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determined by USTR to be confidential from specified requirements of Title 14, 800 Independence Avenue SW., in accordance with section 135(g)(2) of Code of Federal Regulations (14 CFR). Washington, DC 20591. This notice is the Trade Act of 1974 (19 U.S.C. The purpose of this notice is to improve published pursuant to 14 CFR 11.85. 2155(g)(2)). If the submitter believes that the public’s awareness of, and Issued in Washington, DC, on January 9, information or advice may qualify as participation in, this aspect of the FAA’s 2012. such, the submitter— regulatory activities. Neither publication Julie Ann Lynch, (1) Must clearly so designate the of this notice nor the inclusion or Acting Director, Office of Rulemaking. information or advice; omission of information in the summary (2) Must clearly mark the material as is intended to affect the legal status of Petition for Exemption ‘‘SUBMITTED IN CONFIDENCE’’ at the the petition or its final disposition. Docket No.: FAA–2011–1240. top and bottom of the cover page and DATES: Comments on this petition must Petitioner: Embraer S.A. each succeeding page; and identify the petition docket number and Section of 14 CFR Affected: (3) Must provide a non-confidential must be received on or before February § 25.791(a). summary of the information or advice. 2, 2012. Description of Relief Sought: Embraer Any comment containing confidential S.A. requests an exemption from the ADDRESSES: You may send comments information must be submitted by fax to interior-cabin location requirements for identified by docket number FAA– Sandy McKinzy at (202) 395–3640. A no-smoking placard placement on 2011–1240 using any of the following non-confidential summary of the Embraer Model EMB–550 airplanes. methods: confidential information must be [FR Doc. 2012–611 Filed 1–12–12; 8:45 am] • Government-wide rulemaking Web submitted to www.regulations.gov. The BILLING CODE 4910–13–P non-confidential summary will be site: Go to http://www.regulations.gov placed in the docket and open to public and follow the instructions for sending inspection. your comments digitally. DEPARTMENT OF TRANSPORTATION Pursuant to section 127(e) of the • Mail: Send comments to the Docket URAA (19 U.S.C. 3537(e)), USTR will Management Facility; U.S. Department Federal Railroad Administration maintain a docket on this dispute of Transportation, 1200 New Jersey settlement proceeding accessible to the Avenue SE., West Building Ground Environmental Impact Statement for public. The public file will include non- Floor, Room W12–140, Washington, DC Rail Gateway (NORG), confidential comments received by 20590. Jefferson and Orleans Parishes, LA • Fax: Fax comments to the Docket USTR from the public with respect to AGENCY: Federal Railroad Management Facility at (202) 493–2251. the dispute. If a dispute settlement Administration (FRA), DOT. panel is convened or in the event of an • Hand Delivery: Bring comments to the Docket Management Facility in ACTION: Notice of Intent to prepare an appeal from such a panel, the U.S. Environmental Impact Statement (EIS). submissions, any non-confidential Room W12–140 of the West Building submissions, or non-confidential Ground Floor at 1200 New Jersey SUMMARY: FRA is issuing this notice to summaries of submissions, received Avenue SE., Washington, DC, between 9 advise the public that it will prepare an from other participants in the dispute, a.m. and 5 p.m., Monday through EIS with the Department of will be made available to the public on Friday, except Federal holidays. Transportation and Development (LA USTR’s Web site at www.ustr.gov, and Privacy: We will post all comments DOTD) to evaluate environmental and the report of the panel, and, if we receive, without change, to http:// related impacts of upgrading the New applicable, the report of the Appellate www.regulations.gov, including any Orleans Rail Gateway (NORG) and Body, will be available on the Web site personal information you provide. infrastructure in Jefferson and Orleans of the World Trade Organization, Using the search function of our docket Parishes, Louisiana (proposed action). www.wto.org. Comments open to public Web site, anyone can find and read the FRA is also issuing this notice to solicit inspection may be viewed on the comments received into any of our public and agency input into the www.regulations.gov Web site. dockets, including the name of the development of the scope of the EIS and individual sending the comment (or to advise the public that outreach Bradford Ward, signing the comment for an association, activities conducted by LA DOTD and Acting Assistant United States Trade business, labor union, etc.). You may its representatives will be considered in Representative for Monitoring and review the DOT’s complete Privacy Act preparation of the EIS. FRA is issuing Enforcement. Statement in the Federal Register this Notice to alert interested parties, to [FR Doc. 2012–606 Filed 1–12–12; 8:45 am] published on April 11, 2000 (65 FR provide information on the nature of the BILLING CODE 3190–W2–P 19477–78). proposed action, including the purpose Docket: To read background and need for the proposed action, documents or comments received, go to possible alternatives to be considered in DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time the preparation of the EIS, potentially or to the Docket Management Facility in significant impacts to the natural and Federal Aviation Administration Room W12–140 of the West Building built environment of those alternatives, [Summary Notice No. PE–2012–02] Ground Floor at 1200 New Jersey and to invite public participation in the Avenue SE., Washington, DC, between 9 EIS process. Petition for Exemption; Summary of a.m. and 5 p.m., Monday through DATES: Two public scoping meetings Petition Received Friday, except Federal holidays. will be advertised locally and will be AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: held from 6 p.m.–7:30 p.m. at the Administration (FAA), DOT. Mark Forseth, ANM–113, (425) 227– following dates and locations. • ACTION: Notice of petition for exemption 2796, Federal Aviation Administration, February 7, 2012 at the Xavier received. 1601 Lind Avenue SW., Renton, WA University of Louisiana, University 98057–3356, or Frances Shaver, (202) Center, 3rd Floor, Mary and William SUMMARY: This notice contains a 267–4059, Office of Rulemaking (ARM– McCaffrey Ballroom B, 4980 Dixon summary of a petition seeking relief 207), Federal Aviation Administration, Street, New Orleans, LA 70125

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• February 8, 2012 at the Joseph S. and the FRA’s Procedures for base of the HPLB, it traverses East Yenni Building, Council Chambers, Considering Environmental Impacts as Bridge Junction (EBJ) to the Back Belt 1221 Elmwood Park Boulevard, set forth in 64 FR 28545 dated May 26, tracks owned and operated by the NS. Jefferson, LA 70123 1999 (Environmental Procedures). The The NORG proceeds along the Back Information on the meeting locations EIS will also address Section 106 of the Belt, entering the City of New Orleans is also available on the following Web National Historic Preservation Act, at the 17th Street Canal. It proceeds site: http://www.dotd.la.gov/ Section 4(f) of the U.S. Department of through the City of New Orleans along administration/public_info/projects/ Transportation Act of 1966 (49 U.S.C. the Back Belt, and connects with CSX NORG/. 303) and other applicable Federal and trackage at , and Persons requiring special assistance in state laws and regulations. continues on CSX trackage crossing the order to participate in these public The study will result in a NEPA Inner Harbor Navigation Canal on the scoping meetings should contact Mr. document that will address broad Almonaster Bridge, traversing the CSX Dean Goodell, Intermodal overall issues of concern, including but Gentilly Yard and proceeding easterly Transportation Manager, Louisiana not limited to: through New Orleans East to its Department of Transportation and • Describing the purpose and need for terminus near Industrial Parkway. Development, 1201 Capitol Access the proposed action. Road, Room S–515, Baton Rouge, LA • Describing the environment likely II. Study Area 70802, or by telephone at (225) 379– to be affected by the proposed action. For the purpose of the EIS, a Study 3031, at least five (5) working days prior • Developing evaluation criteria to Area has been established that includes to the public meetings dates. identify alternatives that meet the the above described NORG corridor and To ensure all significant issues are purpose and need of the proposed the other existing rail corridors within identified and considered, the public action and those that do not. the New Orleans metropolitan area, and will be invited to comment on the • Identifying the range of reasonable is of sufficient geographic extent to proposed action. Comments on the alternatives that satisfy the purpose and allow for a variety of alternatives to be scope of the EIS, including the proposed need for the proposed action. considered and potential impacts to the action’s purpose and need, the • Developing the no-build alternative human, natural, and cultural alternatives to be considered, the to serve as a baseline for comparison. environments to be assessed. The Study • impacts to be evaluated, and the Describing and evaluating the Area encompasses approximately 110 methodologies to be used in the potential environmental impacts and square miles and is roughly bounded on evaluations will be accepted at the mitigation associated with the proposed the west by the Jefferson/St. Charles public scoping meetings. Those alternatives. Parish line; on the north by I–10 within attending the public scoping meetings SUPPLEMENTARY INFORMATION: The FRA Jefferson Parish then turns north along will be asked to register at the meeting and the LA DOTD will prepare the EIS the Jefferson/Orleans Parish line, location and may comment in written for the New Orleans Rail Gateway eastward along Filmore Avenue, north form, or orally. Interested parties may Program and infrastructure in Jefferson along Franklin Avenue, northeast near also provide written comments on the and Orleans Parishes, Louisiana in Leon C Simon Drive and Lakeshore scope of the EIS to Mr. Dean Goodell, coordination with the New Orleans Drive, southeast along Martin Drive, Intermodal Transportation Manager, Regional Planning Commission southwest along Wales Street, Louisiana Department of Transportation (NORPC) and the railroads operating in southward along Press Drive and then and Development, 1201 Capitol Access the New Orleans metropolitan area. The continuing eastward along Dwyer Road; Road, Room S–515, Baton Rouge, LA Class I railroads, which are members of on the east along Maxent Canal near 70802, telephone (225) 379–3031. the Association of American Railroads Bayou Sauvage; and on the south Comments will be considered if (AAR), include Burlington Northern following the Intracoastal waterway and postmarked within ten (10) calendar Santa Fe Railway (BNSF), Canadian Mississippi River, then crossing the days following the meetings. National (CN), CSX, Kansas City Mississippi River at Louisiana Street FOR FURTHER INFORMATION CONTACT: Ms. Southern Railway (KCS), Norfolk following US 90 to where it meets the Catherine Dobbs, Environmental Southern Railroad (NS), and Union Jefferson/St. Charles Parish line. Protection Specialist, Federal Railroad Pacific (UP) railroads, the terminal Administration, 1200 New Jersey switching railroad, the New Orleans III. Purpose and Need Avenue SE., Washington 20590, Public Belt Railroad (NOPB), and the The NORG serves six Class I Railroads telephone: (202) 493–6347 or Mr. Dean National Railroad Passenger Corporation and three Amtrak passenger rail routes Goodell, Intermodal Transportation (Amtrak). LA DOTD and these railroads and the NOPB railroad links the Port of Manager, Louisiana Department of are advancing the proposed action as a New Orleans, the eighth largest tonnage Transportation and Development, 1201 public-private partnership (P3) among port in the United States, to the national Capitol Access Road, Room S–515, these entities. rail network. Baton Rouge, LA 70802, telephone (225) The Gateway is a critical link in the I. New Orleans Rail Gateway (NORG) 379–3031. Information and documents national freight rail system. It is one of regarding the environmental review The NORG is a rail corridor within five major rail interchange points process will be made available through Jefferson and Orleans Parishes, between the eastern and western Class the following Web site: http:// beginning on the west bank of the I Railroads and also has one of the four www.dotd.la.gov/administration/ Mississippi River near the St. Charles/ major Mississippi River rail bridges. It is public_info/projects/NORG/. Jefferson Parish line. From the Parish one of only three national rail gateways line it proceeds easterly along tracks of that are both rail interchange hubs and Environmental Review Process the UP and BNSF through the Avondale major Mississippi River rail crossings. The EIS will be prepared in Yard at West Bridge Junction (WBJ) and Throughout the NORG, trains must accordance with the National crosses the Mississippi River on the observe a maximum speed of 20 mph, Environmental Policy Act (NEPA), the Huey P. Long Bridge (HPLB), which is necessitated, in part, by antiquated Council on Environmental Quality owned and operated by the New control systems and switches. Flood (CEQ) regulations implementing NEPA Orleans Public Belt Railroad. At the gates at various locations are closed up

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to 24 hours prior to and following storm improvements within the Gateway that programs or projects currently funded or events, such as Hurricane Katrina in would reduce delays and improve rail being implemented. The No-Build 2005, limiting the railroads’ ability to service to rail customers in the greater Alternative would draw upon the transport evacuees and emergency New Orleans region. Most recently, the following sources on information: supplies. The NORG includes the LA DOTD, NORPC, and the AAR, • State Transportation Improvement existing Almonaster Avenue Bridge representing Amtrak and the six Class I Program (STIP) across the Inner Harbor Navigation freight railroads serving New Orleans, • New Orleans Urbanized Area Canal (IHNC), an 80 year old structure studied improvements to the New Transportation Improvement Program that is subject to frequent breakdowns. Orleans Rail Gateway that would: (for all travel modes) • The electrical and mechanical • Improve rail service, Freight and passenger rail plans. • components of the bridge are obsolete Reduce rail impacts on the adjacent The Build Alternatives would include communities, and a program of rail and roadway and are the cause of continual • maintenance problems. In the closed to Further the economic recovery and infrastructure and operations navigation position, the bridge has development of the metropolitan area. improvements (program of projects) that virtually no vertical clearance for Studies in 2002, 2004, and 2007 are cost-feasible and satisfy the stated marine traffic. evaluated potential physical and purpose and need. Improvements to be Due to its existing design and limited operational improvements to eliminate considered could include, but not be capacity, the NORG cannot efficiently the worst chokepoints and improve limited to, closing or grade-separating handle current traffic volumes, freight movement. crossings, reconfiguring or adding The 2007 NORG Infrastructure routinely resulting in delays to both rail trackage, upgrading structures Feasibility Analysis (2007 Study) and road traffic. (including culverts and over/underpass The 29-mile NORG handles evaluated possible improvements to the structures), improving signal systems, approximately 35 freight trains per day Back Belt, Front Belt along the and incorporating positive train control with a combined delay of 29.7 hours per Mississippi River, and the Middle Belt (PTC) and/or centralized train control along the Earhart Expressway/I–10 day for train meets, including (CTC). The Build Alternatives would Corridor. Improvements to the Front deceleration and acceleration. Each of include the alternatives evaluated in the Belt were determined to be unfeasible the 20 at-grade crossings along the 2007 Study and additional alternatives due to the adjacent development and NORG handles over 20 trains per day. identified during scoping and the numerous at-grade crossings. Back Belt Several of these crossings are moderate alternatives development process. improvements included grade to high volume arterials, carrying separating numerous highway-railroad VI. Possible Effects between 10,000 and 20,000 vehicles crossings to improve highway traffic The FRA and LA DOTD will evaluate daily. Average daily delays to vehicles flow and would provide limited direct, indirect and cumulative changes and trucks at these crossings are 112.4 additional rail capacity with minimal to the social, economic, and physical hours and 12.1 hours, respectively. The NORG is not able to track construction. Middle Belt environment—including land use and accommodate anticipated future freight improvements included creating a new socioeconomic conditions, ecology, demand. The U.S. Department of route between East Bridge Junction and water resources, historic and Transportation forecasts that import and East City Junction by linking existing, archaeological resources, visual export freight tonnage could double by but lightly used rail lines through character and aesthetics, contaminated 2020 and domestic freight tonnage Jefferson and Orleans Parishes. and hazardous materials, transportation, could increase by approximately 60 Commonly known as the ‘‘Carrolton air quality, noise and vibration. percent. Growth of shipping port traffic Curve’’, this route was first identified in Environmental justice will be examined will increase rail traffic in the NORG. 1955 and would reroute trains to the for all alternatives, and Limited English This results in negative impacts to the Earhart Expressway/I–10 corridor to Proficiency and Title VI requirements community and decreased regional provide additional rail capacity through documented. The evaluation will take economic competitiveness. a more industrial part of the City of New into account both beneficial and adverse The purpose of the proposed action is Orleans. While the Back and Middle affects and identify measures to avoid, to: Belt improvements both improved minimize, and mitigate adverse • Correct physical and operational public safety by eliminating or community and environmental impacts. deficiencies to improve rail traffic flow separating most highway-rail grade The analysis will be undertaken to better serve existing and future users crossings, the Middle Belt consistent with the National of the Gateway, improvements appeared to offer the best Environmental Policy Act, Council on • Improve the reliability of marine benefits for both the public and the Environmental Quality regulations traffic passing through the Inner Harbor railroads, and would improve defined previously, Section 106 of the Navigation Canal under the Almonaster emergency evacuation procedures by National Historic Preservation Act, the Avenue Bridge, eliminating flood-prone highway Endangered Species Act, Clean Air Act, • Improve the safety of rail and underpasses on I–10 and Airline Clean Water Act, FRA’s Environmental vehicle operations in the affected area, Highway. Procedures, LA DOTD guidance, and • Section 4(f) of the Department of Reduce vehicle congestion at street V. Alternatives To Be Considered crossings, Transportation Act of 1966, along with • Improve emergency evacuation Preliminary alternatives identified other applicable Federal and state conditions, and include a No-Build Alternative and regulations. • Improve overall environmental various Build Alternatives. The No- VII. Scoping Process quality. Build Alternative is defined to serve as the baseline for comparison of all To ensure that the full range of issues IV. Previous Studies alternatives. The No-Build Alternative related to this proposal is addressed and Over the past 35 years, the FRA, the represents the transportation system all significant issues identified, LA DOTD, the New Orleans Community (highway and rail) as it exists, and as it comments and suggestions are invited and the railroads have examined rail would exist after completion of from all interested parties. Comments or

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questions concerning this proposed Issued in Washington, DC, on January 10, modification of special permits (e.g., to action and the EIS should be directed to 2012. provide for additional hazardous the LA DOTD at the address above. Paul Nissenbaum, materials, packaging design changes, Letters describing the proposed action Associate Administrator for Railroad Policy additional mode of transportation, etc.) and soliciting comments have been sent and Development, Federal Railroad are described in footnotes to the to the appropriate Federal, State and Administration. application number. Application local agencies, Native American tribes [FR Doc. 2012–603 Filed 1–12–12; 8:45 am] numbers with the suffix ‘‘M’’ denote a and to private organizations who have BILLING CODE 4910–06–P modification request. These previously expressed or who are known applications have been separated from the new application for special permits to have an interest in this proposal. DEPARTMENT OF TRANSPORTATION Federal agencies with jurisdiction by to facilitate processing. law or special expertise with respect to Pipeline and Hazardous Materials DATES: Comments must be received on potential environmental issues will be Safety Administration or before January 30, 2012. requested to act as a Cooperating Address Comments to: Record Center, Agency in accordance with 40 CFR Notice of Applications for Modification Pipeline and Hazardous Materials Safety 1501.6. of Special Permit Administration, U.S. Department of Transportation, Washington, DC, 20590. LA DOTD will lead the outreach AGENCY: Office of Hazardous Materials Comments should refer to the activities, beginning with the scoping Safety, Pipeline and Hazardous application number and be submitted in meetings identified under DATES above. Materials Safety Administration triplicate. If confirmation of receipt of Public involvement initiatives, includ- (PHMSA), DOT. comments is desired, include a self- ing public meetings, newsletters, and ACTION: List of applications for addressed stamped postcard showing outreach to engage low-, minority-, and modification of special permits. the special permit number. other environmentally-disadvantaged FOR FURTHER INFORMATION CONTACT: SUMMARY: In accordance with the groups will be held throughout the Copies of the applications are available procedures governing the application course of this study. Opportunities for for inspection in the Records Center, for, and the processing of, special public participation will be announced East Building, PHH–30, 1200 New permits from the Department of through mailings, notices, Jersey Avenue SE., Washington, DC, or Transportation’s Hazardous Material advertisements, press releases and a at http://regulations.gov. Regulations (49 CFR Part 107, Subpart project Web site: http://www.dotd.la. This notice of receipt of applications _ B), notice is hereby given that the Office gov/administration/public info/ for modification of special permit is projects/NORG/. of Hazardous Materials Safety has received the applications described published in accordance with Part 107 Two public hearings on the Draft EIS herein. This notice is abbreviated to of the Federal hazardous materials will be held following its issuance. expedite docketing and public notice. transportation law (49 U.S.C. 5117(b); Public notice will be given, in local Because the sections affected, modes of 49 CFR 1.53(b)). newspapers, of the time and place of the transportation, and the nature of Issued in Washington, DC, on January 6, meetings and hearings. The Draft EIS application have been shown in earlier 2012. will be available for public and agency Federal Register publications, they are Donald Burger, review prior to the public hearings. not repeated here. Requests for Chief, General Approvals and Permits.

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

MODIFICATION SPECIAL PERMITS

11215–M ...... Orbital Sciences Corpora- 49 CFR Part 172, Sub- To modify the special permit to add a Class 9 mate- tion, Mojave, CA. parts C, D; 172.101, rial. Special Provision 109. 11606– ...... Safety-Kleen Systems, 49 CFR 173.28(b)(2)...... To modify the special permit to authorize double Inc., Plano, TX. stacking of pallets used for shipping and to author- ize approved third party transporters to transport the material authorized in the permit. 12135–M ...... Daicel Safety Systems Inc. 49 CFR 173.301(h) ...... To modify the special permit to authorize a new de- Hyogo Prefecture 671– 173.302 ...... sign of non-DOT specification cylinders (pressure 1682. 173.306(d)(3) ...... vessels) for use as components of automobile vehi- cle safety systems. 14175–M ...... The Linde Group, Murray 49 CFR 180.209 ...... To modify the special permit to authorize additional Hill, NJ. Division 2.2 gases. 14467–M ...... Brennar Tank, LLC, Fond 49 CFR 178.345–2 ...... To modify the special permit to authorize construction Du Lac, WI. of series 400 cargo tanks using certain materials not authorized in 178.345(2) as materials of con- struction and to add additional UNS Designation tanks. 14952–M ...... Mebrom NV Ertvelde- 49 CFR 173.193 ...... To modify the special permit to Belgium to authorize Rieme. an alternative method of retesting qualification.

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