[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62596-62601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25261]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
Interim Guidance on State Freight Plans and State Freight
Advisory Committees
AGENCY: Office of the Secretary of Transportation (OST), U.S.
Department of Transportation (DOT), Federal Aviation Administration
(FAA), Federal Highway Administration (FHWA), Federal Motor Carriers
Administration (FMCSA) Federal Railroad Administration (FRA), Maritime
Administration (MARAD), Pipeline and Hazardous Materials Safety
Administration (PHSMA), Research and Innovative Technology
Administration (RITA), St. Lawrence Seaway Development Corporation
(SLSDC).
ACTION: Notice of Interim Guidance and Request for Comments.
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SUMMARY: On July 6, 2012, the President signed into law Public Law 112-
141, the Moving Ahead for Progress in the 21st Century Act (MAP-21).
Section 1118 of MAP-21 directs the Secretary of Transportation to
encourage each State to develop a comprehensive State Freight Plan that
outlines immediate and long-range plans for freight-related
transportation investments. Section 1117 of MAP-21 directs the
Secretary to encourage each State to establish a State Freight Advisory
Committee. The Department of Transportation is issuing this Notice to
provide Interim Guidance on both State Freight Plans and State Freight
Advisory Committees. It encourages States to develop State Freight
Plans and provides guidance to States on the required elements of a
State Freight Plan and information on funding and on the relationship
of State Freight Plans to other provisions of MAP-21. It encourages
States to develop State Freight Advisory Committees as part of the
process for developing a State Freight Plan. The Department requests
public comments on all aspects of this Interim Guidance.
DATES: All public comments must be received by November 15, 2012.
ADDRESSES: You may send comments identified by Docket Number DOT-OST-
2012-0168 using any of the following methods:
Government-wide rulemaking Web site: http://www.regulations.gov and
follow the instructions for sending your comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
Fax 1-202-493-2251.
Courier: commercial delivery service, such as, but not limited to
the following--Federal Express or United Parcel Service, addressed to
Docket Management Facility, U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC between 9
a.m. and 5 p.m. Monday through Friday, except Federal holidays.
The Department will post all comments received, without change, to
http://www.regulations.gov, including any personal information. If you
mail or hand deliver your comments and want the Department to
acknowledge receipt of your comments, include with your comments a pre-
addressed, stamped postcard on which the docket number appears. We will
stamp the date on the postcard and mail it to you.
Docket: To read background documents or comments received, go to
http://www.regulations.gov or to Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m. Monday through Friday, except Federal
holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments
[[Page 62597]]
received in any of our dockets by the name of the individual submitting
the comment (or signing the comment if submitted on behalf of an
association, a business, a labor union, etc.). You may review the
Department's complete Privacy Act statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78), or you may visit http://www.dot.gov/privacy.html.
This Interim Guidance will also be posted on the Department's MAP-
21 Web site (www.dot.gov/map21).
FOR FURTHER INFORMATION CONTACT: Mr. Jack Wells, Chief Economist, 1200
New Jersey Avenue SE., Washington, DC 20590. Telephone Number (202)
366-9224 or Email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Program Purpose
II. Policy
III. Funding
IV. Contents of State Freight Plans
V. The State Freight Planning Process
VI. Data and Analytical Resources for State Freight Planning
VII. Request for Comments
I. Background and Program Purpose
The purpose of this document is to provide guidance on the
implementation of Section 1118 (State Freight Plans) and Section 1117
(State Freight Advisory Committees) of the Moving Ahead for Progress in
the 21st Century Act (MAP-21). Section 1118 directs the Secretary of
Transportation to encourage States to develop freight plans that are
comprehensive and that include both immediate and long-term freight
planning activities and investments. Section 1117 directs the Secretary
to encourage each State to establish a State Freight Advisory Committee
consisting of a representative cross-section of public and private
freight stakeholders. Section 1118 specifies certain minimum contents
for State Freight Plans, and states that such a plan may be developed
separate from or be incorporated into the statewide strategic long-
range transportation plan required by section 135 of title 23, United
States Code.
Section 1116 of MAP-21 (Prioritization of Projects to Improve
Freight Movement) authorizes the Secretary to increase the Federal
share payable for any project to 95 percent for projects on the
Interstate System and 90 percent for any other project if the Secretary
certifies that the project:
Demonstrates the improvement made by the project to the
efficient movement of freight (including making progress on freight
performance measures established under MAP-21) and
Is identified in a State Freight Plan developed pursuant
to section 1118.
The Federal Highway Administration will be issuing separate
guidance on the implementation of Section 1116. One purpose of this
guidance is to inform States of the freight planning process they must
undertake to qualify for the freight prioritization provisions of
Section 1116.
II. Policy
The U.S. Department of Transportation strongly encourages all
States to develop State Freight Plans. The Department believes that
freight transportation, because its effects are often regional or
national in scope, and includes freight providers that own and operate
private infrastructure, has often been more difficult for States to
incorporate into their planning process than has passenger
transportation, and that accordingly infrastructure investments and
other State policy initiatives related to freight transportation have
often received less funding and attention than passenger-related
initiatives. Because freight transportation is critical to the economic
vitality of the United States, renewed attention to safe and efficient
freight transportation can have a positive effect on the economic
growth of the United States.
State Freight Plans can identify freight transportation facilities
that are critical to each State's economic growth and give appropriate
priority to investments in such facilities. In doing so, such Plans can
enhance economic growth at both the State and National level, thus
enhancing the Nation's economic competitiveness. State Freight Plans
can also help to guide investments and other policies that will help to
achieve the Department's other strategic goals, including safety, state
of good repair, livability, and environmental sustainability. State
Freight Plans can also identify freight transportation facilities that
are critical to export movements and, by directing resources toward
improving those facilities, assist the United States in meeting the
goals of the President's National Export Initiative.
The State Freight Plan may be developed separate from or
incorporated into the statewide strategic long-range transportation
plan required by section 135 of title 23, United States Code. If the
State Freight Plan is separate from the statewide strategic long-range
transportation plan, each plan should show how the findings of the
State Freight Plan are incorporated into the statewide strategic long-
range transportation plan. If the two plans are combined, the statewide
strategic long-range transportation plan should include a separate
section focused on freight transportation, and must include the
elements specified in section 1118. Other State transportation plans,
such as State Rail Plans, are required by statute to be coordinated
with section 135 of title 23, and as a consequence the freight
component of those plans should be incorporated into the State Freight
Plan to ensure a comprehensive and system-wide planning approach.
The Department also strongly encourages all States to establish
State Freight Advisory Committees. Such Advisory Committees are an
important part of the process needed to develop a thorough State
Freight Plan. Bringing together the perspectives and knowledge of
public and private partners, including shippers, carriers, and
infrastructure owners and operators, is important to developing a
quality State Freight Plan.
The Department will be developing a multimodal National Freight
Strategic Plan in accordance with the requirements of Section 1115 of
MAP-21, and intends to rely significantly on the freight plans prepared
by the States.
III. Funding
Authorization level under MAP-21: There is no formula or
discretionary funding specifically associated with State Freight Plans
or State Freight Advisory Committees.
States may use funding allocated under the Surface Transportation
Program (23 U.S.C. 133) for developing State Freight Plans, as well as
funding under the State Planning and Research Program (23 U.S.C. 505).
They may also use carryover balances from National Highway System funds
authorized under SAFETEA-LU (23 U.S.C. 103(b)(6)(E) as in effect on the
day before enactment of MAP-21) that can be used for transportation
planning in accordance with 23 U.S.C. 134 and 135 (23 U.S.C. 103 was
amended by MAP-21 section 1104, which eliminated the National Highway
System Program under section 103, and hence eliminated the funding for
planning under section 103 as amended).
IV. Contents of State Freight Plans
Section 1118 of MAP-21 requires that a State Freight Plan developed
pursuant to Section 1118 include, at a minimum, the following elements:
An identification of significant freight system trends,
needs, and issues with respect to the State;
[[Page 62598]]
A description of the freight policies, strategies, and
performance measures that will guide the freight-related transportation
investment decisions of the State;
A description of how the plan will improve the ability of
the State to meet the national freight goals established under section
167 of title 23, United States Code;
Evidence of consideration of innovative technologies and
operational strategies, including intelligent transportation systems,
that improve the safety and efficiency of freight movement;
In the case of routes on which travel by heavy vehicles
(including mining, agricultural, energy cargo or equipment, and timber
vehicles) is projected to substantially deteriorate the condition of
roadways, a description of improvements that may be required to reduce
or impede the deterioration; and
An inventory of facilities with freight mobility issues,
such as truck bottlenecks, within the State, and a description of the
strategies the State is employing to address those freight mobility
issues.
In addition to these minimum elements required by section 1118, the
Department has provided additional recommended elements based on what
States have found useful to include in freight plans that have already
been prepared, as well as on consistency with the requirements for the
National Freight Strategic Plan, found in 23 U.S.C 167(f).
State Freight Plans may be organized in any structure that works
best for individual States, as long as they cover the required
elements; however, in order to aid States in addressing the required
criteria, and to facilitate the incorporation of analysis from the
State Freight Plans into the National Freight Strategic Plan, as well
as to aid in conceptualizing the detailed issues surrounding robust
freight planning, DOT is suggesting the following structure as a
recommended model for states to follow.
1. Strategic Goals
As specified in section 1118, a State Freight Plan must include a
description of how the plan will improve the ability of the State to
meet the national freight goals established under 23 U.S.C. 167. The
following is a summary of the goals of the National Freight Policy
established in 23 U.S.C. 167:
Improving the contribution of the freight transportation
system to economic efficiency, productivity, and competitiveness;
Reducing congestion on the freight transportation system;
Improving the safety, security, and resilience of the
freight transportation system;
Improving the state of good repair of the freight
transportation system;
Using advanced technology, performance management,
innovation, competition, and accountability in operating and
maintaining the freight transportation system;
Reducing adverse environmental and community impacts of
the freight transportation system.
The Department recommends that each State Freight Plan also include a
discussion of the State's strategic goals for freight transportation.
These goals would include the goals of the National Freight Policy
summarized above, but States may also add other strategic goals. The
Department recommends that State Freight Plans indicate which goals are
most important to the State.
2. The Economic Context of Freight Transportation Planning
The Department recommends that each State Freight Plan include a
discussion of the role that freight transportation plays in the State's
overall economy. This section would identify what industries are most
important to the State, and what supply chains (including the
transportation modes that support them) are critical to the State's
industries. In particular, it would indicate what supply chains
involving the State are important to exports, whether the exports of
that State or of other States.
3. Freight Policies, Strategies, and Institutions
As specified in section 1118, a State Freight Plan must include a
discussion of the State's freight policies and strategies that will
guide the freight-related transportation investment decisions of the
State. The Department recommends that this section also discuss how
these freight policies and strategies will guide not just freight-
related transportation investment decisions of the State, but also the
broader freight improvement strategy of the State, including
operational strategies and policy changes. The Department recommends
that this discussion also:
Include the State's grant and loan programs that are
available to pay for freight-related transportation infrastructure;
Identify the State's freight-related institutions,
including transportation-related infrastructure owners and regulatory
authorities, such as the State DOT, port authorities, toll roads, and
bridge and tunnel authorities;
Explain the governance structures and funding mechanisms
for such authorities (e.g., whether the authorities are controlled by
the governor or are independent, and whether the authority has a
dedicated source of revenue);
Identify private transportation infrastructure owners,
such as railroads, terminals, pipelines, and freight transfer
facilities;
Identify statutory and constitutional constraints on
freight-related investments and policies, such as prohibitions on
spending State funds for certain kinds of freight infrastructure;
Discuss regional freight planning activities in which the
State participates, such as planning for key multi-state freight
corridors, multi-state metropolitan areas, or for other regional groups
of States; and
Set out the State's priorities in freight transportation
infrastructure development.
4. State Freight Transportation Assets
As specified in section 1118, a State Freight Plan must include an
inventory of facilities with freight mobility issues. The Department
recommends that this inventory also include a complete inventory of the
State's freight transportation assets. This would include a description
of the State's transportation infrastructure in all freight-carrying
modes, the warehousing and intermodal facilities located in the State,
and the freight gateways and corridors that are located in or that pass
through the State. MAP-21 places particular emphasis on transportation
infrastructure that is used to serve areas of the State that are
significant for energy development, mining, agriculture, and timber
production, and the Department recommends that the State Freight Plan
inventory note particularly routes that are used to move equipment for
these productive activities into those areas and for moving the output
of those productive activities out of those areas.
5. The Conditions and Performance of the State's Freight Transportation
System
As specified in section 1118, a State Freight Plan must include the
performance measures that will guide the freight-related transportation
investment decisions of the State. The Department recommends that this
discussion also include an analysis of the conditions and performance
of the State's freight transportation system. This analysis would
include the identification of bottlenecks in the
[[Page 62599]]
freight transportation system that cause delays and unreliability in
freight movements, as well as other specific locations that are in a
poor state of good repair, create safety hazards, or create other
performance problems. The National Freight Strategic Plan also is
required to include an analysis of the conditions and performance of
the national freight system, and when those measures of freight
conditions and performance are established, the Department recommends
that State Freight Plans include those measures. Until those measures
are established, however, the Department recommends that States use the
measures of condition and performance that they consider to be most
reasonable and appropriate. In general, the Department recommends that
measures of conditions and performance reflect the State's freight
transportation goals--for each goal, there would be at least one
measure of condition or performance that indicates how well the freight
transportation system is doing in achieving that goal.
The Department recommends that States use measures of conditions of
transportation infrastructure that reflect the quality of service that
this infrastructure provides to users of that infrastructure and to the
general public. Similarly, measures of the performance of the freight
transportation system would reflect the quality of freight service
provided to freight shippers and the impact of the freight
transportation system on the general public. Measures of conditions and
performance would reflect outcomes that are directly important to the
system's users and to the general public (for example, reductions in
crashes, fatalities, and injuries; reduced delay and congestion; and
reduced vehicle operating costs); The Department recommends that States
try to avoid using measures that are not of direct importance to users
and the general public (for example, miles of track or number of
bridges inspected each year).
6. Freight Forecast
Consistent with one of the required elements of the National
Freight Strategic Plan, which must be developed in consultation with
the States, the Department recommends that State Freight Plans include
a 20-year forecast of freight transportation demands, broken down by
mode of transportation and commodity classification, and showing
demands for transportation of freight coming into the State, outbound
from the State, passing through the State between outside origin and
destination points, and moving intrastate between origin and
destination points within the State. The freight forecast could draw
upon the forecast prepared by the Federal Highway Administration's
(FHWA) Office of Freight Management and Operations and on the Federal
Aviation Administration's national and airport-level forecasts of air
cargo. The FHWA forecast includes projected tonnage for each mode--
truck, rail, air (air and truck), water, and pipeline.
7. Overview of Trends, Needs, and Issues
As specified in section 1118, a State Freight Plan must identify
significant freight system trends, needs, and issues with respect to
the State. The Department recommends that this discussion also include
how emerging trends make those needs and issues of greater
significance, or how these trends affect how those needs and issues can
be addressed.
8. Strengths and Problems of the State's Freight Transportation System
The Department recommends that a State Freight Plan include an
analysis of the strengths of the State's freight system that it wishes
to preserve and the problems that it wishes to solve. This analysis
would show what the strengths of the State's freight system are that
the State wishes to build upon; it would also show in what respects the
State's freight system does not meet the State's goals, and indicate
which problems are most important for the State to address. Some of
these might include problems that the State expects to develop in the
future as a result of increasing demand for freight transportation or
other trends that the State is anticipating.
9. The State's Decision-Making Process
The Department recommends that a State Freight Plan include a
discussion of the State's decision-making process on freight
transportation improvements, including how the State conducted outreach
to stakeholders and the public and how the State prioritized the
various strategies, projects, and policy changes it considered. This
discussion would show how the State coordinated improvements to
different modes of transportation in order to achieve its goals in the
most cost-effective way. It would also discuss ways in which the State
coordinated with other States in regional freight planning efforts, and
with metropolitan areas within the State that have done freight
planning.
The Department encourages States to conduct economic analysis as
part of the State Freight Plan, including analyses of benefits and
costs of various improvements that they are considering. If economic
analysis has been conducted, the results of that analysis should be
reported in this portion of the State Freight Plan. The discussion
would show how the State compared alternative approaches to achieving
the same goal. As specified in section 1118, the discussion must also
show evidence of consideration of operational strategies (such as
congestion pricing) or innovative technologies (such as use of
intelligent transportation systems (ITS)) that improve the safety and
efficiency of freight movement. If an economic analysis is provided, it
would be particularly useful to estimate benefits and costs of each
alternative considered.
10. The State's Freight Improvement Strategy
As specified in section 1118, a State Freight Plan must include a
description of the strategies the State is employing to address freight
mobility issues. The Department recommends that this description also
include a presentation of the State's complete freight improvement
strategy, with different improvements ranked in order of priority (or
grouped into higher and lower priority groups). This presentation of
the State's freight improvement strategy would include an analysis of
how each improvement will advance the State's strategic goals, relating
to:
Capital investments;
Operational improvements, such as congestion pricing and
travel demand management;
Policy changes, including performance management,
competition, and accountability initiatives; and
Expanded use of ITS and other innovative technologies.
The strategy would also include:
An analysis of how proposed improvements will affect
specific supply chains and industries that have been identified as
important to the State in Section 2;
Because MAP-21 places particular emphasis on
infrastructure that is used for transporting mining, agricultural,
energy, and timber equipment and products, a discussion of how those
freight transportation routes would be affected (and in particular how
the strategy would impede the deterioration in the condition of
infrastructure on those routes);
An analysis of the improvements in outcomes that are
expected to result from the proposed freight improvements;
A discussion of how the freight plan relates to other
transportation
[[Page 62600]]
plans, such as a state rail plan, a long-range statewide transportation
plan, or a metropolitan area freight plan; and
A discussion of how the State's Freight Improvement Strategy
coordinates with plans of other adjacent States, including groups of
States that work together to plan for freight transportation along key
multi-state freight corridors, in multi-state metropolitan areas, or
through other regional groupings.
11. Implementation Plan
Finally, the Department recommends that a State Freight Plan
include a comprehensive implementation plan, showing both short-term
and long-term strategies, and including an approximate time schedule
for each proposed freight improvement. This implementation plan would
include an analysis of which capital improvements have the potential to
generate a revenue stream, and hence which projects have the potential
to be funded with loans (repaid from the revenue stream) rather than
solely through grants or general funds. The Plan would include a
funding plan, showing how each project will be funded, including those
funded by grants, loans, and public-private partnerships. The Plan
would discuss the State's proposed partnerships with private
infrastructure owners, such as railroads, terminal operators, and
pipeline companies. Finally, the Plan would discuss how the State
proposes to work with adjacent States on projects that cross State
lines, or on freight corridors that cross State lines (even if the
project itself is all in one State).
V. The State Freight Planning Process
The Department recommends that States use a collaborative process
for freight planning that involves all of the relevant stakeholders
affected by the freight transportation system. These stakeholders would
include owners of freight transportation infrastructure (both public
and private); carriers operating on publicly-owned freight
infrastructure; shippers and freight forwarders; representatives of
employees of these stakeholders; State, local, and tribal governments;
and the general public. Stakeholders might be domiciled both inside the
State and outside of the State.
States are strongly encouraged to establish State Freight Advisory
Committees to facilitate this collaborative process. As specified in
section 1117 of MAP-21, State Freight Advisory Committees should
include representatives of a cross-section of public and private sector
experts and stakeholders. These might include representatives of:
The transportation department of the State;
Metropolitan planning organizations, councils of
government, regional councils, and other regional and planning
organizations;
Local and tribal governments;
Independent transportation authorities, such as seaport
and airport authorities, toll highway authorities, and bridge and
tunnel authorities;
Private infrastructure owners, such as railroads and
pipelines;
Carriers, including carriers operating on their own
infrastructure and carriers operating on publicly-owned infrastructure;
Shippers and freight forwarders;
Freight-related associations;
Organizations representing the freight industry workforce;
Environmental, safety, and community organizations; and
Independent transportation experts, including academic
specialists and consultants.
State Freight Advisory Committees should be charged with
Advising the State on freight-related priorities, issues,
projects, and funding needs;
Serving as a forum for discussion of State decisions
affecting freight transportation;
Communicating and coordinating regional priorities with
other organizations;
Promoting the sharing of information between the private
and public sectors on freight issues; and
Participating in the development of the State's Freight
Plan.
VI. Data and Analytical Resources for State Freight Planning
The modal administrations of the U.S. Department of Transportation
and other departments in the U.S. Government can provide a wide range
of data and analysis to assist States in the freight planning process.
The following is a series of links to internet Web sites that provide
useful data and analysis resources:
General Data and Analysis Sources on Freight
Commodity Flow Survey: http://www.bts.gov/publications/commodity_flow_survey/
Data Sources Related to Freight Transportation: http://www.ops.fhwa.dot.gov/freight/freight_analysis/data_sources/index.htm
Freight Analysis Framework: http://www.ops.fhwa.dot.gov/freight/freight_analysis/faf/index.htm
Freight Performance Measures: http://www.ops.fhwa.dot.gov/freight/freight_analysis/travel_time.htm
Quick Response Freight Manual: http://www.ops.fhwa.dot.gov/freight/publications/qrfm2/index.htm
Maritime Statistics
USA Trade Online (The Official Source for U.S. Merchandise Trade
Data), U.S. Census Bureau: https://www.usatradeonline.gov/
Navigation Data Center, Waterborne Commerce Statistics Center, U.S.
Army Corps of Engineers: http://www.ndc.iwr.usace.army.mil/wcsc/wcsc.htm
Navigation Data Center, Vessel Entrances and Clearances, U.S. Army
Corps of Engineers: http://www.ndc.iwr.usace.army.mil/data/dataclen.htm
Maritime Statistics, U.S. Maritime Administration: http://www.marad.dot.gov/library_landing_page/data_and_statistics/Data_and_Statistics.htm
Marview Statistics, U.S. Maritime Administration: www.marview.gov/
Rail Freight Resources and Statistics
The Preliminary National Rail Plan: http://www.fra.dot.gov/Downloads/RailPlanPrelim10-15.pdf
The National Rail Plan Progress Report: http://www.fra.dot.gov/downloads/NRP_Sept2010_WEB.pdf
The Proposed State Rail Plan Guidance: http://www.fra.dot.gov/rpd/passenger/fp_Proposed_State_Rail_Plan_Guidance.shtml
Comparative Evaluation of Rail and Truck Fuel Efficiency on
Competitive Corridors: http://www.fra.dot.gov/Downloads/Comparative_Evaluation_Rail_Truck_Fuel_Efficiency.pdf
Discussion of the confidential Carload Waybill Sample and State
access: http://www.stb.dot.gov/stb/industry/econ_waybill.html
National Transportation Atlas Database includes FRA rail network:
http://www.bts.gov/publications/national_transportation_atlas_database/
Online highway rail grade crossing investment analysis tool: http://gradedec.fra.dot.gov/
Interactive mapping application that allows users to view aspects of
railroad infrastructure: http://fragis.frasafety.net/GISFRASafety/default.aspx
Air Freight Statistics
FAA Air Cargo forecasts: http://www.faa.gov/about/office_org/headquarters_offices/apl/aviation_forecasts/aerospace_forecasts/2012-2032/
Click on ``Forecast Tables, US Commercial and Foreign Flag
Carriers, Tables 5-23.'' Cargo forecasts are Tables 19 and 20.
VII. Request for Comments
DOT invites interested parties to submit comments on any aspect of
the Department's implementation of MAP-21 requirements for State
Freight Plans or State Freight Advisory Committees. The Department will
consider these comments as it continues to implement the freight
provisions of the law. The instructions for submitting comments can be
found in the Addresses section above. Late-filed comments will be
considered to the extent practicable.
[[Page 62601]]
Issued in Washington, DC, on October 5, 2012.
Ray LaHood,
Secretary.
[FR Doc. 2012-25261 Filed 10-12-12; 8:45 am]
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