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phase of the study is expected to be 65 Authority: The Paperwork Reduction Act 400 Seventh Street, SW., Washington, minutes. of 1995; 44 U.S.C. Chapter 35, as amended; DC, between 9 a.m. and 5 p.m., Monday The average amount of time required and 49 CFR 1.48. through Friday, except Federal holidays. for participants to make their vehicle Issued On: October 3, 2006. Instructions: You must include the available for installation of the on-board James R. Kabel, agency name (Federal Transit computer system is expected to be 90 Chief, Management Programs and Analysis Administration) and the Docket Number minutes. The average amount of time for Division. (FTA–2006–25471). You should submit removal is expected to be 60 minutes. [FR Doc. E6–16683 Filed 10–10–06; 8:45 am] two copies of your comments if you The total amount of time for each BILLING CODE 4910–22–P submit them by mail. If you wish to individual spent making their vehicle receive confirmation that FTA received available for on-board system your comments, you must include a installation and removal is 150 minutes. DEPARTMENT OF TRANSPORTATION self-addressed, stamped postcard. Note The average amount of time to that all comments received will be respond to the first five bi-monthly Federal Transit Administration posted without change to the survey collections over the course of the [Docket Number: FTA–2006–25471] Department’s DMS Web site located at field study is 15 minutes. The average http://dms.dot.gov. This means that if amount of time to respond to the exit Notice of Proposed Safety and your comment includes any personal survey collection at the end of the field Security Management Circular identifying information, such study is 30 minutes. The average total information will be made available to time spent responding to surveys for AGENCY: Federal Transit Administration users of DMS. participants over their involvement in (FTA), DOT. FOR FURTHER INFORMATION CONTACT: For the study is 105 minutes. ACTION: Notice of proposed circular and issues regarding safety and security in The total amount of time for a request for comment. FTA’s project development phases, respondent not selected to participate in contact Carlos M. Garay, Office of SUMMARY: the study is expected to be 5 minutes. The Federal Transit Engineering, 400 Seventh Street, SW., The total amount of time spent by a Administration (FTA) proposes to issue Washington, DC, 20590, (202) 366–6471; field-test participant who completes the a Circular on Safety and Security or [email protected]. For issues study is expected to be 340 minutes. Management Guidance for FTA-funded regarding specific safety and security Estimated Total Annual Burden major capital projects. The proposed management activities, contact Levern Hours: Approximately 552 hours in the circular is for those FTA-funded McElveen, Office of Safety and Security, first year and 698 in the second year for projects that involve: (1) The 400 Seventh Street, SW., Washington, a total of 1,250 hours over the course of construction of a new fixed guideway or DC, 20590, (202) 366–1651; or the study for the response to the extension of an existing fixed guideway; [email protected]. For legal recruitment campaign. (2) the rehabilitation or modernization issues, contact Bruce Walker, Office of of an existing fixed guideway with a Approximately 1,325 hours in the first Chief Counsel, Federal Transit total project cost in excess of $100 year and 1,675 in the second year for a Administration, 400 Seventh Street, million; or (3) projects designated as total of 3,000 over the course of the SW., Room 9316, Washington, DC major capital projects by the study for the additional screening to be 20590, (202) 366–4011; or Administrator. The Circular, which is selected for inclusion in the study. [email protected]. located on the DMS Web site, identifies Approximately 1,300 hours in the first the safety and security management SUPPLEMENTARY INFORMATION: year and 1,625 in the second year for a activities to be performed by grantees total of 2,925 hours over the course of Background and the criteria for documenting these the study for participant training. activities in the Safety and Security FTA’s Full Funding Grant Agreement Approximately 3,000 hours in the first Management Plan (SSMP). FTA is also (FFGA) Circular 5200.1A, Chapter II, year and 3,750 in the second year for a developing a manual of effective Section 6, Safety and Security total of 6,750 hours over the course of practices to accompany the circular. Management Plan, issued on December the study for the installation and 5, 2002, contains recommended DATES: removal of the on-board computer Comments must be received by guidance for grantees with FFGA systems to and from the participants’ December 11, 2006. Late filed comments projects. The guidance identifies vehicles. will be considered to the extent specific safety and security management Approximately 2,100 hours in the first practicable. activities that must be performed and year and 2,625 hours in the second year ADDRESSES: You may submit comments documented by the grantee in a Safety for a total of 4,725 hours over the course identified by the Document and Security Management Plan (SSMP) of the study for the survey collections. Management System (DMS) Docket and submitted to FTA for review and Total annual burden hours in the first Number FTA–2006–25471 by any of the conditional approval with application year are expected to be 8,277. Total following methods: for FFGA. annual burden hours in the second year • Web site: http://dms.dot.gov. Section 3026 of the Safe, Accountable, are expected to be 10,373 for a total of Follow the instructions for submitting Flexible, Efficient Transportation Equity 18,650 hours over the course of the comments on the DOT electronic docket Act: A Legacy for Users (SAFETEA–LU), study. site; [Pub. L. 109–59, August 10, 2005] now Electronic Access: Internet users may • Fax: 202–493–2251; requires ‘‘safety and security access all comments received by the • Mail: Docket Management Facility; management’’ as an element of the U.S. DOT Dockets, Room PL–401, by U.S. Department of Transportation, 400 Project Management Plan (PMP) to be using the universal resource locator Seventh Street, SW., Nassif Building, submitted by grantees for major capital (URL): http://dms.dot.gov, 24 hours PL–401, Washington, DC 20590–0001; projects. FTA is in the process of each day, 365 days each year. Please or developing a proposed rulemaking to follow the instructions online for more • Hand Delivery: Room PL–401 on fully implement this provision of information and help. the plaza level of the Nassif Building, SAFETEA–LU. In the interim, this

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proposed circular identifies specific most current regulation will supersede FTA found that previously developed safety and security management any references to rules that have been SSMPs did not clearly explain the activities to be performed for all major cancelled or revised. FTA reserves the project’s organization responsible for capital projects, as defined in 49 CFR right to make page changes to proposed managing safety and security. In many part 633. The circular also proposes and final circulars regarding updates to instances, staff and contractors assigned guidance regarding how these activities other provisions, without subjecting the to the organization were not identified may be documented in the SSMP, entire circular to public comment. The by name, title, and department. which would be submitted as part of the Circular can be found on the DMS Web Committees established to support the PMP. site: http://dms.dot.gov. Please refer to organization were not clearly identified I. What is FTA proposing for the SSMP? docket number FTA–2006–25471. by name and acronym, and membership was not always listed by title and II. Why Is FTA Developing the Circular? For certain major capital projects, affiliation. For specific authorities commonly referred to as ‘‘New Starts,’’ This proposed circular is the initial delegated to contractors, grantee staff that involve the construction or step in providing guidance in meeting members or committees were not always extension of rail transit, commuter rail, the criteria of section 3026 of clearly identified as responsible for or certain bus service in dedicated SAFETEA–LU which amends 49 U.S.C. oversight. Organization charts were not lanes, FTA is proposing that the initial 5327(a) to require ‘‘safety and security always provided, and budgets and version of the SSMP will be submitted management’’ as an element of the PMP. schedules were not always developed with the grantee’s request to enter Historically, grantees for FTA-funded for safety and security activities. Preliminary Engineering. As part of the FTA also determined that by not PMP, the SSMP will be updated major capital projects have described project safety and security management specifically encouraging the referencing regularly, and evaluated for conditional of other safety and security plans and approval by FTA prior to entry into strategies and controls as sub-elements procedures, grantees copied large subsequent project development phases. of other required PMP sections. amounts of text from these other plans For other major capital projects, However, the level to which safety and into their SSMPs. The resulting including modernization of existing security were addressed and the specific documents were much more fixed guideway systems and the approaches to ensure safety and security voluminous than necessary and, in purchase of bus and bus-related during each phase of project some instances, were difficult to follow equipment and facilities, FTA proposes development varied greatly among and implement. In some cases, it was that the SSMP be submitted and grantees. As such, it became hard to distinguish the specific updated whenever the PMP is required. increasingly difficult for FTA to ensure The proposed circular also includes a a consistent approach to safety and activities being performed as part of the description of each section to be security in each major capital project. SSMP from the grantee’s other safety included in the SSMP and a listing of Likewise, since the publication of and security programs. the evaluation criteria FTA proposes to Circular 5200.1A in December 2002, Finally, FTA found that grantees did use in assessing the grantee’s grantees have indicated that they do not not always clearly address how the development and implementation of the have sufficient guidance for the project’s existing design and SSMP. consistent implementation of safety and construction verification programs The SSMP will document the security management activities, nor do should be used to support safety and grantee’s approach to developing they have a clear understanding of the security management. For example, management structures and work criteria FTA used to evaluate grantees did not always explain how programs to effectively plan and implementation of safety and security their safety and security functions were implement safety and security related activities. working with their quality control/ elements of major capital projects. The The proposed circular describes quality assurance functions to obtain SSMP should also explain how the specific safety and security activities to verification that safety and security grantee expects to manage required be identified and performed for each requirements established for their coordination with external agencies, major capital project, and how these projects were, in fact, addressed in including the State Safety Oversight activities should be documented in the technical specifications and contract Agency (SSOA)—for rail transit projects SSMP. FTA will then assess the documents and in the as-built facilities, affected by 49 CFR Part 659, Rail Fixed development and implementation of the installed systems, and procured Guideway Systems; State Safety SSMP as part of the PMP. By describing equipment delivered for their projects. Oversight; the Federal Railroad these activities, the proposed circular In another example, grantees did not Administration (FRA)—for commuter will provide guidance for strengthening always explain how the project’s rail projects and rail transit projects safety and security management in activation team was coordinating with with shared use track, limited major capital projects. the safety and security function to make connections to the general railroad sure that staffing plans, established system, and common corridors; and the III. What Factors Guided FTA’s qualifications and certifications, Transportation Security Administration Development of the Circular? training programs, and demonstration (TSA)—for projects affected by Security A. Results From Previous Experience activities were sufficient to ensure the Directives and other TSA requirements With SSMPs for FFGA Projects. readiness of operations and and programs. maintenance personnel to support The proposed circular references FTA reviewed SSMP submissions revenue service. In several instances, other FTA regulations, including 49 made for FFGA projects since December FTA had difficulty determining how the CFR Part 633, Project Management 2002. FTA also evaluated the results of grantee’s safety and security functions Oversight; 49 CFR Part 611, Major in-depth assessments performed by were using the project’s document Capital Investment Projects; and 49 CFR project management oversight control system to ensure the tracking Part 659, Rail Fixed Guideway Systems; consultants (PMOCs) regarding SSMP and resolution of ‘‘open items’’ and State Safety Oversight. In all cases, development and implementation by ‘‘work-arounds’’ that could potentially when using the proposed circular, the grantees with FFGA projects. impact safety and security.

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B. New Industry Guidance and communications efforts for rail executive leadership, endorsing the grade crossings. safety and security activities, as FTA also considered new guidance documented in the SSMP. The proposed C. Federal Security Requirements developed for industry since the activities also include the development publication of Circular 5200.1A in Finally, as a result of the events of of a well-defined organization, December 2002. Specifically, FTA has September 11, 2001, many grantees are supported by a budget and schedule, for published a number of documents with now performing extensive vulnerability identifying, resolving, and managing recommendations to grantees for analyses as part of their major capital safety and security activities during all addressing safety and security in major projects, following guidance issued by development phases of the major capital capital projects, including: Handbook FTA, TSA, or the Department of project. for Transit Safety and Security Homeland Security (DHS) Office of Further, these proposed activities Certification (2002); Project Grants and Training (G&T). Grantees are include specific requirements regarding Construction and Management also designing and specifying the use of the conduct of safety and security Guidelines Update (2003); Public security equipment, such as closed analysis, the development of safety and Transportation System Security and circuit television surveillance systems, security design criteria, the Emergency Preparedness Planning passenger call boxes, enhanced lighting, establishment of programs to ensure the Guide (2003); FTA’s Top 20 Security access control systems, and intrusion training and qualification of operations Action Items Web site (2003); and detection systems, following guidance and maintenance personnel prior to the Transit Security Design Considerations established by consensus-based initiation of revenue service, and the (2005). standards organizations. establishment of verification programs In partnership with the Transit Additionally, in 2004, DOT and TSA to ensure that safety and security design Cooperative Research Program (TCRP) issued a joint rule-making ‘‘Protection of criteria are included in the technical of the Transportation Research Board Sensitive Security Information,’’ specifications and contract documents (TRB), FTA has also funded research published at 49 CFR Part 15 and 49 CFR for the project and delivered in the final that identifies and recommends Part 1520, respectively. DOT published project placed into revenue service. activities to be performed by grantees to ‘‘Interim Policies and Procedures for 49 Finally, the proposed activities ensure address safety and security in the CFR Part 15, Protection of Sensitive the issuance of final safety and security Security Information’’ on June 7, 2005 (a engineering, design, construction, and certification for the project, including its copy is available with this docket). The operation of transit projects. For operational readiness, and the DOT policy and procedures apply to all example, FTA is currently funding: performance of appropriate DOT employees and to all DOT Project J–10G, Making Transportation coordination throughout the project to contractors, grantees, consultants, Tunnels Safe and Secure; Project A–30, address requirements specified by local, licensees, and regulated entities that Improving Safety Where Light Rail, State and Federal agencies, including have access to or receive Sensitive Pedestrians, and Vehicles Intersect; applicable requirements from SSOAs, Security Information (SSI). Procedures Project D–10, Audible Signals for FRA, and TSA. have been established by grantees for Pedestrian Safety in Light Rail Transit managing SSI materials and to guide the V. How Are Safety and Security Environments; and Project D–11, Design, sharing of SSI with FTA and other Activities Documented in the SSMP? Operation, and Safety of At-Grade external agencies. FTA also has Crossings of Exclusive Busways. These To support consistent development of established procedures for working with projects build on previous FTA-funded SSMPs by grantees for major capital grantees regarding the handling of these research for TCRP Report 17: Integration projects, Chapter IV of the proposed materials by Regional Offices, of Light Rail Transit into City Streets circular identifies 11 sections required Headquarters staff, and PMOCs. (1996); TCRP Report 69: Light Rail for the SSMP. Each section provides a Specifically, FTA personnel and PMOCs Service: Pedestrian and Vehicular detailed description of what should be must comply with the grantee’s SSI Safety (2000); TCRP Research Results included in the SSMP. The proposed procedures as established in accordance Digest 51, Second Train Coming circular, when published in final form with 49 CFR Part 15. Depending on the Warning Sign: Demonstration Projects will reference a manual being developed materials being reviewed and the (2002); and TCRP Report 86, Volume 4: by FTA to promote effective practices procedures established by grantees, Public Transportation Security: for safety and security management. activities may include performing on- Intrusion Detection for Public This manual will provide examples that site reviews of SSI materials at the Transportation Facilities Handbook may be used by grantees in preparing grantee’s location, not removing SSI (2003). SSMPs. materials from specific locations, and Also, since the publication of the ensuring that a grantee escort is VI. Request for Comments 5200.1A Circular, the American Public available to observe FTA/PMOC review FTA is establishing a docket to Transportation Association (APTA) has of SSI materials. receive public comment on the completed its Rail Transit Standards proposed circular. FTA will publish the Program, issuing over 90 standards to IV. What Specific Safety and Security Management Activities Are Required? final circular, which may be revised support the design, operation and based on public comment, in a later maintenance of rail transit projects. The To address concerns identified from Federal Register notice. Federal Highway Administration previous experience with developing In reviewing the proposed circular, (FHWA) updated Part 10 of the Manual and implementing SSMPs, and to reflect FTA is requesting comments on the on Uniform Traffic Control Devices changes in available guidance and following: (MUTCD) in 2003, which relates to the industry practices, the proposed circular design of rail transit grade crossings. identifies specific safety and security 1. Required Safety and Security Operation Lifesaver, in partnership with management activities to be performed Management Activities FTA and FRA, has developed program by grantees for major capital projects. The proposed circular identifies materials for use by rail transit grantees These activities include preparation of a specific safety and security management regarding public marketing, education, policy statement, signed by the grantee’s activities to be performed by grantees

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for major capital projects. These grantees with ‘‘New Starts’’ projects Corporation 1 in New York and New activities are noted in Chapter II, believe the proposed circular provides Jersey, lying generally between the Section 2, of the proposed SSMP enough information regarding FTA’s Conrail Chemical Coast Line and points Circular. FTA is interested to learn of requirements for the SSMP at entry to on Staten Island, NY, subject to opinions regarding these proposed Preliminary Engineering, entry to Final appropriate employee protective activities and their relevance to Design, application for FFGA, and at conditions.2 The line consists of two ensuring the safety and security of major other times when circumstances segments as follows: (a) The North capital projects. require? Shore Line between the end of track at Specifically, FTA would like to know milepost 4.6 at Union Avenue east of if all of the required activities are 5. Required SSMP Contents Arlington Yard, Richmond County, NY, necessary; if there are activities which Chapter IV of the proposed circular and milepost 7.4, via the Chemical should be added; and if grantees lists eleven sections to be included in Coast Connector, at the proposed point currently have programs underway the SSMP developed by the grantee. of switch at the connection between the addressing these requirements. Also, for FTA requests comments regarding these Chemical Coast Connector and Conrail’s ‘‘New Starts’’ projects requesting entry eleven sections. Are the requirements Chemical Coast Line in Union County, into Preliminary Engineering (PE), FTA reasonable? Should additional sections NJ, a distance of 2.8 miles; and (b) the is interested to learn what specific or sub-sections be added? Should Travis Branch between milepost 0.00 safety and security management specific sections or sub-sections be Arlington Yard Station and milepost activities grantees will perform during removed? Are the descriptions for any 4.41 in Richmond County, a distance of PE. section or sub-section unclear or 4.41 miles. Included within the North Shore Line segment are all tracks in 2. Listing of FTA Evaluation Criteria confusing? Do grantees need additional guidance? Arlington Yard together with lead tracks The proposed circular identifies the on both the east and west ends of the criteria to be used by FTA in assessing 6. Other Comments yard, the so-called Wye Connector, that and evaluating the grantee’s FTA also requests comments provides a direct connection to the performance of required safety and concerning the costs and benefits Travis Branch from the North Shore security management activities. These associated with meeting guidance in the Line and a track designated as the activities are noted in Chapter II, proposed circular. Grantees are Travis Lead that provides a connection Section 3, of the proposed SSMP encouraged to comment on the number to and from the Travis Branch to the Circular. FTA would like to learn if of hours and/or financial cost associated east end of Arlington Yard.3 Petitioners commenters believe that these criteria with implementing the proposed have asked for expedited consideration are appropriate; if there are other circular’s guidance as well as the extent of the petition. criteria that should be considered by to which following the guidance will DATES: The exemption will be effective FTA, and if grantees believe that they assist the grantee in achieving its on October 8, 2006. Petitions to reopen have the project management organizational objectives for safety and must be filed by October 25, 2006. organization and information security management in major capital ADDRESSES: An original and 10 copies of management systems in place to meet projects. all pleadings, referring to STB Finance these criteria. Issued in Washington, DC, this 3rd of Docket No. 34909, must be filed with 3. Sensitive Security Information October 2006. the Surface Transportation Board, 1925 The proposed circular references the James S. Simpson, K Street, NW., Washington, DC 20423– DOT regulation on Sensitive Security Administrator, Federal Transit 0001. In addition, one copy of all Information (see 49 CFR Part 15). FTA Administration. pleadings must be served on petitioners’ has developed procedures to coordinate [FR Doc. E6–16684 Filed 10–10–06; 8:45 am] representatives: Louis E. Gitomer, 600 with grantees regarding their BILLING CODE 4910–57–P Baltimore Avenue, Suite 301, Towson, implementation of programs and MD 21204, Peter J. Shudtz, 1331 procedures to identify and protect Pennsylvania Avenue NW., Suite 560, sensitive security information. FTA is DEPARTMENT OF TRANSPORTATION 1 interested in receiving comments See Staten Island Railway Corporation— Surface Transportation Board Abandonment Exemption—in Richmond County, regarding how well these procedures NY, Docket No. AB–263 (Sub-No. 2X) (ICC served have worked in practice, and if there are [STB Finance Docket No. 34909] July 3, 1990), and Staten Island Railway any suggestions for improvements that Corporation—Abandonment, Docket No. AB–263 (Sub-No. 3) (ICC served Dec. 5, 1991). The lines should be addressed in the proposed CSX Transportation, Inc., Norfolk were subsequently acquired by the New York City circular. Southern Railway Company, and Economic Development Corporation (NYCEDC) and Consolidated Rail Corporation—Joint the Port Authority of New York and New Jersey 4. Process for Developing and Updating Use and Operation Exemption (Port Authority). SSMPs 2 Notice of the filing and a request for comments FTA is seeking comments on the AGENCY: Surface Transportation Board, was served and published in the Federal Register DoT. on August 25, 2006 (71 FR 50500–01). Comments proposed approach to developing and in support of the petition were filed by Mayor updating SSMPs as part of the PMP. ACTION: Notice of exemption. Michael R. Bloomberg of the City of New York, These criteria are found in Chapter III of NYCEDC and the Port Authority. No comments the proposed circular. Specifically, do SUMMARY: Under 49 U.S.C. 10502, the were filed in opposition. Board is granting a petition for 3 Petitioners concurrently filed a Notice of grantees require additional guidance Modified Certificate of Public Convenience and regarding the appropriate contents of exemption from the prior approval Necessity to operate the subject line in STB Finance the SSMP for different project requirements of 49 U.S.C. 11323–25 for Docket No. 34908, CSX Transportation, Inc., development phases? Do grantees prefer petitioners to provide for the joint use Norfolk Southern Railway Company, and and joint rail freight operations over Consolidated Rail Corporation—Modified Rail to include the SSMP as a separate Certificate. That request was granted by decision chapter of the PMP or referenced as a 7.69 miles of abandoned rail line of the served and published in the Federal Register on separate plan within the PMP? Do former Staten Island Railway August 25, 2006 (71 FR 50499–50500).

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