Notices. Notice of renewal of exemption; request for comments

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Polk County, IA AGENCY: Federal Highway Administration (FHWA), DOT, Polk County. SUMMARY: The FHWA and Iowa DOT are issuing this notice to advise the public an EIS will be prepared for a proposed roadway project in Polk County, Iowa. The planned EIS will evaluate potential transportation improvement alternatives for serving northeast Des Moines and its neighboring communities between I-80/US65 west of Altoona to US69/NE 126 Avenue north of Ankeny.

FOR FURTHER INFORMATION CONTACT: Michael La Pietra, Environment and Realty Manager, FHWA Iowa Division Office, 105 Sixth Street, Ames, IA 50010, Phone 515-233-7302; or James P. Rost, Director, Office of Location and Environment, Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010, Phone 515-239-1798. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document is available for free download from the Federal Bulletin Board (FBB). The FBB is a free electronic bulletin board service of the Superintendent of Documents, U.S.

Government Printing Office (GPO). The FBB may be accessed in four ways:

(1)Via telephone in dial-up mode or via the Internet through

(2)telnet,

(3)FTP, and

(4)the World Wide Web. For dial-up mode a user needs a personal computer, modem, telecommunications software package, and telephone line. A hard disk is recommended for file transfers. For Internet access a user needs Internet connectivity. Users can telnet or FTP to: *fedbbs.access.gpo.gov.* Users can access the FBB via the World Wide Web at *http://fedbbs.access.gpo.gov.* User assistance for the FBB is available from 7 a.m. until 5 p.m., eastern time, Monday through Friday (except Federal holidays) by calling the GPO Office of Electronic Information Dissemination Services at 202-512-1530, toll-free at 888-293-6498; sending an e-mail to *gpoaccess@gpo.gov;* or sending a fax to 202-512-1262. Access to this notice is also available to Internet users through the **Federal Register's** home page at *http://www.nara.gov/fedreg.* Background The FHWA, in cooperation with the Iowa Department of Transportation and Polk County will prepare an EIS for the proposed Northeast Beltway study. The proposed project would include roadway improvements to provide a high-speed connection from I-80 near Altoona to U.S. 69 north of Ankeny. The purpose of the Northeast Polk County Beltway is to prepare for increased travel demand in and around Ankeny and its neighboring communities. Traffic congestion on I-35 between Des Moines and Ankeny would be alleviated, and traffic would be reduced on the Northeast systems interchange (35/80/235). Alternatives under consideration include:

(1)Taking no action;

(2)widening existing roadways; and,

(3)constructing a roadway on a new location. The build alternative will include consideration of various alignments and grades. Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. A series of public meetings will be held in 2006 and 2007. In addition, a public hearing will be held upon completion of the draft EIS. Public notice will be given of the time and place of the public meetings and public hearing. The draft EIS will be available for public and agency review and comment prior to the public hearing. A scoping meeting (the initial public meeting) will be held identifying significant issues to be addressed in the environmental impact statement. The date and location of the scoping meeting have not yet been determined but will be advertised in various local media. To ensure that the full range of issues related to this proposed action are addressed and all significant issues are identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the EIS should be directed to the FHWA or Iowa Department of Transportation at the address provided in the caption FOR FURTHER INFORMATION CONTACT . (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. 315; 49 CFR 1.48). Dated: April 28, 2006. Philip E. Barnes, Division Administrator FHWA, Iowa Division. [FR Doc. E6-6802 Filed 5-4-06; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA-99-5748, FMCSA-99-6156, FMCSA-99-6480, FMCSA-2000-7006, FMCSA-2001-11426, FMCSA-2002-11714, FMCSA-2003-16564] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 23 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle

(CMV)drivers. DATES: This decision is effective May 30, 2006. Comments must be received on or before June 5, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System

(DMS)Docket Numbers FMCSA-99-5748, FMCSA-99-6156, FMCSA-99-6480, FMCSA-2000-7006, FMCSA-2001-11426, FMCSA-2002-11714, FMCSA-2003-16564, using any of the following methods. • *Web site:* *http://dmses.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Instructions:* All submissions must include the Agency name and docket numbers for this Notice. Note that all comments received will be posted without change to *http://dms.dot.gov,* including any personal information provided. Please see the Privacy Act heading for further information. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The DMS is available 24 hours each day, 365 days each year. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. *Privacy Act:* Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This information is also available at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division,

(202)366-4001, *maggi.gunnels@dot.gov,* FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Exemption Decision Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of commercial motor vehicles

(CMVs)in interstate commerce, for a two-year period if it finds “such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.” The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. This Notice addresses 23 individuals who have requested renewal of their exemptions in a timely manner. FMCSA has evaluated these 23 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Guy M. Alloway Joe W. Brewer Terrance F. Case James D. Coates Richard J. Cummings Michael D. DeBerry Donald D. Dunphy James W. Ellis, IV John E. Engstad David W. Grooms Walter D. Hague, Jr. David A. Inman Alfred G. Jeffus Harry L. Jones Teddie W. King Lawrence C. Moody Stanley W. Nunn William R. Proffitt Charles L. Schnell Andrew W. Schollett Bobby C. Spencer Sammy D. Steinsultz Kevin R. Stoner These exemptions are extended subject to the following conditions:

(1)That each individual have a physical examination every year

(a)by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and

(b)by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41;

(2)that each individual provide a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and

(3)that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if:

(1)The person fails to comply with the terms and conditions of the exemption;

(2)the exemption has resulted in a lower level of safety than was maintained before it was granted; or

(3)continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31315 and 31136(e). Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 23 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 40404; 64 FR 66962; 67 FR 10475; 69 FR 26206; 64 FR 54948; 65 FR 159; 69 FR 17267; 67 FR 17102; 64 FR 68195; 65 FR 20251; 69 FR 19611; 65 FR 20245; 67 FR 15662; 67 FR 37907; 67 FR 10471; 67 FR 19798; 67 FR 15662; 68 FR 74699; 69 FR 10503). Each of these 23 applicants has requested timely renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver's safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by June 5, 2006. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published Notices of final disposition announcing its decision to exempt these 23 individuals from the vision requirement in 49 CFR 391.41(b)(10). That final decision to grant the exemption to each of these individuals was based on the merits of each case and only after careful consideration of the comments received to its Notices of applications. Those Notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited **Federal Register** publications. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: April 28, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6-6786 Filed 5-4-06; 8:45 am] BILLING CODE 4910-EX-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. Golden Pacific Railroad, Inc. [Waiver Petition Docket Number FRA-2006-23741] The Golden Pacific Railroad, Inc. (GPRR), seeks a waiver of compliance from certain provisions of the Safety Glazing Standards, 49 CFR part 223, that requires certified glazing, for six

(6)coaches. Specifically, these are coach numbers TPHX 800, TPHX 801, TPHX 813, TPHX 817, TPHX 821 and TPHX 835. The GPRR plans to use the subject cars in a local non commuter train service at speeds of less then 40 miles per hour. 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 2006-23741) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. 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://dms.dot.gov.* Anyone is able to search the electronic form of all 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). The Statement may also be found at *http://dms.dot.gov.* Issued in Washington, DC on May 1, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-6785 Filed 5-4-06; 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)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. Sacramento Regional Transit District [Petition Docket Number FRA-2006-24216] As a supplement to Sacramento Regional Transit District's

(SRTD)Petition for Approval of Shared Use (Shared Corridor) and waiver of Certain FRA Regulations (the original shared corridor waiver was granted by the FRA Railroad Safety Board on September 1, 2003), SRTD seeks a permanent waiver of compliance from additional sections of Title 49 of the CFR for continued safe operation of its 18.3-mile Light Rail Transit (RT System) everywhere it shares a corridor and corresponding highway-rail grade crossings with the Union Pacific Railroad (UPRR). SRTD submits that this request is consistent with the waiver process for Shared Use. See Statement of Agency Policy Concerning Jurisdiction Over the Safety of Railroad Passenger Operations and Waivers Related to Shared Use of the Tracks of the General Railroad System by Light Rail and Conventional Equipment, 65 FR 42529 (July 10, 2000); see also Joint Statement of Agency Policy Concerning Shared Use of the Tracks of the General Railroad System by Conventional Railroads and Light Rail Transit Systems, 65 FR 42626 (July 10, 2000). The RT System operates on its own tracks in certain rail corridors also used by UPRR for freight rail operations over adjacent tracks. The RT System and the UPRR share 18 public highway-rail grade crossings on the Placerville Branch, a rail corridor owned by Sacramento-Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA) that extends between milepost

(MP)97.0 and MP 110. The RT System and UPRR also share 11 public highway-rail grade crossings on the UPRR mainline between approximately MP 131 and MP 137.9. SRTD states that since it began light rail service in 1987, the RT System utilized a 75 dbA gong on its vehicles to sound an audible warning at highway-rail grade crossings. On June 24, 2005, the RT System began using a 95-100 dbA vehicle horn instead of the 75 dbA gong. In March, 2006, SRTD finished installing new 75dbA “clatter” gongs in its vehicle fleet, which are being sounded at highway-rail grade crossings in place of the 95-100 dbA horn. On April 27, 2005, the FRA issued the Final Rule on Use of Locomotive Horns at Highway-Rail Grade Crossings, 69 FR 21844 (2005), with an effective date on June 24, 2005. SRTD is working with the City of Rancho Cordova and the County of Sacramento to evaluate the feasibility of establishing Quiet Zones along portions of the RT System, but is concerned about the anticipated costs of implementing such Zones. With the exception of the Quiet Zone established by the City of Sacramento between C street downtown and Meadowview Road between 7AM and 6AM (previously filed as a Pre-Rule Partial Quiet Zone Notice), RT System LRVs along all shared public highway-rail grade crossings with the UPRR are sounding either a 95-100 dbA horn or 75 dbA “clatter” gong that complies with the Final Horn Rule sound pattern requirements of CFR part 222. Because the RT System is running through residential areas, SRTD is receiving complaints from local residents about the noise of these horns and “clatter” gongs and would like to return to its historical practice of using 75 dbA gongs. SRTD states that the 75 dbA gong complies with all applicable sound level requirements of the California Public Utilities Commission

(CPUC)as set forth in General Order 143-B. The proposed 75 dbA gong sounding practice at shared highway-rail grade crossings has been the standard operating practice from 1987 until June 2005, and in such time, has had only 20 reportable accidents or incidents. SRTD further states that light rail operations are significantly different in character from freight rail operations and the audible warning procedures for the RT System's LRVs reflect those differences. Accordingly, SRTD seeks a waiver of compliance with certain sections of CFR part 229.129 (minimum horn decibel requirements) and CFR part 222.21 regarding start time, pattern, and duration requirements. (Section 229.129(d) clearly excepts locomotives of rapid transit operations, notwithstanding preamble discussion in the final rule to the contrary; accordingly this portion of the request for relief will be dismissed and comment is not requested on this aspect of the request for relief.) 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 communication concerning these proceedings should identify the appropriate docket number ( *e.g.* , Waiver Petition Docket Number FRA-2006-24216) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. 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://dms.dot.gov.* Issued in Washington, DC, on May 1, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-6788 Filed 5-4-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2000-7257] Notice No. 39; Railroad Safety Advisory Committee; Notice of Meeting AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of the Railroad Safety Advisory Committee

(RSAC)meeting. SUMMARY: FRA announces the next meeting of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics include opening remarks from the FRA Administrator, a discussion panel on lessons learned during the ten years RSAC has existed, and the report on the Safety of Remote Control Locomotive Operations. Status reports will be given on the Passenger Safety, Roadway Worker, Continuous Welded Rail, and Locomotive Standards working groups. The Committee will be asked to vote to accept a task on railroad security. DATES: The meeting of the RSAC is scheduled to commence at 9:30 a.m., and conclude at 4 p.m., on Thursday, May 18, 2006. ADDRESSES: The meeting of the RSAC will be held at the Wyndham Washington, DC, 1400 M Street, NW., Washington, DC 20005,

(202)493-1700. The meeting is open to the public on a first-come, first-serve basis, and is accessible to individuals with disabilities. Sign and oral interpretation can be made available if requested 10 calendar days before the meeting. FOR FURTHER INFORMATION CONTACT: Patricia Butera, RSAC Coordinator, FRA, 1120 Vermont Avenue, NW., Stop 25, Washington, DC 20590,

(202)493-6212 or Grady Cothen, Deputy Associate Administrator for Safety Standards and Program Development, FRA, 1120 Vermont Avenue, NW., Mailstop 25, Washington, DC 20590,

(202)493-6302. SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), FRA is giving notice of a meeting of the RSAC. The meeting is scheduled to begin at 9:30 a.m., and conclude at 4 p.m., on Thursday, May 18, 2006. The meeting of the RSAC will be held at the Wyndham Washington, DC, 1400 M Street, NW., Washington, DC 20005,

(202)493-1700. RSAC was established to provide advice and recommendations to the FRA on railroad safety matters. Currently, the Committee consists of 48 individual voting representatives and five associate representatives drawn from among 30 organizations representing various rail industry perspectives, two associate representatives from the agencies with railroad safety regulatory responsibility in Canada and Mexico, and other diverse groups. Staffs of the National Transportation Safety Board and the Federal Transit Administration also participate in an advisory capacity. The Committee's charter must be renewed by May 17, at which time it is anticipated that proposed changes to the membership will be approved. The changes include the addition of one voting seat for the Transportation Security Administration and five voting seats for hazardous materials shippers and manufacturers. See the RSAC Web site for details on pending tasks at: *http://rsac.fra.dot.gov/.* Please refer to the notice published in the **Federal Register** on March 11, 1996, (61 FR 9740) for more information about the RSAC. Issued in Washington, DC, on May 1, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-6787 Filed 5-4-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Safety Advisory 2006-04 AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of Safety Advisory 2006-04; Tank Cars with Stub Sills. SUMMARY: FRA is issuing Safety Advisory 2006-04 recommending that owners of tank cars equipped with the ACF Industries, Incorporated

(ACF)200 stub sill design, inspect and enhance the underframes in accordance with the procedures contained in ACF's Maintenance Bulletin TC-200. Owners should contact ACF (see below) for a copy of Maintenance Bulletin TC-200 and for clarification of procedures and any additional information. FOR FURTHER INFORMATION CONTACT: Albert R. Taber or Thomas A. Phemister, Railroad Safety Specialists (Hazardous Materials), Hazardous Materials Division, Office of Safety Assurance and Compliance, Federal Railroad Administration, U.S. Department of Transportation, 1120 Vermont Avenue, NW., Washington, DC 20590-0001 (telephone:

(202)493-6254 or

(202)493-6050; e-mail: *al.taber@dot.gov* or *tom.phemister@dot.gov* ). SUPPLEMENTARY INFORMATION: Background Since 1990, FRA, in conjunction with Transport Canada, has documented approximately eleven known defects on tank cars built with the ACF 200 stub sill design (ACF-200 tank cars). These defects included tank head cracks, pad to tank cracks, sill web cracks, and tank car buckling that in some instances led to hazardous materials incidents. In addition, the Association of American Railroads

(AAR)Stub Sill (SS-3) inspection data related to ACF-200 tank cars shows significant percentages of longitudinal weld cracks located in the pad to sill area, and parent metal cracks in the pad. These cracks present a possible source of the loss of tank integrity which could lead to unintended releases of hazardous materials from ACF-200 tank cars. On November 15, 2005, FRA representatives met with officials representing the original builder of the ACF-200 tank cars to discuss the evolution of the design, areas of concern, and proper modifications/enhancements to the sill of ACF-200 tank cars to ensure structural integrity while transporting hazardous materials by rail. At this meeting, FRA learned that the safety concerns with the ACF-200 stub sill design are fatigue related which could be addressed through periodic inspection and modification of the tank cars at certain intervals determined by mileage and re-qualification inspection and maintenance dates. Specifically, FRA learned that the fatigue-related safety concerns with the ACF-200 stub sill design can be eliminated by modifying the underframe of the tank car in accordance with ACF's Maintenance Bulletin TC-200 (ACF Style 200 Stub Sill Underframe Enhancement, issued in May 1994) and installing the P470 angle application head brace. Once the P470 Angle Application has been installed (popularly known as the “ladder fix”), the underframe of the tank car is transformed into what is known as the ACF-270 stub sill design. According to ACF, this program of retrofitting ACF-200 tank cars to the ACF-270 design, began nearly a decade ago and has progressed through the fleet, resulting in the majority of the affected cars having already been retrofitted to the ACF-270 design. FRA is aware that most interested parties agree with ACF and FRA that a retrofit program is the best course of action. Through meetings with, primarily, small fleet owners, FRA has learned that many car owners have completed, or are making substantial progress on, their ACF-200 tank car retrofit programs. FRA recognizes the importance of good engineering practice and sill design in conjunction with a reliable maintenance plan. For ACF-200 tank cars, FRA agrees with ACF that the program established by Maintenance Bulletin TC-200, augmented by the P470 Angle Application, represents good engineering practice and a material safety enhancement. This Safety Advisory recommends that owners of unmodified ACF-200 tank cars bring these cars into conformity with Maintenance Bulletin TC-200 and the P470 Angle Application at the earliest practicable date. *Recommended Action:* Based on the need to achieve the maximum level of safety possible in the railroad tank car transportation industry and to enhance the public's confidence in that level of safety, FRA makes the following recommendations: 1. ACF-200 tank car owners should enter into discussions with the car builder and decide the best course of action with regard to inspection of and modifications to tank cars built with the ACF-200 stub sill design and not yet retrofitted to the ACF-270 design. Copies of the ACF Maintenance Bulletin TC-200 and the P470 Angle Application are available from—Director of Customer Service, American Railcar Industries, 100 Clark Street, St. Charles, MO 63301-2075. *http://www.americanrailcar.com.* 2. ACF-200 tank car owners should modify ACF-200 tank cars to the ACF-270 design at the earliest of any of the following events: • A tank car is due for re-qualification under 49 CFR 180.509; • A tank car is recalled under an AAR Maintenance Advisory requiring modification in the draft sill area; • A tank car has been in service for 150,000 miles; or • A tank car requires general repairs and the repairs consume (or are expected to consume) at least 36 hours. 3. First priority in modifying unretrofitted ACF-200 tank cars to the ACF-270 design should go to cars in the general service fleet and, then, to the pressure car fleet. FRA policy is that the owner of the car's reporting marks is the owner of the car and primarily responsible for maintaining the car in a safe and compliant condition. However, for purposes of this Safety Advisory, FRA would expect cooperation from the entity who controls the usage of the car in day to day operations, from the lessee/shipper, and from the title holder of the car. Although FRA does not see the need for further regulatory or enforcement action at this time, FRA will continue to monitor the status of ACF-200 tank cars in the hazardous materials industry and will take any necessary regulatory or enforcement action to ensure the highest level of safety on the nation's railroads. Issued in Washington, DC, on May 2, 2006. Jo Strang, Associate Administrator for Safety. [FR Doc. E6-6873 Filed 5-4-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Maritime Administration [USCG-2006-24644] TORP Terminal LP, Bienville Offshore Energy Terminal Liquefied Natural Gas Deepwater Port License Application AGENCY: Maritime Administration, DOT. ACTION: Notice of application. SUMMARY: The Coast Guard and the Maritime Administration (MARAD) announce that they have received an application for the licensing of a natural gas deepwater port, and that the application appears to contain the required information. This notice summarizes the applicant's plans and the procedures that will be followed in considering the application. DATES: The Deepwater Port Act of 1974, as amended, requires any public hearing on this application to be held not later than 240 days after this notice, and requires a decision on the application to be made not later than 90 days after the final public hearing. ADDRESSES: The public docket for USCG-2006-24644 is maintained by the: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. Docket contents are available for public inspection and copying, at this address, in room PL-401, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Facility's telephone is 202-366-9329, its fax is 202-493-2251, and its Web site for electronic submissions or for electronic access to docket contents is *http://dms.dot.gov* . Note that all comments received will be posted without change to *http://dms.dot.gov* including any personal information provided. Please see the Privacy Act heading below. FOR FURTHER INFORMATION CONTACT: Mary K. Jager, U.S. Coast Guard, telephone: 202-267-6084, e-mail: *mjager@comdt.uscg.mil* . If you have questions on viewing the docket, call Andrea M. Jenkins, Program Manager, Docket Operations, telephone: 202-366-0271. SUPPLEMENTARY INFORMATION: Receipt of Application On January 12, 2006, the Coast Guard and MARAD received an application from TORP Terminal LP, 15995 North Barkers Landing, Suite 310, Houston, Texas 77079 for all Federal authorizations required for a license to own, construct, and operate a deepwater port governed by the Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501 et seq. (the Act). On May 1, 2006, we determined that the application appears to contain all information required by the Act. Background According to the Act, a deepwater port is a fixed or floating manmade structure other than a vessel, or a group of structures, located beyond State seaward boundaries and used or intended for use as a port or terminal for the transportation, storage, and further handling of oil or natural gas for transportation to any State. A deepwater port must be licensed by the Maritime Administrator (by delegated authority of the Secretary of Transportation, published on June 18, 2003 (68 FR 36496)). Statutory and regulatory requirements for licensing appear in 33 U.S.C. 1501 *et seq.* and in 33 CFR part 148. Under delegations from and agreements between the Secretary of Transportation and the Secretary of Homeland Security, applications are processed by the Coast Guard and MARAD. Each application is considered on its merits. The Act provides strict deadlines for processing an application. Once we determine that an application contains the required information, we must hold public hearings on the application within 240 days, and the Maritime Administrator must render a decision on the application within 330 days. We will publish additional **Federal Register** notices to inform you of these public hearings and other procedural milestones, including environmental review. The Maritime Administrator's decision, and other key documents, will be filed in the public docket. At least one public hearing must take place in each adjacent coastal State. For purposes of the Act, Alabama is the adjacent coastal State for this application. Other States can apply for adjacent coastal State status in accordance with 33 U.S.C. 1508 (a)(2). Summary of the Application TORP Terminal LP, proposes to construct, own, and operate a deepwater port, named Bienville Offshore Energy Terminal (BOET), in the Federal waters of the Outer Continental Shelf on Main Pass block MP 258, approximately 63 miles south of Mobile Point, Alabama, in a water depth of approximately 425 feet. The BOET Deepwater Port would be capable of mooring two LNG carriers of up to approximately 250,000 cubic meter capacity by means of two Single Anchor Leg Moorings (SALMs). The LNG carriers would be off loaded one at a time to HiLoad floating re-gasification facilities, which use four submerged shell-and-tube heat exchangers to vaporize the LNG before sending it via 14-inch diameter flexible risers to a Pipeline End Manifold

(PLEM)on the seafloor, then through 30-inch diameter pipeline to the support platform, where the gas will be metered and further sent out via interconnecting pipelines to four existing pipelines (Dauphin Island Gathering System Feedline, Transco Feedline, Destin Feedline, and Viosca Knoll Gathering System Feedline). The major fixed components of the proposed deepwater port would be the Support Platform, two PLEMs with ancillary risers and terminal pipelines, HiLoad parking line pilings, and approximately 25 miles of new pipeline. BOET will have an average throughput capacity of 1.2 billion standard cubic feet per day (Bcsfd). No onshore pipelines or LNG storage facilities are associated with the proposed deepwater port application. A shore based facility will be used to facilitate movement of personnel, equipment, supplies, and disposable materials between the Terminal and shore. Construction of the deepwater port would be expected to take 30 months; with startup of commercial operations in the latter half of 2009, should a license be issued. The deepwater port would be designed, constructed and operated in accordance with applicable codes and standards and would have an expected operating life of approximately 25 years. Privacy Act Anyone is able to search the electronic form of all 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) or you may visit *http://dms.dot.gov.* (Authority: 49 CFR 1.66) By Order of the Maritime Administrator. Dated: May 1, 2006. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6-6789 Filed 5-4-06; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2006-24668] Notice of Technical Workshop and Seminar—Tuesday, July 11, 2006 AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of meeting. SUMMARY: This notice announces that NHTSA will hold a technical workshop to present information and answer questions on the Office of Vehicle Safety Compliance

(OVSC)Laboratory Test Procedure

(TP)for the agency's safety standard on new pneumatic radial tires for use on motor vehicles (other than motorcycles and low speed vehicles) that have a gross vehicle weight rating

(GVWR)of 10,000 pounds or less. The one-day technical workshop will be limited to discussing the TP, and will include a tour of a local compliance test laboratory and a working lunch. Tire manufacturers, tire importers, vehicle manufacturers, tire suppliers, tire testers, and other interested persons with technical interest and knowledge of light vehicle tire compliance testing are invited to attend. Attendance requires registration and a small fee. Dates and Time: The technical workshop and tour will be held on July 11, 2006 from 8:30 a.m. to 5 p.m. ADDRESSES: The technical workshop will be held at the Sheraton Suites Akron/Cuyahoga Falls, 1989 Front Street, Cuyahoga Falls, OH 44221. FOR FURTHER INFORMATION CONTACT: For registration, contact Ms. Lorri Hamn, Office of Vehicle Safety Compliance, NVS-222, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590, telephone

(202)366-9896, facsimile

(202)493-2266, or electronic mail *lorri.hamn@nhtsa.dot.gov.* For technical issues, contact Mr. George Gillespie, at the same address, telephone

(202)366-5299, facsimile

(202)366-7097, or electronic mail *george.gillespie@nhtsa.dot.gov.* SUPPLEMENTARY INFORMATION: *FMVSS No. 139:* On January 6, 2006, NHTSA published a final rule (70 FR 18136) responding to petitions for reconsideration of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, *New pneumatic radial tires for light vehicles.* The final rule applies to new pneumatic radial tires manufactured for use on motor vehicles that have a gross vehicle weight rating

(GVWR)of 10,000 pounds or less manufactured after 1975, but does not apply to tires for use on new pneumatic light truck tires with a tread depth of 18/32 inch or greater, ST or FI tires, tires that use a 8-12 inch rim or lower diameter code tires, tires for use on low speed vehicles' or for tires used on motorcycles manufactured after 1948. OVSC's test procedures for FMVSS No. 139, TP-139-02, are available on NHTSA's Web site: *http://nhtsa.gov/portal/site/nhtsa/menuitem.b166d5602714f9a73baf3210dba046a0/.* *Workshop:* The technical workshop will discuss the tire marking inspection and performance testing requirements of TP-139-02. *Agenda:* The workshop will begin at 8:30 a.m. and conclude by 5 p.m. The agenda includes a working lunch and a tour at one of the local tire compliance test labs under contract to OVSC. The following is a preliminary agenda for the workshop. I. Background: FMVSS No. 139 and granted Petitions for Reconsideration. II. OVSC Test Procedure TP-139 Purpose and Content. III. Tire Markings. IV. Performance Testing (high speed, endurance and low pressure performance tests). V. Compliance Plans (FY-2006 to FY-2009): Tire Selection, Test Results and Test Reporting. VI. Questions & Answers. Interested parties may submit written suggestions to the agency for inclusion under agenda items or discussion topics, however, these items or topics are limited to inspection of tire markings or dynamic performance testing under TP-139 compliance testing. Copies of all written submissions and the final agenda will be placed in the docket for this notice. *Tour:* NHTSA will conduct tours of its contractor's facilities. An attendee will be able to tour either Standards Testing Labs in Massillon, Ohio or Smithers Scientific Services in Ravenna, Ohio, but not both. NHTSA will assign each registered attendee to a specific tour; subject matter and information will be identical at both labs and limited to highlighting testing under TP-139. Each attendee should notify NHTSA during registration of their preference to use NHTSA transportation or to provide his or her own. *Sheraton Suites Akron/Cuyahoga Falls:* The phone number for Sheraton Suites Akron/Cuyahoga Falls is 330-929-3000. Directions to the meeting location and a final agenda will be sent to each participant who has registered. If any attendee chooses to stay at the Sheraton Suites Akron/Cuyahoga Falls, a limited number of rooms are available at a discounted rate under the name “U.S. Department of Transportation” or “NHTSA Workshop;” there will be rooms available under this block until June 10, 2006. *Submission of Agenda Items:* You may submit agenda items or comments identified by DOT DMS Docket Number NHTSA 2006-24668 by any of the following methods: • Web site: *http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1-202-493-2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Federal eRulemaking Portal: Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Instructions:* All submissions must include the agency name and docket number for this technical workshop notice. Note that all comments received will be posted without change to *http://dms.dot.gov* , including any personal information provided. *Docket:* For access to the docket to read comments received, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *To Register for This Workshop:* Each person wishing to participate in the workshop must register with NHTSA by June 2, 2006. You can register by contacting Ms. Lorri Hamn on or before June 2, 2006; Ms. Hamn's contact information is listed above. To register, you must provide NHTSA with the name, title, organizational affiliation, contact information (mailing address, phone numbers (voice and fax), and email address), and a registration fee of $25.00 in check form payable to “Sheraton Suites Akron/Cuyahoga Falls” with the attendee's name on the check. Due to space restrictions, the number of attendees is limited to eight persons per company, however, after registration is completed, this limitation may be relaxed depending on space available. You will be contacted only if this meeting is postponed or canceled. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E6-6790 Filed 5-4-06; 8:45 am] BILLING CODE 4910-59-P 71 87 Friday, May 5, 2006 Presidential Documents Title 3— The President Presidential Determination No. 2006-12 of April 13, 2006 Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization

(PLO)Office Memorandum for the Secretary of State Pursuant to the authority and conditions contained in section 534(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006, Public Law 109-102, I hereby determine and certify that it is important to the national security interests of the United States to waive the provisions of section 1003 of the Anti-Terrorism Act of 1987, Public Law 100-204. This waiver shall be effective for a period of 6 months from the date hereof. You are hereby authorized and directed to transmit this determination to the Congress and to publish it in the **Federal Register** . B THE WHITE HOUSE, Washington, April 13, 2006. [FR Doc. 06-4290 Filed 5-4-06; 8:45 am]

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