Petition for Waiver of Compliance, 80509-80510 [E8-31180]

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Download as PDF Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices North and Central Pacific Minutes, PTC123 Minutes, (Memo 0433). Intended effective date: 1 April 2009. Docket Number: DOT–OST–2008– 0350. Date Filed: November 12, 2008. Parties: Members of the International Air Transport Association. Subject: TC123, Areawide Resolutions, (Memo 0427). Minutes: TC31/TC123 Passenger Tariff Coordinating Conference, TC31 North and Central Pacific Minutes, PTC123 Minutes, (Memo 0433). Intended effective date: 1 April 2009. Docket Number: DOT–OST–2008– 0351. Date Filed: November 12, 2008. Parties: Members of the International Air Transport Association. Subject: TC123. Between Korea (Rep. of), Malaysia and USA Resolutions, (Memo 0428). Minutes: TC31/TC123 Passenger Tariff Coordinating Conference, TC31 North and Central Pacific Minutes, PTC123 Minutes, (Memo 0433). Intended effective date: 1 April 2009. Docket Number: DOT–OST–2008– 0352. Date Filed: November 12, 2008. Parties: Members of the International Air Transport Association. Subject: Technical Correction: TC3 Japan, Korea-South East Asia, Except between Korea (Rep. of) and Guam, Northern Mariana Islands, Expedited Resolution 002na, (Memo 1248). Intended effective date: 15 December 2008. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E8–31159 Filed 12–30–08; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration pwalker on PROD1PC71 with NOTICES Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief from the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR part 236, as detailed below. [Docket Number FRA–2008–0144] Applicant: New York, Susquehanna and Western Railway Corporation, Mr. VerDate Aug<31>2005 17:41 Dec 30, 2008 Jkt 217001 Nathan R. Fenno, President, 1 Railroad Avenue, Cooperstown, New York 13326. The New York, Susquehanna and Western Railway Corporation (NYSW) seeks approval of the proposed discontinuance of the Manual Block Territory and establishment of Yard Limit Territory for the SBNY Main track, milepost (MP) 270.20 (W.E. Armory Square Station) to MP 274.45 (End of Track at Carousel Mall); the SBNY Connector track, MP 272.90 (Salt Land Spur Switch) to MP 273.24 (NYSW/CSXT Property Line); and SBNY Runaround, MP 271.20 (#15 Turnout) to MP 273.24 (NYSW/CSXT Property Line), near Syracuse, New York. The reason given for the proposed changes is that the passenger train service in the area has been terminated, and the freight operations for both the NYSW and CSXT will be improved under the authority of the NYSW dispatcher located in Cooperstown, New York. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2008– 0144) and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 80509 at the docket facility’s Web site at http://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC, on December 23, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–31181 Filed 12–30–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for a waiver of compliance with certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. City of Suffolk, Virginia [Waiver Petition Docket Number FRA–2008– 0087] The City of Suffolk, Virginia (City), seeks a permanent waiver of compliance from certain provisions of the Use of Locomotive Horns at Highway-Rail Grade Crossings, 49 CFR part 222. The City intends to establish a Pre-Rule Quiet Zone that it had previously continued under the provisions of 49 CFR part 222.41(c)(1). The City is seeking a waiver to extend: (1) The mailing date for a Notice of Intent as provided in 49 CFR Part 222.41(c)(2)(i)(A) that states that the Notice of Intent must be mailed by February 24, 2008; and (2) the filing date for a Detailed Plan as provided in 49 CFR part 222.41(c)(2)(i)(B) that states that the Detailed Plan must be filed with FRA by June 24, 2008. The City states that its failure to meet the required deadlines was a direct result of its inexperience with the FRA’s policies and procedures. The City has E:\FR\FM\31DEN1.SGM 31DEN1 pwalker on PROD1PC71 with NOTICES 80510 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices dedicated staff to ensure that this oversight will not occur again. The City states that it is attempting to determine required modifications and make the necessary modifications to the crossing in question to continue the existing locomotive horn sounding restrictions. The City anticipates a cost of $300,000 to $500,000, to make the necessary upgrades in order to be in compliance with FRA regulations. The City states that it is currently negotiating with the Norfolk Southern Railway Company (NS) to garner its support for the waiver. The City also states that NS will notify FRA if it has an objection. The City decided to file the petition alone in order to expedite the process, and that a joint submission by the City and railroad is not likely to significantly contribute to public safety. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2008– 0087) and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received within 30 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at http://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments VerDate Aug<31>2005 17:41 Dec 30, 2008 Jkt 217001 received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC, on December 23, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–31180 Filed 12–30–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review Maritime Administration, DOT. Notice and request for comments. AGENCY: ACTION: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on September 23, 2008. No comments were received. DATES: Comments must be submitted on or before January 30, 2009. FOR FURTHER INFORMATION CONTACT: Ruth Develbis, Maritime Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366–2314; or e-Mail: ruth.develbis@dot.gov. Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Maritime Administration. Title: Records Retention Schedule. OMB Control No.: 2133–0501. Type of Request: Extension of currently approved collection. Affective Public: United States shipping companies receiving government financial aid. Forms: None. Abstract: Section 801 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 53101, note), requires retention of records pertaining to financial assistance programs for ship PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 construction and ship operations. These records are required to be retained to permit proper financial review of pertinent records at the conclusion of a contract when the contractor was receiving government financial assistance. Dates: Comments should be submitted on or before March 2, 2009. Annual Estimated Burden Hours: 50 hours. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: Maritime Administration Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect, if OMB receives it within 30 days of publication. Dated: December 19, 2008. Leonard Sutter, Secretary, Maritime Administration. [FR Doc. E8–31061 Filed 12–30–08; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–55 (Sub-No. 692X)] CSX Transportation, Inc.— Abandonment Exemption—in Niagara County, NY CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 1.06-mile line of railroad, known as the Wurlitzer Industrial Track, on CSXT’s Northern Region, Albany Division, Niagara Subdivision, extending from milepost QDJ 0.94 to the end of track at milepost QDJ 2.0, in North Tonawanda, Niagara County, NY. The line traverses United States Postal Service Zip Code 14120. CSXT has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted over other lines; (3) no formal complaint filed by a user E:\FR\FM\31DEN1.SGM 31DEN1

Agencies

[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80509-80510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31180]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

City of Suffolk, Virginia

[Waiver Petition Docket Number FRA-2008-0087]

    The City of Suffolk, Virginia (City), seeks a permanent waiver of 
compliance from certain provisions of the Use of Locomotive Horns at 
Highway-Rail Grade Crossings, 49 CFR part 222. The City intends to 
establish a Pre-Rule Quiet Zone that it had previously continued under 
the provisions of 49 CFR part 222.41(c)(1). The City is seeking a 
waiver to extend: (1) The mailing date for a Notice of Intent as 
provided in 49 CFR Part 222.41(c)(2)(i)(A) that states that the Notice 
of Intent must be mailed by February 24, 2008; and (2) the filing date 
for a Detailed Plan as provided in 49 CFR part 222.41(c)(2)(i)(B) that 
states that the Detailed Plan must be filed with FRA by June 24, 2008.
    The City states that its failure to meet the required deadlines was 
a direct result of its inexperience with the FRA's policies and 
procedures. The City has

[[Page 80510]]

dedicated staff to ensure that this oversight will not occur again.
    The City states that it is attempting to determine required 
modifications and make the necessary modifications to the crossing in 
question to continue the existing locomotive horn sounding 
restrictions. The City anticipates a cost of $300,000 to $500,000, to 
make the necessary upgrades in order to be in compliance with FRA 
regulations.
    The City states that it is currently negotiating with the Norfolk 
Southern Railway Company (NS) to garner its support for the waiver. The 
City also states that NS will notify FRA if it has an objection. The 
City decided to file the petition alone in order to expedite the 
process, and that a joint submission by the City and railroad is not 
likely to significantly contribute to public safety.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0087) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received within 30 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov. 
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC, on December 23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-31180 Filed 12-30-08; 8:45 am]
BILLING CODE 4910-06-P