Notices. Notice

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BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Annual Materials Report on New Bridge Construction and Bridge Rehabilitation AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice. SUMMARY: Section 1114 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59; 119 Stat. 1144) continued the highway bridge program to enable States to improve the condition of their highway bridges over waterways, other topographical barriers, other highways, and railroads.

Section 1114(f) amends 23 U.S.C. 144 by adding subsection (r), requiring the Secretary of Transportation (Secretary) to publish in the **Federal Register** a report describing construction materials used in new Federal-aid bridge construction and bridge rehabilitation projects. DATES: The report will be posted on the FHWA Web site no later than August 10, 2007. ADDRESSES: The report will be posted on the FHWA Web site at: *http://www.fhwa.dot.gov/bridge/britab.htm.* FOR FURTHER INFORMATION CONTACT:

Ms. Ann Shemaka, Office of Bridge Technology, HIBT-30,

(202)366-1575, or Mr. Thomas Everett, Office of Bridge Technology, HIBT-30,

(202)366-4675, Federal Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: In conformance with 23 U.S.C. 144(r), the FHWA has produced a report that summarizes the types of construction materials used in new bridge construction and bridge rehabilitation projects. Data on Federal-aid and non-Federal-aid highway bridges are included in the report for completeness. The December 2006 National Bridge Inventory

(NBI)dataset was used to identify the material types for bridges that were new or replaced within the defined time period. The FHWA's Financial Management Information System

(FMIS)and the 2006 NBI were used to identify the material types for bridges that were rehabilitated within the defined time period. Currently preventative maintenance projects are included in the rehabilitation totals. The report, which is available at *http://www.fhwa.dot.gov/bridge/britab.htm,* consists of the following tables: • Construction Materials for New and Replaced Bridges, a summary report which includes Federal-aid highways and non-Federal-aid highways built in 2004 and 2005. • Construction Materials for Rehabilitated Bridges, a summary report which includes Federal-aid and non-Federal-aid highways rehabilitated in 2004 and 2005. • Construction Materials for Combined New, Replaced and Rehabilitated Bridges, a summary report which combines the first two tables cited above. • Federal-aid Highways: Construction Materials for New and Replaced Bridges 2004, a detailed State-by-State report with counts and areas for Federal-aid bridges built or replaced in 2004. • Non-Federal-aid Highways: Construction Materials for New and Replaced Bridges 2004, a detailed State-by-State report with counts and areas for non-Federal-aid bridges built or replaced in 2004. • Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2004, a detailed State-by-State report with counts and areas for rehabilitated Federal-aid bridges in 2004. • Non-Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2004, a detailed State-by-State report with counts and areas for rehabilitated non-Federal-aid bridges in 2004. • Federal-aid Highways: Construction Materials for New and Replaced Bridges 2005, a detailed State-by-State report with counts and areas for Federal-aid bridges built or replaced in 2005. • Non-Federal-Aid Highways: Construction Materials for New and Replaced Bridges 2005, a detailed State-by-State report with counts and areas for non-Federal-aid bridges built or replaced in 2005. • Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2005, a detailed State-by-State report with counts and areas for rehabilitated Federal-aid bridges 2005. • Non-Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2005, a detailed State-by-State report with counts and areas for rehabilitated non-Federal-aid bridges types in 2005. • Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2004, which combines the 2004 reports on new, replaced and rehabilitated Federal-aid bridges. • Non-Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2004, which combines the 2004 reports on new, replaced and rehabilitated non-Federal-aid bridges. • Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2005, which combines the 2005 reports on new, replaced and rehabilitated Federal-aid bridges. • Non-Federal-aid Highways: Construction Materials for New Replaced and Rehabilitated Bridges 2005, which combines the 2005 reports on new, replaced and rehabilitated non-Federal-aid bridges. The tables provide data for 2 years: 2004 and 2005. The 2004 data is considered complete for new and rehabilitated bridges, with a minimal likelihood of upward changes in the totals. The 2005 data is considered partially complete for new bridges and complete for rehabilitated bridges, because many new bridges built in 2005 will not appear in the NBI until they are placed into service the following year. Therefore, next year's report will include 2005's data on new bridge construction, because the data will be complete. Each table displays simple counts of bridges and total bridge deck area. Total bridge deck area is measured in square meters, by multiplying the bridge length by the deck width out-to-out. The data is categorized by the following material types, which are identified in the NBI: Steel, concrete, pre-stressed concrete and other. The category “Other” includes wood, timber, masonry, aluminum, wrought iron, cast iron and other. Material type is the predominate type for the main span(s). (Authority: 23 U.S.C. 144(r); Sec. 1114(f), Pub. L. 109-59, 119 Stat. 1144.) Issued on: August 23, 2007. J. Richard Capka, Federal Highway Administrator. [FR Doc. E7-17629 Filed 9-5-07; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-29048] Random Alcohol and Controlled Substance Testing: Bordentown Driver Training School, L.L.C., Doing Business as Smith & Solomon Driver Training; Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. SUMMARY: The FMCSA announces that it has received an application from Bordentown Driver Training, L.L.C., doing business as Smith & Solomon Driver Training (Smith & Solomon), seeking an exemption from the random controlled substances and alcohol testing regulations for student drivers enrolled in its commercial motor vehicle driver training program. Under the exemption, Smith & Solomon's student drivers would not be required to undergo random controlled substances and alcohol testing while enrolled in its 4-week driver-training program. The FMCSA requests public comment on Smith & Solomon's application for exemption. DATES: Comments must be received on or before October 9, 2007. ADDRESSES: You may submit comments identified by DOT DMS Docket No. FMCSA-2007-29048 using any of the following methods: • *Web Site:* Go to *http://dmses.dot.gov/submit.* 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, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590. • *Hand Delivery:* Room W12-140, Ground Floor of West Building, 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. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or Room W12-140, Ground Floor of West Building, 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. 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. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations: Telephone: 202-366-4235. E-mail: *MCPSD@dot.gov.* SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from the motor carrier safety regulations. On August 20, 2004, FMCSA published a final rule (69 FR 51589) on section 4007. Under the regulations, FMCSA must publish a notice of each exemption request in the **Federal Register** (49 CFR 381.315(a)). The FMCSA must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted, and it must provide an opportunity for public comment on the request. The FMCSA reviews the safety analyses and the public comments and determines whether granting the exemption would achieve a level of safety equivalent to or greater than the level that would be achieved absent the exemption (49 CFR 381.305). The FMCSA's decision must be published in the **Federal Register** (49 CFR 381.315(b)). If FMCSA denies the request, it must state the reason for doing so. If FMCSA grants the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which exemption is being granted. The notice must also specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Request for Exemption Smith & Solomon is requesting a 2-year exemption from 49 CFR 382.305, “Random testing,” which provides in part that:

(a)Every employer shall comply with the requirements of this section. Every driver shall submit to random alcohol and controlled substance testing as required in this section * * * Smith & Solomon is a corporate entity providing commercial driver training in classrooms and “behind the wheel” to students who enroll in its 4-week program. A copy of the course curriculum and requirements for the Smith & Solomon driver training program is included in the docket for this notice. Smith & Solomon employs administrative and office staff and certified and licensed driver instructor personnel to conduct the functions of its commercial driver-training school. Driver-instructors and any other person assigned to operate a commercial motor vehicle

(CMV)are subject to, and comply with, all alcohol and controlled substance testing required by the Federal Motor Carrier Safety Regulations. Students are subject to pre-enrollment, reasonable suspicion, and post-accident alcohol and controlled substance testing. According to Smith & Solomon's application, student drivers undergo controlled substance testing before enrollment, and no student is permitted in a CMV until Smith & Solomon's Director of Safety receives a negative alcohol and controlled substance test. Also, student drivers are not allowed to operate CMVs if Smith & Solomon's instructors have reasonable suspicion of alcohol or controlled substance use. Smith & Solomon seeks an exemption from the requirements of the random controlled substances and alcohol testing program (49 CFR 382.305) for its student drivers because all student drivers undergo controlled substance testing before enrollment. Additionally, Smith & Solomon advises that student enrollments only last for a period of 4 to 6 weeks, and the student drivers are subject to reasonable-suspicion and post-accident alcohol and controlled substance testing. Smith & Solomon adds that during the length of their enrollment, students only spend an average of 30 hours behind the wheel of a CMV starting in the third week of the enrollment period, always with a Smith & Solomon certified and licensed employee driver-instructor, and the remainder of time is spent by the student in the classroom and in the practice yard. Smith & Solomon advises that its student driver enrollment varies every 4 weeks, and students do not always stay enrolled throughout the 4-week course. As an example, Smith & Solomon states that during the period January 2007 through May 2007, 112 students were selected for random alcohol and controlled substance testing, but only 90 students were tested because 22 were no longer enrolled in the student driver program. During the course of a calendar year, approximately 185 students, or 7 percent of students enrolled in a program, do not complete the course and therefore cannot be tested. Smith & Solomon advises that random alcohol and controlled substance testing of driver-students enrolled in driver training program results in substantial cost to the company. Smith & Solomon requests that the exemption should be granted because:

(A)Administering a random controlled substances and alcohol testing program to a student population that changes every 4 weeks makes regulatory compliance very difficult and financially burdensome to achieve, without any additional benefit to the public safety; and

(B)Its program of requiring pre-enrollment, reasonable suspicion and post-accident alcohol and controlled substance testing to students who only train behind the wheel of a commercial motor vehicle, always with certified and licensed employee driver instructors, for approximately 30 hours during the enrollment period, adequately protects the public safety. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment on Smith & Solomon's application for exemption from 49 CFR 382.305. The FMCSA will consider all comments received by close of business on October 9, 2007. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The FMCSA will file comments received after the comment closing date in the public docket and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file in the public docket relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: August 29, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7-17550 Filed 9-5-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No: FTA-2007-29075] National Transit Database: Rural Reporting Manual AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of Availability of National Transit Database Rural Reporting Manual. SUMMARY: This notice provides interested parties with the opportunity to comment on the Federal Transit Administration's

(FTA)National Transit Database

(NTD)Rural Reporting Manual (Rural Manual). Pursuant to 49 U.S.C. 5335, FTA requires recipients of grants under 49 U.S.C. 5311 (Other Than Urbanized Area Formula Grants) to provide an annual report to the Secretary of Transportation via the NTD reporting system according to a uniform system of accounts (USOA). 49 U.S.C. 5311 provides additional specifications for annual reporting from recipients of Section 5311 grants. The Rural Manual provides complete details as to FTA's implementation of these annual requirements through reporting to the Rural NTD Module. In accordance with 49 U.S.C. 5334, and in an ongoing effort to be responsive to the needs of NTD reporters, the Rural Manual is available in the DOT docket for public comment. DATES: Comments must be received on or before October 9, 2007. FTA will consider late filed comments to the extent practicable. ADDRESSES: You may submit comments at the following Web site: *http://dms.dot.gov.* Follow the instructions there for submitting comments to the DOT electronic docket. *Fax:* 202-493-2251. *Mail:* Docket Management System; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. *Hand Delivery:* To the Docket Management System; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. *Instructions:* When submitting comments electronically to the Department's Docket Management System

(DMS)Web site located at *http://dms.dot.gov* , you must use docket number FTA-2007-29075. This will ensure that your comment is placed in the correct docket. If you submit comments by mail, you should submit two copies and include the above docket number. Note that all comments received will be posted, without change, to *http://dms.dot.gov* including any personal identifying information. This means that if your comment includes any personal identifying information, such information will be made available to users of DMS. You may review the Department's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http:// dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: For program issues, John D. Giorgis, Office of Budget and Policy,

(202)366-5430 (telephone);

(202)366-7989 (fax); or *john.giorgis@dot.gov* (e-mail). For legal issues, Richard Wong, Office of the Chief Counsel,

(202)366-0675 (telephone);

(202)366-3809 (fax); or *richard.wong@dot.gov* (e-mail). SUPPLEMENTARY INFORMATION: The National Transit Database

(NTD)is the Federal Transit Administration's (FTA's) primary database for statistics on the transit industry. Recipients of grants under 49 U.S.C. 5307 (Urbanized Area Formula Grants) or under 49 U.S.C. 5311 (Other Than Urbanized Area Formula Grants) are required by statute to submit data to the NTD. These data are used to “help meet the needs of * * * the public for information on which to base public transportation service planning * * *” (49 U.S.C 5335). The statute further specifies that recipients of grants under 49 U.S.C. 5311 are required to submit an annual report “containing information on capital investment, operations, and service provided with funds received. * * * . including,

(A)total annual revenue;

(B)sources of revenue;

(C)total annual operating costs;

(D)total annual capital costs;

(E)fleet size and type, and related facilities;

(F)revenue vehicle miles; and

(G)ridership.” (49 U.S.C. 5311) The National Transit Database Rural Reporting Manual (Rural Manual) provides complete details as to FTA's implementation of these annual requirements for recipients of grants under 49 U.S.C. 5311 through reporting to the Rural NTD Module. Currently, over 650 transit agencies in urbanized areas already report to the NTD through an Internet-based reporting system. Pursuant to 49 U.S.C. 5335, FTA is expanding NTD reporting to include recipients of grants under 49 U.S.C. 5311 (Other Than Urbanized Area Formula Grants.) Recipients of these grants include the 50 States, Puerto Rico, American Samoa, Guam, and the Northern Marianas. (By statute, the Virgin Islands are considered to be an urbanized area for purposes of FTA grant-making.) Additionally, a number of Indian Tribes are also direct recipients of grants under 49 U.S.C. 5311. In addition to fulfilling a statutory requirement, this data will be used in the annual National Transit Summaries and Trends report, the biennial Conditions and Performance Report to Congress, and in meeting FTA's obligations under the Government Performance and Results Act. This notice provides interested parties with the opportunity to comment on FTA's Rural Manual. The Rural Manual is available in the DOT Docket FTA-2007-29075 and may also be reviewed on the NTD Web site, *http://www.ntdprogram.gov.* Issued in Washington, DC, this 29th day of August 2007. James S. Simpson, Administrator. [FR Doc. E7-17549 Filed 9-5-07; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No: FTA-2007-28960] National Transit Database: Amendments to Urbanized Area Annual Reporting Manual AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of Availability of Proposed Amendments to the 2007 National Transit Database Urbanized Area Annual Reporting Manual. SUMMARY: This notice provides interested parties with the opportunity to comment on changes to the Federal Transit Administration's

(FTA)2007 National Transit Database

(NTD)Urbanized Area Annual Reporting Manual (Annual Manual). Pursuant to 49 U.S.C. 5335, FTA requires recipients of FTA Urbanized Area Formula Grants to provide an annual report to the Secretary of Transportation via the NTD reporting system according to a uniform system of accounts (USOA). In an ongoing effort to improve the NTD reporting system and be responsive to the needs of the transit agencies reporting to the NTD, FTA annually refines and clarifies the reporting requirements through revisions to the Annual Manual. At this time, FTA is not accepting comments on the NTD Rural Reporting Manual. Comments will be accepted by FTA on the NTD Rural Reporting Manual under a separate **Federal Register** Notice, which will be forthcoming. DATES: Comments must be received on or before October 9, 2007. FTA will consider late filed comments to the extent practicable. ADDRESSES: You may submit comments at the following Web site: *http://dms.dot.gov.* Follow the instructions there for submitting comments to the DOT electronic docket. *Fax:* 202-493-2251. *Mail:* Docket Management System; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. *Hand Delivery:* To the Docket Management System; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. *Instructions:* When submitting comments electronically to the Department's Docket Management System

(DMS)Web site located at *http://dms.dot.gov,* you must use docket number FTA-2007-28960. This will ensure that your comment is placed in the correct docket. If you submit comments by mail, you should submit two copies and include the above docket number. Note that all comments received will be posted, without change, to *http://dms.dot.gov* including any personal identifying information. This means that if your comment includes any personal identifying information, such information will be made available to users of DMS. You may review the Department's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: For program issues, John D. Giorgis, Office of Budget and Policy,

(202)366-5430 (telephone);

(202)366-7989 (fax); or *john.giorgis@dot.gov* (e-mail). For legal issues, Richard Wong, Office of the Chief Counsel,

(202)366-0675 (telephone);

(202)366-3809 (fax); or *richard.wong@dot.gov* (e-mail). SUPPLEMENTARY INFORMATION: I. Background The National Transit Database

(NTD)is the Federal Transit Administration's (FTA's) primary database for statistics on the transit industry. Recipients of FTA's Urbanized Area Formula Program (section 5307) and Other Than Urbanized Area Formula Program (section 5311) are required by statute to submit data to the NTD. These data are used to “help meet the needs of * * * the public for information on which to base public transportation service planning * * * ” (49 U.S.C. 5335). Currently, over 650 transit agencies in urbanized areas report to the NTD through an Internet-based reporting system. Each year, performance data from these submissions are used to apportion over $4 billion of FTA funds under the Urbanized Area Formula Grants Program. These data are also used in the annual National Transit Summaries and Trends report, the biennial Conditions and Performance Report to Congress, and in meeting FTA's obligations under the Government Performance and Results Act. In an ongoing effort to improve the NTD Internet reporting system and to be responsive to the needs of the transit agencies reporting to the NTD and the transit community, FTA annually refines and clarifies reporting requirements to the NTD. This notice provides interested parties with the opportunity to comment on changes to FTA's 2007 Urbanized Area Annual NTD Module Reporting Manual (Annual Manual). For purposes of comparison, the 2006 Urbanized Area Annual NTD Module Reporting Manual can be reviewed on the NTD Web site, *http://www.ntdprogram.gov.* II. Proposed Changes in the 2007 Annual Manual Basic Information Module FTA proposes two changes to the Basic Information Form (B-10). First, for the 2007 reporting cycle, FTA proposes to require purchasers of transportation services from private providers to report all the data for these services in the purchaser's NTD submission. Previously, the sellers of purchased transportation services could report separately in some cases. This change will unify all data for a given transit agency into a single report. Second, for purchased transportation services between two public NTD reporting agencies, FTA proposes to require the service to be reported as directly operated service. Either the public transit agency that is buying the service or the public transit agency that is selling the service may choose to report the service, by mutual agreement of the parties, but the service must be reported as directly operated service. This change is being made because the purpose of collecting separate data for directly operated and purchased transportation services is to allow an assessment of the costs and benefits to public transportation agencies in using private companies as providers for public transportation services in their operations. Including some public transportation agencies as providers of purchased transportation services, however, confuses this purpose. FTA notes that the apportionment of section 5307 funds is based on the urbanized area where the service is provided, and is therefore not affected by which agency reports the service. Peak Service Data FTA proposes to require rail transit agencies to report Average Weekday Unlinked Passenger Trips and Actual Passenger Car Revenue Miles by four time categories: Weekday AM Peak, Weekday Midday, Weekday PM Peak and Weekday Other. Previously, FTA only required rail transit agencies to report Average Weekday Unlinked Passenger Trips and Actual Passenger Car Revenue Miles without distinction as to time of day. This data requirement is being added to support the biannual Conditions and Performance Report (C&P Report), which is jointly prepared by FTA and the Federal Highway Administration (FHWA). The C&P Report requires FTA to provide estimates to Congress of the Nation's transit physical conditions, operational performance, and future investment needs. FTA currently measures the capacity utilization of transit rail systems based on the capacity utilization of the system as a whole at all times of the day and during all days of the week, without regard to peak ridership demands. As a result, FTA may be understating the current capacity utilization of transit rail systems, and thus underestimating the Nation's future investment needs for rail transit. FTA plans to use rail transit agencies' average passenger trip length in conjunction with this data to compare peak passenger miles with peak vehicle revenue miles to determine peak capacity utilization. By collecting and analyzing this peak data, FTA plans to determine if there is greater need for additional rail transit capacity than previously realized. Federal Funding Allocation FTA proposes to require those few transit agencies that service one urbanized area over 200,000 in population (large urbanized area) and two or more urbanized areas under 200,000 in population (small urbanized areas) to separately allocate their operations, operational expense, and fixed guideway data among each of the urbanized areas under 200,000 in population that it serves. Previously, the NTD only accounted for a transit agency servicing one large urbanized area and one small urbanized area. It did not account for a transit agency servicing one large urbanized area and two small urbanized areas. This change will address that oversight, and provide data that can be used for the apportionment of Small Transit Intensive Cities

(STIC)Grants, as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Financial Module FTA proposes to require transit agencies to separate funds that were previously reported as “Other FTA Funds” into different categories for each FTA program. Previously, the NTD required FTA funds only to be reported as either Urbanized Area Formula Funds (section 5307), Capital Program Funds (section 5309), or as Other FTA Funds. The additional categories being proposed by FTA are: • FTA Metropolitan Planning (section 5303); • Clean Fuels Program (section 5309); • Special Needs of Elderly Individuals and Individuals with Disabilities Formula Program (section 5310); • Other Than Urbanized Area Formula Program (section 5311); • Jobs Access and Reverse Commute Formula Program (section 5316); • New Freedom Program (section 5317); and • Alternative Transportation in Parks and Public Lands (section 5320). This requirement is designed to improve the NTD's usefulness as a source of information for public transportation planning purposes by providing greater detail as to the sources of funds that are available to transit agencies. Additionally, this requirement is designed to support measurement of performance for the various FTA grant-making programs. Declarations FTA proposes to create a standard form for submitting the Chief Executive Officer's

(CEO)certification. Previously, CEOs submitted a letter to the NTD as their certification. In prior report years, many transit agencies have submitted CEO certifications that did not conform to all of the requirements for certification. By creating a standard form, FTA seeks to ensure the uniformity of CEO certifications, and to simplify the CEO certification process for reporters. Sampling Requirement FTA proposes, beginning in 2008, to require all transit agencies to conduct a statistical sample of average trip lengths (used for calculating passenger miles traveled) every three years, unless they are a large transit agency that is already required to sample every year. Previously, FTA only required some agencies to sample every five years. FTA proposes to require transit agencies that previously sampled only once every five years to now sample every three years in order to ensure the accuracy of passenger mile data used in the apportionment of funds, particularly in regard to the Small Transit-Intensive Cities

(STIC)apportionment. Further, by moving most transit agencies to a single cycle for mandatory sampling, FTA will reduce confusion in regards to sampling requirements. FTA notes that 2008 was already going to be a mandatory sampling year for all transit agencies on both the three year cycle and the five year cycle. Issued in Washington, DC, this 29th day of August 2007. James S. Simpson, Administrator. [FR Doc. E7-17564 Filed 9-5-07; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-2007-29133; Notice No. 07-08] Safety Advisory Guidance: Use of Mobile Acetylene Trailers AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA). ACTION: Safety advisory notice; request for comments. SUMMARY: This safety advisory is addressed to persons involved in the use, operation, fabrication, or other handling of mobile acetylene trailers. In this notice, we discuss recent acetylene incidents, requirements in the Hazardous Materials Regulations, national consensus standards issued by the Compressed Gas Association and National Fire Protection Association, operating procedures, fire mitigation and detection systems, and training of persons who operate, charge, and discharge mobile acetylene trailer systems. We urge companies and workers to review their operating practices to ensure that filling and discharge operations are conducted in the safest possible manner. In addition, we are requesting information on the effectiveness of current DOT regulations and industry best practices, as well as suggestions for enhancing the safety of these operations. DATES: Submit comments by November 5, 2007. ADDRESSES: You may submit comments identified by the docket number (PHMSA-2007-29133) by any of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *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 Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue, 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 and docket number (PHMSA-2007-29133) for this notice at the beginning of your comment. Internet users may access comments received by the Department of Transportation at *http://dms.dot.gov.* Note that comments received may be posted without change to *http://dms.dot.gov* including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ben Supko, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration,

(202)366-8553, or Charles Hochman, Director, Office of Hazardous Materials Technology, Pipeline and Hazardous Materials Safety Administration,

(202)355-4545. SUPPLEMENTARY INFORMATION: I. Background Acetylene is a highly flammable gas that requires special packaging and handling procedures to be transported safely. Acetylene is regulated as a Division 2.1 flammable gas under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) and is subject to stringent packaging and handling requirements. Acetylene is filled and transported in cylinders containing a porous mass and solvent; transportation in bulk containers is prohibited. In place of bulk packaging, mobile acetylene trailers

(MATs)are used to transport large quantities of acetylene. The Compressed Gas Association

(CGA)defines a MAT as a group of cylinders, secured together as a unit, mounted on an open transport vehicle, and manifolded for containing and transporting acetylene. On July 25, 2007, shortly after 9 am, at a Southwest Industrial Gases facility in Dallas, Texas, a MAT delivered by Western International Gas and Cylinders Inc. caught fire while the trailer was being prepared to discharge acetylene to the facility. The origin of the fire has not been identified. Witness reports state that a small fire began at the rear of the trailer and then spread to cylinders in the facility. The fire burned for more than an hour and ruptured a number of cylinders with explosive effects. Three people were injured. The fire caused the closure of local streets and Interstates 30 and 35E for much of the day and destroyed four trailers at the Southwest Industrial Gases facility. Both the Chemical Safety Board

(CSB)and National Transportation Safety Board

(NTSB)are investigating the incident; PHMSA is assisting with the investigations. On August 7, 2007, just north of Houston, Texas, outside of the Hughes Christensen Co., a fire started on a MAT delivered by Western International Gas and Cylinders, Inc. None of the cylinders ruptured, and firefighters were able to douse the acetylene cylinders with water and keep the fire confined to the trailer. No one was hurt, but 800 employees were evacuated. NTSB and CSB are also investigating this incident; PHMSA is participating in the investigations. II. PHMSA Regulations The HMR specify requirements for the safe transportation of hazardous materials in commerce by rail car, aircraft, vessel, and motor vehicle. The hazardous material regulatory system is a risk management system that is prevention-oriented and focused on identifying a safety or security hazard and reducing the probability of and consequence from a hazardous material release. Under the HMR, hazardous materials are categorized into hazard classes and packing groups based upon the risks they present during transportation. The HMR specify appropriate packaging and handling requirements for hazardous materials, and require a shipper to communicate the material's hazards through use of shipping papers, package marking and labeling, and vehicle placarding. The HMR also require shippers to provide emergency response information applicable to the specific hazard or hazards of the material being transported. Finally, the HMR mandate training requirements for persons who prepare hazardous materials for shipment or who transport hazardous materials in commerce. The HMR also include operational requirements applicable to each mode of transportation. The HMR apply to each person who offers a hazardous material for transportation in commerce, causes a hazardous material to be transported in commerce, or transports a hazardous material in commerce (see 49 CFR 171.1(b) and (c)). Under the HMR, acetylene is regulated as a Division 2.1 flammable gas. Acetylene is only authorized for transportation in DOT specification 8 or 8AL cylinders or in UN cylinders conforming to ISO 3807-2 (see 49 CFR 173.303). Transportation of acetylene in bulk packagings, such as cargo tanks, portable tanks, or rail tank cars is prohibited. Section 173.301(f) requires cylinders to be equipped with one or more pressure relief devices sized and selected as to type, location, and quantity, and tested in accordance with CGA S-1.1 and S-7. For acetylene, CGA S-1.1 requires DOT 8 or 8AL cylinders to be fitted with a CG-3 fusible plug, which operates at 212°F. The plug must be proven using the fire test method specified in CGA publication C-12. To ensure the stability of the acetylene during transportation, cylinders are constructed with porous filler and are charged with solvent. The porous filler is typically calcium silicate, and the solvent is typically acetone or dimethylformamide. The amount of solvent and porous filler must be closely monitored to prevent overfilling. Sections 178.59(l)(4)(i) and 178.60(p)(4)(i) establish requirements regarding the amount and porosity of the porous filler and maximum amount of solvent authorized based on the water capacity of DOT 8 and 8AL cylinders. The HMR permit acetylene cylinders to be manifolded during transportation (see 49 CFR 173.301(g)(1)(iii)). However, the manifolded cylinders must conform to the following conditions:

(1)Manifolded branch lines must be sufficiently flexible to prevent damage to the valves;

(2)the cylinders must be supported and held together as a unit by structurally adequate means;

(3)each cylinder must be equipped with an individual shutoff valve that is tightly closed in transit and an individual pressure relief device that discharges upward; and

(4)the valves and pressure relief devices must be protected from damage by framing, a cabinet, or other method. The requirements for the transportation of hazardous materials by highway are found in Part 177 of the HMR, including requirements for loading and unloading hazardous materials from highway transport vehicles. When cylinders containing acetylene and other Class 2 gases are transported in commerce, they must be securely restrained in a manner that prevents shifting, overturning, or ejection from the motor vehicle under normal transportation conditions (see 49 CFR 177.840(a)(1)). Normal transportation conditions include vehicle starting, stopping, cornering, accident avoidance, and varied road conditions. We request comments pertaining to the adequacy of current securement requirements for cylinders, including whether existing securement measures would withstand the force of an accident or rollover. Comments should consider the protection from damage afforded to manifolded cylinders by framing, cabinets, or other methods, as required by § 173.301(g)(1)(iii)). Except for cargo tanks and portable tanks, the HMR generally prohibit the discharge or emptying of a package's contents prior to its removal from the motor vehicle (see 49 CFR 177.834(h)). However, this general prohibition does not apply in all circumstances. For example, it has been our longstanding interpretation that the prohibition in § 177.834(h) does not apply to tube trailers, which are 3AX, 3AAX, and 3T cylinders mounted to a transport vehicle, because removing them from the motor vehicle prior to discharging their contents is not practicable. We have long applied the same standard to discharge operations involving manifolded acetylene cylinders that are mounted to a transport vehicle. III. National Consensus Standards Several national consensus standards apply to the generation, storage, movement, and use of acetylene. The standards cover filling and discharge operations for acetylene cylinders and the transportation of such cylinders. Persons involved in these operations should thoroughly review these standards to ensure that they are utilizing appropriate safety practices. Below we list and summarize applicable national consensus standards. A. CGA G-1, Acetylene This standard, developed by the Compressed Gas Association (CGA), provides general information on the characteristics of acetylene and proper handling procedures. The publication begins by describing the manufacturing process, composition, properties, and the physiological effects of acetylene. It continues by detailing the HMR requirements that apply to shipments of acetylene. It describes authorized packaging, valves, pressure relief devices, filling limits, and hazard communication. In addition, it outlines safe methods for storing acetylene cylinders at a fixed facility location and safe methods for handling and using acetylene. The standard concludes by discussing the type of piping that is suitable for acetylene. B. NFPA 51A—Standard for Acetylene Cylinder Charging Plants This standard, published by the National Fire Protection Association (NFPA), establishes safeguards for the design, construction, and installation of acetylene cylinder charging plants. The standard applies to plants that are engaged in the generation and compression of acetylene and charging of cylinders with acetylene. The standard applies to the location, arrangement, construction, design, and development of facilities used in the generation of acetylene and also includes valuable information regarding the charging of manifolded cylinders. In fact, Chapter 10 of the NFPA 51A standard specifically addresses facility-based acetylene cylinder charging manifolds. Though the standard does not provide specific transportation-related information, the safety precautions recommended for facility-based charging stations are very similar to those used to charge MATs, including: • Charging manifolds must have a shutoff and blowdown valve vented outside or to the low pressure system. • A check valve must be installed in the facility pipeline at each cylinder charging manifold and lead. • Pressure gauges must be protected by a device that stops a detonation of flame and limits a rise in pressure. • Manifold outlets must have a shutoff valve. • Manifolds must be arranged to limit stress in the cylinder charging leads. • In order to prevent liquefying of acetylene at low ambient temperatures, specific maximum charging pressures based on ambient air temperature must be followed. • Cylinder valves must be opened first at the start of charging and closed last at the end of charging. • Acetylene cylinders connected to charging manifolds must have provisions for cooling by water spray applied from a manually activated spray nozzle system where needed for removing heat from solution acetylene, as determined by ambient temperature and cylinder charging rate. C. CGA G-1.6, Recommended Practices for Mobile Acetylene Trailer Systems In this publication, CGA provides safe practices for the design, construction, and operation of MATs. The publication also provides recommended safe practices for auxiliary equipment used in conjunction with MATs, including piping, regulators, flash arrestors, and meters. The standard specifically addresses the following areas: 1. *Design and construction (CGA G-1.6, Section 4)* • Trailer must conform to all applicable Federal, state, and local regulations. • A grounding system for the piping that conforms to NFPA 70, National Electrical Code, must be provided to ground the piping system. • Piping must: be carbon steel, stainless steel, wrought iron, malleable iron, or copper alloys containing not more than 65% copper; conform to the American National Standard Institute A13.1, Scheme for Identification of Piping Systems; be braced and supported; and meet the appropriate Schedule based on pressure. • Leads between cylinders and manifolds must be sufficiently long and flexible to minimize strain on valves and leads. • Manifolds must be equipped with a shut-off valve, pressure gauge, and vent. • Vents and pressure relief devices must be directed upwards above the acetylene piping. • Protective equipment must be installed between a MAT and facility piping. • Cylinders must: conform to the HMR; be vertical, supported, and secured; have valves that are capable of being closed in the event of an emergency; have similar functional characteristics, including dimensions, porous mass, solvent, and solvent quantity; and be arranged in aisles to allow access. 2. *Operation (CGA G-1.6 Section 5)* • To be charged, cylinders must conform to applicable HMR requirements. • Cylinders must be marked in accordance with CGA C-7, “Guide to the Preparation of Precautionary Labeling and Marking of Compressed Gas Containers.” • In order to prevent liquefying of acetylene, specific maximum charging pressures based on ambient air temperature must be followed. • During cylinder charging, valves are to be opened first and closed after the pressure between manifolded cylinders equalizes (takes several hours). • Valves must be closed during transportation. • Acetylene pressure must be maintained in leads and manifolds during delivery and return shipments. • Legible instructions must be posted at the discharge location when consumers use any equipment to discharge the acetylene. • The trailer must be chocked or secured to prevent movement during discharge. • During any manual valve operations, or when the trailer is being connected or disconnected, a trained person must be in attendance. • When acetylene is discharged in an enclosure, appropriate venting to the outside must be used. • The flow rate of acetylene for intermittent withdrawal from the trailer must not exceed 10% of the trailer capacity per hour, for continuous withdrawal the flow rate should not exceed 6.6% (1/15) of the trailer capacity per hour. 3. Associated equipment (CGA G-1.6, Section 6) • The trailer discharge station must be in conformance with NFPA 50, “Standard for Bulk Oxygen Systems at Consumer Sites” and be a minimum distance of 50 feet from property lines, bulk flammable liquid storage, and non-acetylene bulk flammable gas storage. • The trailer must be a minimum distance of 25 feet from property lines, 50 feet from combustible construction, and 15 feet from non-combustible construction. • The trailer site must: Provide adequate space for positioning the trailer and be protected with curbing or guardrails; be not exposed to power, flammable liquid, flammable gas, or oxidizing lines; be equipped with signage stating “ACETYLENE—FLAMMABLE GAS'NO SMOKING—NO OPEN FLAMES'; and have a grounding system for the trailer. • Appropriate hoses, meters and electrical equipment must be used. 4. General provisions (CGA G-1.6, Section 7) • MATs must be marked and placarded in accordance the Part 172, Subparts D and F of the HMR. • Charging and discharging stations for MATSs must be provided with conspicuously located and easily accessible fire hoses or fixed spray systems and dry chemical fire extinguishers. Nozzles on fire hoses should be of the type that adjusts from full stream to a fog pattern. • Exits and fire protection equipment may not be blocked or obstructed. IV. Recommended Practices The standards summarized above outline specific procedures for filling, discharging, and transporting acetylene cylinders and for storing and using acetylene. Based on our review of the recent incidents and the applicable national consensus standards, we recommend that entities involved in the transportation of acetylene, particularly the filling and discharge of manifolded cylinders mounted on a motor vehicle, implement safety procedures conforming to applicable sections of CGA G-1, “Acetylene (1990), NFPA 51A Standard for Acetylene Charging Plants” (2006 Edition), and CGA G-1.6, “Recommended Practices for Mobile Acetylene Trailer Systems,” (1996, Fourth Edition, Reaffirmed 2001). In addition, entities must ensure that acetylene cylinders fully comply with all HMR requirements applicable to the specification cylinder, including cylinder components such as valves, pressure relief devices, porous filler, and solvent. The CSB Web site provides several examples of best practices to mitigate fires, including the use of fire monitors and water deluge and sprinkler systems. We strongly recommend that entities involved in the transportation of acetylene review the best practices highlighted by CSB and implement those that apply to their operations. In particular, facility operators should consider the installation of fire monitors and water deluge or sprinkler systems. In the event of a cylinder fire, the presence of such fire mitigation systems will help cool the cylinders, reducing the likelihood of additional gas releases, cylinder ruptures, and other potentially catastrophic consequences. For additional information, the CSB's Web site provides best practices based on a Praxair Flammable Gas Cylinder Fire that occurred in St. Louis, MO on June 24, 2005. A safety bulletin and video addressing the Praxair incident can be found at *http://www.csb.gov/index.cfm?folder=completed_investigations&page=info&INV_ID=59#* . The acetylene accidents covered in this safety advisory notice occurred in conjunction with our assessment of the safety risks associated with bulk loading and unloading operations. On June 14, 2007, we hosted a public workshop to examine industry data, identify industry best practices and standards, discuss the role of recommended practices, and consider industry actions that have the potential to reduce risk during loading and unloading. Representatives from industry, federal agencies, state and local government, standards organizations, the emergency response community, employee groups, environmental and public interest organizations, and the public participated in the meeting. As a result of this collaborative effort between PHMSA and our stakeholders, we developed a set of recommended practices that are generally applicable to loading and unloading operations involving hazardous materials in many different types of packagings and a number of different operational and modal contexts. Consistent with these recommended practices, we recommend that shippers and carriers of acetylene develop and implement specific procedures for loading and unloading operations that are based on an assessment of the safety risks associated with the type of loading or unloading operation being conducted and the material or materials involved. Please consider the following guidelines when developing operating procedures for acetylene:

(1)Make sure employees know and understand their specific responsibilities during loading and unloading operations, including attendance or monitoring responsibilities.

(2)Identify and implement appropriate safety precautions, including measures specific to the material transported, such as pressure or temperature controls and maximum filling limits; necessary protective equipment; controlling access to the area where the operations take place; procedures for connecting and disconnecting piping, hoses, and connections; ignition sources; and procedures for monitoring the loading and unloading operations.

(3)Identify and implement appropriate pre-transfer procedures, including pre-transfer inspections of the transport unit, packaging, transfer area, and piping, hoses, or other connections are free of defects, leaks, or other problems that could result in an unsafe condition.

(4)Identify and implement appropriate transfer procedures;

(5)Identify and implement appropriate emergency procedures, including identification of emergency response equipment and individuals authorized in its use; incident response; use of emergency shut-down systems; and emergency communication and spill reporting. In addition, we remind entities that offer for transportation or transport acetylene cylinders that their employees must be trained. In accordance with the requirements in Subpart H of Part 172 of the HMR, persons who directly affect hazardous materials transportation safety must complete training that covers the following: 1. *General awareness training* designed to familiarize each employee with the requirements of the HMR and to enable each employee to recognize and identify hazardous materials. 2. *Function-specific training* designed to ensure that each employee understands how he is to perform the functions or operations for which he is responsible. Training for employees responsible for loading or unloading operations should include training on established procedures applicable to such operations, as well as national consensus standards that have been incorporated into such procedures. 3. *Safety training* concerning emergency response information applicable to the specific hazardous material(s) handled, measures to protect the employee from the hazards associated with the materials to which the employee may be exposed in the work place, and methods and procedures for avoiding incidents. 4. *Security training* that provides an awareness of the security risks associated with hazardous materials transportation and methods to enhance transportation security. We believe that the procedures outlined above, including those contained in the CGA and NFPA standards, combined with a rigorous training program, will ensure that persons responsible for filling, operating, and discharging MATs have the knowledge and information to enable them to conduct these operations safely. We urge shippers and carriers engaged in these operations to evaluate their current operations, review the national consensus standards, and make adjustments in procedures and practices where necessary to minimize the safety risks associated with the transportation of acetylene on MATs. VI. Enhanced Safety Program for Mobile Acetylene Trailers We plan to work with acetylene shippers and carriers, emergency responders, associations such as CGA and NFPA, government agencies concerned with the safe handling and use of acetylene, and other stakeholders to assess the effectiveness of current safety procedures used for filling, operating, and discharging MATs to determine whether additional safety procedures should be implemented. To this end, we request that persons who use such transportation systems to provide us with information on the effectiveness of the current DOT regulations, consensus standards, and industry best practices. We are also interested in any other procedures utilized to ensure that operations related to the transportation of acetylene on MATs are performed safely. We would also like to work with shippers, carriers, and facilities that receive shipments of acetylene in MATs to develop and implement a pilot program to test the effectiveness of current or alternative procedures or methods designed to enhance the safety of transportation operations involving acetylene on MATs. As part of this program, we will assist individual companies or facilities to evaluate the effectiveness of their current procedures and to identify additional measures that should be implemented. We welcome suggestions concerning how such a program should be structured and the entities that should participate. To ensure that our message reaches all stakeholders affected by these risks, we plan to communicate this advisory through our public affairs notification and outreach processes. For additional visibility, we have made this advisory available on the PHMSA homepage at *http://www.phmsa.dot.gov* and the DOT electronic docket site at *http://dms.dot.gov* . In addition, if you are aware of other companies that are involved in the charging, operating, and discharging MATs, please share this advisory notice with them and, if possible, identify them in your correspondence with this agency. We believe a collaborative effort involving an integrated and cooperative approach will help us to address safety risks, reduce incidents, enhance safety, and protect the public. Issued in Washington, DC on August 30, 2007. Theodore L. Willke, Associate Administrator for Hazardous Materials Safety. [FR Doc. 07-4355 Filed 9-5-07; 8:45 am]

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