Petition for Waiver of Compliance, 17142 [05-6652]

Download as PDF 17142 Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Notices 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) has 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. North County Transit District (Supplement to Waiver Petition Docket Number FRA–2002–11809) As a supplement to North County Transit District’s (NCTD) Petition for Approval of Shared Use and Waiver of Certain Federal Railroad Administration Regulations (the Waiver was granted by the FRA on June 24, 2003), NCTD seeks permanent waiver of compliance from additional sections of Title 49 of the CFR for operation of its SPRINTER rail line between Oceanside, CA and Escondido, CA. See Statement of Agency Policy Concerning Jurisdiction Over the Safety of Railroad Passenger Operations and Waivers Related to Shared Use of the Tracks of the General Railroad System by Light Rail and Conventional Equipment, 65 FR 42529 (July 10, 2000). See also Joint Statement of Agency Policy Concerning Shared Use of the Tracks of the General Railroad System by Conventional Railroads and Light Rail Transit Systems, 65 FR 42626 (July 10, 2000). In this regard, NCTD has advanced the design and construction of the SPRINTER rail line towards implementation and in the process, has identified the following additional regulations from which it hereby seeks waivers: 49 CFR part 223 Safety Glazing Standards—Locomotives, Passenger Cars and Cabooses, Section 223.9(c); and part 229 Railroad Locomotive Safety Standards, Section 229.125(a). 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 VerDate jul<14>2003 15:19 Apr 01, 2005 Jkt 205001 appropriate docket number (e.g., Waiver Petition Docket Number 2002–11809) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. 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 at the docket facility’s Web site at https://dms.dot.gov. Anyone is able to search the electronic form of all 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). The Statement may also be found at https:// dms.dot.gov. Issued in Washington, DC on March 29, 2005. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 05–6652 Filed 4–1–05; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 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–2005–20383 Applicant: Maine Eastern Railroad, Mr. Jonathan F. Shute, General Manager, 685 Sligo Road, North Yarmouth, Maine 04097. The Maine Eastern Railroad (MERR) seeks relief from the requirements of the PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 Rules, Standard and Instructions, Title 49 CFR, part 236, section 236.312, on the Carlton Bridge, at Bath, Maine, milepost 30.0, on the Rockland Branch, to the extent that MERR be permitted to detect displacement of the bridge locking members, when displaced more than two inches from their proper position, instead of the existing one inch requirement. Applicant’s justification for relief: The bridge and interlocking have recently been upgraded with new span lock rams, new rail seat detectors, and a new signal interlocking. It is not possible to maintain the one inch span lock retraction limit in cold temperature extremes, due to the contraction of the steel members in the span itself. The contraction of the steel affects the moveable span’s west end span lock adjustment, which requires a maintainer to travel to the bridge piers to seasonally adjust both west end span lock circuit controller boxes to a setting of two inches to compensate for the contraction, and then again later in the season he must return the settings to one inch. This often places the maintainer at a safety risk due to icy conditions. The new power driven span lock rams are mechanically engaged for a distance of two feet to lock the moveable span down, and a change in the ram retraction limit from one to two inches clearly causes no safety risk. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590–0001. Communications received within 45 days of the date of this notice will be considered by the 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 https://dms.dot.gov. FRA wishes to inform all potential commenters that anyone is able to search the electronic form of all E:\FR\FM\04APN1.SGM 04APN1

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[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Page 17142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6652]



[[Page 17142]]

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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) has 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.

North County Transit District (Supplement to Waiver Petition Docket 
Number FRA-2002-11809)

    As a supplement to North County Transit District's (NCTD) Petition 
for Approval of Shared Use and Waiver of Certain Federal Railroad 
Administration Regulations (the Waiver was granted by the FRA on June 
24, 2003), NCTD seeks permanent waiver of compliance from additional 
sections of Title 49 of the CFR for operation of its SPRINTER rail line 
between Oceanside, CA and Escondido, CA. See Statement of Agency Policy 
Concerning Jurisdiction Over the Safety of Railroad Passenger 
Operations and Waivers Related to Shared Use of the Tracks of the 
General Railroad System by Light Rail and Conventional Equipment, 65 FR 
42529 (July 10, 2000). See also Joint Statement of Agency Policy 
Concerning Shared Use of the Tracks of the General Railroad System by 
Conventional Railroads and Light Rail Transit Systems, 65 FR 42626 
(July 10, 2000).
    In this regard, NCTD has advanced the design and construction of 
the SPRINTER rail line towards implementation and in the process, has 
identified the following additional regulations from which it hereby 
seeks waivers: 49 CFR part 223 Safety Glazing Standards--Locomotives, 
Passenger Cars and Cabooses, Section 223.9(c); and part 229 Railroad 
Locomotive Safety Standards, Section 229.125(a).
    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 2002-
11809) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. 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 at the docket facility's Web 
site at  https://dms.dot.gov.
    Anyone is able to search the electronic form of all 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). The Statement 
may also be found at https://dms.dot.gov.

    Issued in Washington, DC on March 29, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-6652 Filed 4-1-05; 8:45 am]
BILLING CODE 4910-06-P
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