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19934 Federal Register / Vol. 73, No.

71 / Friday, April 11, 2008 / Notices

retrieval help guidelines are available of their anticipated special needs as the purposes of the HMIT Grants
under the help section of the Web site. early as possible. Members of the public program, an ‘‘employee organization’’ is
An electronic copy of this document who wish to make comments on Friday, a labor union, association, group, or
may be downloaded from the Federal April 25 between 10:45 a.m. and 11:15 similar organization the members of
Register’s home page at http:// a.m. are requested to register in which are hazmat employees and the
www.archives.gov and the Government advance. In order to allow as many stated purpose of which is to represent
Printing Office’s database at http:// people as possible to speak, speakers are hazmat employees.
www.access.gpo.gov/nara. requested to limit their remarks to 3 DATES: Application packages will be
Please note that even after the minutes. For those wishing to submit available April 15, 2008. Completed
comment closing date, we will continue written comments, please follow the applications must be submitted by July
to file relevant information in the docket procedure noted above. 15, 2008. Grants will be awarded in
as it becomes available. This meeting will be open to the September 2008.
E-mail: drew.dawson@dot.gov or public. Individuals wishing to register ADDRESSES: Applications may be
susan.mchenry@dot.gov must provide their name, affiliation, submitted electronically at http://
Fax: (202) 366–7149 phone number, and e-mail address to www.grants.gov or mailed to Charles G.
FOR FURTHER INFORMATION CONTACT: Drew Dawson by e-mail at Rogoff, HMIT Grants Manager, Office of
Drew Dawson, Director, Office of drew.dawson@dot.gov or by telephone Hazardous Materials Planning and
Emergency Medical Services, National at (202) 366–9966 no later than April 17, Analysis; Pipeline and Hazardous
Highway Traffic Safety Administration, 2008. There will be limited seating, so Materials Safety Administration; U.S.
1200 New Jersey Avenue, SE., NTI–140, please register early. Pre-registration is Department of Transportation; Room
Washington, DC 20590, Telephone necessary to comply with security E23–301; East Building 1200 New Jersey
number (202) 366–9966; E-mail procedures. Picture I.D. must also be Ave., SE., Washington, DC 20590.
Drew.Dawson@dot.gov. provided to enter the DOT Building and
FOR FURTHER INFORMATION CONTACT:
it is suggested that visitors arrive 30
SUPPLEMENTARY INFORMATION: Notice of minutes early in order to facilitate entry. Charles G. Rogoff, HMIT Grants
this meeting is given under the Federal The Visitor entrance is on the New Manager; Office of Hazardous Materials
Advisory Committee Act (FACA), Public Jersey Avenue side of the building. Planning and Analysis; Pipeline and
Law 92–463, as amended (5 U.S.C. App. Minutes of the NEMSAC Meeting will Hazardous Materials Safety
1 et seq.) The NEMSAC will be holding be available to the public online through Administration; U.S. Department of
its first meeting on Thursday and the DOT Document Management System Transportation; Room E23–301; East
Friday, April 24 and 25, 2008, in (DMS) at: http://dms.dot.gov under the Building 1200 New Jersey Ave., SE.,
Conference rooms #8–10 on the Main docket number listed at the beginning of Washington, DC 20590; Telephone:
Floor, West Wing, of the U.S. this notice. 202–366–0001.
Department of Transportation, 1200 SUPPLEMENTARY INFORMATION:
Jeffrey P. Michael, Availability of Funds. The Hazardous
New Jersey Avenue SE., Washington,
DC 20590. Acting Associate Administrator for Research Materials Transportation Safety and
and Program Development. Security Reauthorization Act of 2005
Agenda of Council Meeting, April 24– [FR Doc. E8–7660 Filed 4–10–08; 8:45 am] (the Act; Title VII of Pub. L. 109–59, 119
25, 2008 BILLING CODE 4910–59–P Stat. 1144 (August 10, 2005)) provides
The tentative agenda includes the for the Secretary of Transportation,
following: subject to the availability of funds, to
DEPARTMENT OF TRANSPORTATION make grants for training instructors to
Thursday, April 24, 2008 train hazardous materials employees
Pipeline and Hazardous Materials (hazmat employees) and, to the extent
(1) Federal Advisory Committee Act
Safety Administration determined appropriate, for such
and Ethics Briefing;
(2) Swearing in of members; [Docket No. PHMSA–2008–22720 (Notice instructors to train hazmat employees.
(3) Introduction of Chair and Self- No. 08–04)] The Hazardous Materials Instructor
introduction of members; Training (HMIT) Grants Program is
(4) Charge to Council and Chair’s Hazardous Materials Instructor funded by registration fees collected
remarks; Training Grants Program; Availability from certain hazardous materials
(5) Office of EMS overview; of Funds shippers and carriers in accordance
(6) Overview of Federal Interagency AGENCY: Pipeline and Hazardous with 49 CFR Part 107, Subpart G.
Committee on EMS (FICEMS); Materials Safety Administration, DOT. Approximately $4,000,000 will be
(7) Overview of Office of EMS ACTION: Notice. awarded in September 2008 for the
projects. HMIT Grants Program. These awards are
SUMMARY: The Pipeline and Hazardous available for use during a twelve-month
Friday, April 25, 2008 Materials Safety Administration budget period [October 1, 2008 to
(1) NEMSAC Operations & (PHMSA) announces the availability of September 30, 2009]. We expect grant
Procedures; funds and solicitation of applications awards to range from $250,000 to
(2) Council Discussion of EMS issues; for grants to be awarded under the $500,000 depending upon the number
(3) Public comment period; Hazardous Materials Instructor Training and quality of applications received. We
(4) Next steps and future meetings. (HMIT) Grants Program for fiscal year encourage the addition of non-Federal
A public comment period will take 2009. The HMIT Grants Program is open funds to support the training program,
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place on April 25, 2008, between 10:45 to non-profit hazardous materials but cost-sharing or matching funding is
a.m. and 11:15 a.m. (hazmat) employee organizations not required.
Public Attendance: The meeting is demonstrating expertise in conducting a Objective of the HMIT Grants
open to the public. Persons with training program for hazmat employees, Program. The objective of the HMIT
disabilities who require special and the ability to reach a target Grants Program is to ‘‘train the
assistance should advise Drew Dawson population of hazmat employees. For trainer’’—that is, to train hazmat

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Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices 19935

instructors who will then train hazmat full time, part time, or temporary such as hazards and protective measures
employees in the proper handling of employment, directly affects hazardous associated with ethanol fuel blends.
hazardous materials. Properly planned materials transportation safety. Hazmat Application requirements. The
and maintained training programs are employees include self-employed requirements in 49 CFR Part 19,
essential to ensuring that hazmat persons, including owner-operators of ‘‘Uniform Administrative Requirements
employees receive an initial and motor vehicles, vessel, or aircraft for Grants and Agreements with
continuing understanding of the risks crewmembers and employees, and Institutions of Higher Education,
involved in transporting hazardous railroad signalmen and maintenance-of- Hospitals, and other Non-Profit
materials, the relevant requirements that way employees. The term includes a Organizations’’ apply to the HMIT grant
have to be met, and the need for person who: program.
performing their duties in a way that (1) Loads, unloads, or handles An applicant must address the
will ensure their safety and the safety of hazardous materials; following factors:
others. Experience shows that effective (2) Designs, manufactures, fabricates, (1) Qualification as a non-profit
training of employees can effectively inspects, marks, maintains, hazmat employee organization,
reduce risk and the likelihood of hazmat reconditions, repairs, or tests a package, including the type or types of hazmat
incidents. Effective training of container or packaging component that employees represented and the number
employees is key to ensuring that is represented, marked, certified, or sold of employees represented.
hazardous materials are transported as qualified for use in transporting (2) Expertise and experience in
safely. hazardous material in commerce. conducting hazmat employee trainer
Due to budget and other limitations, (3) Prepares hazardous materials for education programs.
many hazmat employees cannot leave transportation; (3) Ability to train hazmat instructors
their employment locations for (4) Is responsible for safety of to reach and involve a target population
extended periods of time to attend transporting hazardous materials; or of hazmat employees.
training courses. Instructors trained (5) Operates a vehicle used to (4) Training needs assessment for the
under this grant program can offer transport hazardous materials. target population of hazmat instructors
training to a large number of hazmat In accordance with § 172.704 of the and employees. The purpose of a needs
employees at locations within close HMR hazmat employees must be trained assessment is to assess the level of
proximity to the hazmat employees’ in four areas: understanding held by students and
places of employment, thereby (1) General awareness/familiarization compare this with the desired level of
significantly minimizing employee training providing familiarity with the understanding at the completion of
travel cost and training time. requirements of the HMR and enabling training. Also required is an estimate of
As provided by the Act, funds the hazmat employee to recognize and the numbers of instructors and
awarded to an organization in identify hazardous materials consistent employees requiring training. The
accordance with the HMIT Grants with the hazard communication training curriculum and delivery
Program may be used to train hazmat requirements of the HMR, methods must be flexible enough to
instructors and, to the extent (2) Function-specific training address the needs of the students as
determined to be appropriate, for such concerning the requirements of the determined by the needs assessment.
instructors to train hazmat employees. HMR specifically applicable to the (5) Prioritization of training needs
PHMSA has determined that, because functions performed by the hazmat based on the needs assessment.
we have limited funding available, employee, (6) A training curriculum for the
grants awarded for FY 2009 (October 1, (3) Safety training including measures instructors to be trained in the program
2008–September 30, 2009) must be used to protect the employee from the and an explanation of how the training
exclusively for ‘‘train the trainer’’ hazards associated with the hazardous will be provided (e.g., classroom
programs. Grant funds are not materials to which he or she may be instruction, self-directed training using
authorized to be used to fund an exposed in the workplace, and booklets, CD or DVD modules, or
organization’s existing hazmat training (4) Security awareness training computer-based programs). The training
program. providing an awareness of the security curriculum must include details on the
Eligibility. The HMIT Grants Program risks associated with hazardous specific HMR training requirements that
is open to non-profit hazardous materials transportation and measures will be covered.
materials employee organizations to enhance transportation security. (7) A process for assessing the
demonstrating: (1) Expertise in For example, function-specific effectiveness of the training program(s)
conducting a training program for training would include training for and evaluating students. This process
hazmat employees, and (2) the ability to persons who are responsible for will involve a continuous system for
reach a target population of hazmat preparing shipments for transportation, evaluating and monitoring employee
employees. For the purposes of the including selecting an appropriate competencies including changes in
HMIT Grants program, an ‘‘employee packaging, filling the packaging, regulatory requirements, business or
organization’’ is a labor union, applying applicable package marks and operational practices, introduction of
association, group, or similar labels, and preparing shipping new equipment or procedures or any
organization the members of which are documentation. Function-specific change in business processes that
hazardous materials employees and the training would also include training for require revised or new competencies on
stated purpose of which is to represent persons responsible for performing the part of hazmat employees. Course
hazmat employees. transportation functions, such as evaluation involves the evaluation of
Two or more non-profit hazmat loading or unloading of containers and student performance as well the
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employee organizations may team transport conveyances. Safety training evaluation of the trainer, and the
together to submit a joint grant would address training related to the training program.
application. A hazmat employee, as specific hazards associated with the (8) A process to validate that the
defined under the Hazardous Materials materials to which a hazmat employee training program accomplished its
Regulations (HMR; 49 CFR Parts 171– may be exposed and protective intended purpose and its objectives
180), is a person who, in the course of measures in the event of an emergency, were achieved in the most cost effective

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19936 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices

manner. Validation involves the hazmat noncarriers, and various subsidiaries of Northeast is currently a noncarrier,
employer, the hazmat employee and the each (collectively, applicants) filed an but plans to seek authorization from the
trainer and the training organization. application under 49 U.S.C. 14303 to Federal Motor Carrier Safety
(9) A statement-of-work describing the acquire control of the newly created Administration to operate as a motor
amount of funding requested and the Megabus Northeast LLC (Northeast), common carrier of passengers. Once
activities for which the funding will be which is owned by co-applicant authorization is granted, Northeast will
used. Independent Bus Company, Inc. utilize a fleet of motorcoaches to
Review and selection process. A (Independent), a motor passenger carrier provide scheduled express bus service
committee of Federal agency and wholly owned subsidiary of Coach. over regular routes between New York
representatives with expertise in hazmat Independent also wholly owns Megabus and several cities in the Northeast and
instructor training programs will USA, LLC, a motor carrier of passengers. Middle Atlantic states, including
evaluate the grant applications. Each Applicants state that currently Washington and Boston. Applicants
grant application will be evaluated in Northeast does not hold federally issued state that initially, Megabus USA may
accordance with the following criteria: authority to operate as a motor common provide this service under its operating
(1) Organization demonstrates carrier of passengers. Applicants authority. Once Northeast obtains
quantified need for training (15%). supplemented the application in a authority, Northeast would assume
(2) Degree to which the proposed March 19, 2008 filing. This application responsibility for conducting these
training program meets the identified is filed on the premise that Northeast operations in the Northeast and Middle
training needs (15%). actually obtains the authority it seeks. Atlantic states, and Megabus USA will
(3) Number of instructors to be trained Persons wishing to oppose this continue to provide service outside the
(15%). application must follow the rules at 49 Northeast and Middle Atlantic regions.
(4) Projected number of hazmat CFR 1182.5 and 1182.8. The Board has Under 49 U.S.C. 14303(b), the Board
employees each instructor is expected to tentatively approved the transaction, must approve and authorize a
train (10%). and, if no opposing comments are transaction found to be consistent with
(5) Projected impact of the training in timely filed, this notice will be the final the public interest, taking into
reducing risk and enhancing hazmat Board action. consideration at least: (1) The effect of
transportation safety (15%). the transaction on the adequacy of
DATES: Comments must be filed by May transportation to the public; (2) the total
(6) Organization’s prior experience in 27, 2008. Applicants may file a reply by
providing hazmat instructor and fixed charges that result; and (3) the
June 10, 2008. If no comments are filed interest of affected carrier employees.
employee training and the facilities/ by May 27, 2008, this notice is effective
mechanisms in place to conduct the Applicants have submitted
on that date. information, as required by 49 CFR
training (10%).
ADDRESSES: Send an original and 10 1182.2, including the information to
(7) Efficiency and cost associated with
copies of any comments referring to STB demonstrate that the proposed
conducting the training (10%)
Docket No. MC–F–21027 to: Surface transaction is consistent with the public
(8) Ability to account for program
Transportation Board, 395 E Street, SW., interest under 49 U.S.C. 14303(b).
expenditures and program outcomes
Washington, DC 20423–0001. In Applicants state that the proposed
(10%).
addition, send one copy of comments to transaction will not adversely impact
The PHMSA Administrator will have
Applicants’ representative: David H. the adequacy of transportation services
the final approval to evaluate and select
Coburn, Steptoe & Johnson LLP, 1330 available to the public, the fixed charges
applicants and award financial
Connecticut Avenue, NW., Washington, incurred by Northeast, or the interests of
assistance. The agency may ask an
DC 20036. any motor carrier employees. Additional
applicant to modify its objectives, work
information, including a copy of the
plan, or budget and provide FOR FURTHER INFORMATION CONTACT: Julia application, may be obtained from the
supplemental information prior to Farr (202) 245–0359 [Federal Applicants’ representative.
award. The Administrator’s decision is Information Relay Service (FIRS) for the On the basis of the application, and if
final. hearing impaired: 1–800–877–8339]. Northeast does in fact obtain the
Issued in Washington, DC on April 7, 2008. SUPPLEMENTARY INFORMATION: authority as described above, we find
Theodore L. Willke, Stagecoach is a public limited company that the proposed acquisition is
Associate Administrator for Hazardous organized under the laws of Scotland. It consistent with the public interest and
Materials Safety. is one of the world’s largest providers of should be authorized. If any opposing
[FR Doc. E8–7703 Filed 4–10–08; 8:45 am] passenger transportation services and comments are timely filed, this finding
BILLING CODE 4910–60–P had annual revenues for the fiscal year will be deemed vacated, and unless a
ending April 30, 2007, of over $3 final decision can be made on the record
billion. Stagecoach and certain as developed, a procedural schedule
Surface Transportation Board intermediate subsidiaries acquired will be adopted to reconsider the
[STB Docket No. MC–F–21027] control of Coach in September 1999.1 application. See 49 CFR 1182.6(c). If no
Coach, a Delaware corporation, controls opposing comments are filed by the
Stagecoach Group PLC and Coach numerous federally regulated motor expiration of the comment period, this
USA, Inc., et al.—Control—Megabus passenger carriers. The motor carriers notice will take effect automatically and
Northeast LLC controlled by Coach had gross operating will be the final Board action.
revenues for the 12-month period Board decisions and notices are
AGENCY: Surface Transportation Board. ending with the date of this application available on our Web site at http://
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ACTION:Notice Tentatively Approving greater than the $2 million threshold www.stb.dot.gov.


Finance Transaction. required for Board jurisdiction. This decision will not significantly
affect either the quality of the human
SUMMARY: On March 13, 2008, 1 See Stagecoach Holdings PLC—Control—Coach environment or the conservation of
Stagecoach Group PLC (Stagecoach) and USA, Inc., et al., STB Docket No. MC–F–29048 (STB energy resources.
its subsidiary, Coach USA, Inc. (Coach), served July 22, 1999). It is ordered:

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