered via the U.S.
Postal Service, applicants are
encouraged to use other means to assure
timely receipt of materials.
FOR FURTHER INFORMATION CONTACT:
Alice Alexander, Office of Railroad
Development, Federal Railroad
Administration, 1200 New Jersey
Avenue, SE., W36–410, Washington, DC
20590; Phone: (202) 493–6363; Fax:
(202) 493–6333.
SUPPLEMENTARY INFORMATION: The
collection of information associated
with the Railroad Rehabilitation and
Repair grant program was approved
previously by the Office of Management
and Budget under OMB No. 2130–0580.
The FRA is seeking renewed approval
from OMB for this collection of
information, which currently expires on
October 31, 2009.
There is approximately $5,000,000
remaining in the Railroad Rehabilitation
and Repair Grant Program (Catalog of
Federal Domestic Assistance (CFDA)
Program Number 20.314) which was
originally supported with up to
$20,000,000 of Federal funds provided
to FRA as part of the Consolidated
Security, Disaster Assistance, and
Continuing Appropriations Act, 2009
(Pub. L. 110–329, September 30, 2008.)
Following the November 6, 2008, Notice
of Funding Availability (NOFA),
applications were received and
evaluated according to criteria described
in the notice. On May 27, 2009, the FRA

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selected 12 projects totaling
approximately $15 million under this
program. FRA will start accepting
applications after publishing this NOFA
in the Federal Register for the
approximately $5,000,000 remaining.
Funds provided under this Program
may constitute no more than 80 percent
of the total cost of a selected project,
with the remaining cost funded from
other non-Federal sources. FRA
anticipates awarding grants to multiple
eligible participants. Eligible projects
include repairs and rehabilitation to
Class II and Class III railroad
infrastructure damaged by hurricanes,
floods, and natural disasters that are
located in counties that have been
identified in a Disaster Declaration for
Public Assistance issued by the
President between January 1, 2008 and
October 7, 2009. (http://www.fema.gov/
news/disasters.fema#sev1).
Class II and Class III railroad
infrastructure eligible for repair and
rehabilitation consists of railroad rightsof-way, bridges, signals and other
infrastructure which are part of the
general railroad system of transportation
and primarily used by railroads to move
freight traffic. Section 24312 (Labor
Standards) of Title 49, United States
Code, applies to grantees assisted under
this Program. The grantees must exhaust
all other Federal and State resources
prior to seeking assistance under this
Program. FRA anticipates that no further
public notification will be made with
respect to soliciting grant applications
and selecting grantees under this
Program.
Purpose: Since 2008, the President
has made 113 major disaster
declarations related to hurricanes,
floods, and other natural disasters.
Funds provided under this Program will
assist Class II and Class III railroads
rebound from these disasters declared in
2008 and October 7, 2009.
Authority: The Consolidated Security,
Disaster Assistance, and Continuing
Appropriations Act, 2009 (Pub. L. 110–329,
September 30, 2008).

Funding: The Consolidated Security,
Disaster Assistance, and Continuing
Appropriations Act, 2009 (the Act)
provided $20,000,000, to remain
available until expended. The Act
directs the Secretary of Transportation
to competitively award grants covering
up to 80 percent of project costs, with
the remaining project costs provided in
non-Federal cash, equipment, or
supplies. Further, the Act allows the
Secretary to retain up to one-half of 1
percent of the funds to fund the
oversight by FRA of the design and
implementation of projects funded by

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these grants. The funding provided for
these grants will be made available to
the grantee(s) on a reimbursable basis. It
is anticipated that the available funding
could support projects proposed by
multiple applicants. FRA may choose to
award a grant or grants in any amount
within the limit of the available funds.
Following the November 6, 2008,
NOFA, applications were received and
evaluated according to criteria described
in the notice. On May 27, 2009, the FRA
selected 12 projects totaling
approximately $15 million under this
program. FRA will start accepting
applications after publishing this NOFA
in the Federal Register for the
approximately $5 million remaining in
this program.
Schedule for Rehabilitation and
Repair Grant Program: FRA will begin
accepting grant applications within ten
days after the publication of the NOFA
in the Federal Register. All applications
must be received by the close of
business December 20, 2009 deadline.
Eligible Participants: The department
of transportation of any eligible State
may apply for funding under this notice,
provided that the applicant State has an
eligible project and has exhausted all
other Federal and State resources prior
to seeking assistance under this
Program.
Eligible Projects: To be eligible for
funding under this Program, a project
must include the rehabilitation and
repair of Class II or Class III railroad
infrastructure damaged by hurricanes,
floods, and other natural disasters in
counties for which the President
declared a major disaster under Title IV
of the Robert T. Stafford Disaster Relief
and Emergency Assistant Act of 1974
between January 1, 2008, and October 7,
2009. Rehabilitation or repairs must be
made to rights-of-way, bridges, signals,
and other infrastructure which are part
of the general railroad system of
transportation. In addition, the railroad
infrastructure replaced or rehabilitated
must be primarily used to move freight
traffic.
Funding Period: Funds will be
available under this program only for
the reimbursement of costs incurred
after a major disaster declaration in
calendar year 2008 and 2009 until the
publication of this NOFA in the
counties covered by such a declaration.
Selection Criteria: FRA will consider
the following selection factors in
evaluating applications for grants under
this Program:
1. The inability of the Class II or Class
III railroad to fund the project without
Federal grant funding.

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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices
2. The effects on rail operations,
specifically the movement of freight, of
the proposed rehabilitation or repair.
3. The likelihood of continued
railroad operations on the track that is
proposed to be repaired or rehabilitated
for more than three years after project
work is complete.
Requirements for Grant Applications:
The following points describe the
minimum content which will be
required in grant applications. These
requirements may be satisfied through a
narrative statement submitted by the
applicant and supported by spreadsheet
documents, tables, drawings, and other
materials, as appropriate. Each grant
application must:
1. Designate a point of contact for the
applicant and provide his or her name,
title, and contact information, including
phone number, mailing address and email address. The point of contact must
be an employee of the applicant.
2. Include an explanation of why the
project is an eligible project and a
thorough discussion of how the project
meets all of the selection criteria, as
listed below:
a. The inability of the Class II or Class
III railroad to fund the project without
Federal grant funding.
b. The effects on rail operations,
specifically the movement of freight, of
the proposed rehabilitation or repair.
c. The likelihood of continued
railroad operations on the track that is
proposed to be repaired or rehabilitated
for more than three years after project
work is complete.
3. Identify all funds (including
amounts) received from other Federal
and/or State disaster relief programs
that directly benefited the project(s) for
which funds are being sought under this
Program, or demonstrate that all such
efforts at procuring such funding have
failed or been exhausted. This
demonstration should include a
recitation of specific Federal and State
disaster relief programs investigated by
the applicant. Among the Federal
programs which the applicant might
investigate are those administered by
the Federal Emergency Management
Administration, the Small Business
Administration, the Federal Highway
Administration, and the U.S.
Department of Agriculture.
4. Include the completed forms:
(a) Standard Form 424, ‘‘Application
for Federal Assistance,’’ Standard Form
424C, ‘‘Budget Information for
Construction Programs,’’ Standard Form
424D, ‘‘Assurances—Construction
Programs.’’
(b) The relevant sections of the most
recent audit performed in compliance
with OMB Circular A–133, if available.

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Information on Circular A–133 can be
found at http://www.whitehouse.gov/
omb/circulars/a133/a133.html.
(c) Signed copies of FRA’s Additional
Assurances and certifications, available
at http://www.fra.dot.gov/downloads/
admin/assurancesandcertifications.pdf.
5. Include a detailed description of
the scope of work, budget and schedule
and ensure that they are consistent.
Describe the proposed project’s physical
location, mile-post limits, and include
any drawings, plans, or schematics that
have been prepared relating to the
proposed project.
If funding requested under this
Program is only going to support a
portion of the overall rehabilitation and
repair of the applicant’s project,
describe the complete project, and
specify in detail which portion will
involve Federal funding. In addition,
FRA strongly encourages applicants to
estimate complete project costs and
explain how the Class II and Class III
railroad on whose property the project
is located will finance the complete
project.
6. The budget for the cost of the
project should, to the extent possible, be
separated into the following categories:
(1) Administrative; (2) Engineering fees;
(3) Demolition and removal; (4)
Construction labor, supervision, and
management; (5) Equipment; (6)
Materials, by type (e.g. ties, rail, ballast,
signals, and switches); (7)
Contingencies; and (8) Inspection fees.
Costs may be reimbursed as long as
expenditures were incurred after the
date of the natural disaster.
7. Describe the source and amount of
non-Federal funds, broken down by
cash, equipment, or supplies.
8. Describe proposed project
implementation and include an
overview of project management
arrangements.
9. For the railroad(s) operating on the
infrastructure proposed to be
rehabilitated or repaired, describe the
frequency of service, axle-load limits,
and estimated railroad gross ton miles
for the first full year after completion of
the project.
10. Provide an overview of all work
done to date to rehabilitate and repair
damage caused by the natural disaster.
11. Describe the status or progress
toward completing any environmental
documentation or clearance for the
proposed project under the National
Environmental Policy Act, the National
Historic Preservation Act, section 4(f) of
the DOT Act, or other applicable
Federal or State environmental impact
assessment laws. FRA’s Procedures for
Considering Environmental Impacts (64
FR 28545, May 26, 1999) describes

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FRA’s process for the assessment of
environmental impacts and the
preparation and processing of
appropriate documents. That document
is available online at http://
www.fra.dot.gov/us/content/166. For
projects that may be categorically
excluded from detailed environmental
review, as discussed in FRA’s
Procedures Section 4(c), categorical
exclusion worksheets are available at:
http://www.fra.dot.gov/us/content/1606.
Applicants are encouraged to contact
FRA as early as possible to discuss the
environmental review process.
Format: Excluding spreadsheets,
drawings, and tables, the narrative
statement for grant applications may not
exceed ten pages in length. With the
exclusion of oversized engineering
drawings (which may be submitted in
hard copy to the FRA at the address
indicated above), all application
materials should be submitted as
attachments through Grants.Gov.
Spreadsheets consisting of budget or
financial information should be
submitted via Grants.Gov as Microsoft
Excel (or compatible) documents.
Issued in Washington, DC, on September
30, 2009.
Mark E. Yachmetz,
Associate Administrator for Railroad
Development.
[FR Doc. E9–24182 Filed 10–6–09; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on Request To
Release Airport Property at the
Tacoma Narrows Airport
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Request to Release
Airport Property.
SUMMARY: The FAA proposes to rule and
invite public comment on the release of
land at the Tacoma Narrows Airport
under the provisions of section 125 of
the Wendell H. Ford Aviation
Investment Reform Act for the 21st
Century (AIR 21).
DATES: Comments must be received on
or before November 13, 2009.
ADDRESSES: Comments on this
application may be mailed or delivered
to the FAA at the following address: Ms.
Carol Suomi, Manager, Federal Aviation
Administration, Northwest Mountain
Region, Airports Division, Seattle
Airports District Office, 1601 Lind Ave
SW., Suite 250, Renton, WA 98057.

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