Petition for Waiver of Compliance, 31002-31003 [05-10696]
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Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices
straight trucks for 41 years,
accumulating 2.0 million miles, and
tractor-trailer combinations for 20 years,
accumulating 100,000 miles. He holds a
Class A CDL from Georgia. His driving
record for the last 3 years shows no
crashes or convictions for moving
violations in a CMV.
17. Carl V. Murphy, Jr.
Mr. Murphy, 51, has amblyopia in his
right eye. The visual acuity in his right
eye is 20/200 and in the left, 20/20.
Following an examination in 2005, his
ophthalmologist noted, ‘‘In my medical
opinion, you have sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Murphy submitted that he has driven
straight trucks for 31 years,
accumulating 775,000 miles, and
tractor-trailer combinations for 15 years,
accumulating 375,000 miles. He holds a
Class A CDL from Texas. His driving
record for the last 3 years shows no
crashes or convictions for moving
violations in a CMV.
18. Donald L. Murphy
Mr. Murphy, 53, lost his left eye due
to an accident 21 years ago. The visual
acuity in his right eye is 20/20.
Following an examination in 2005, his
optometrist noted, ‘‘I certify that in my
medical opinion, Mr. Murphy has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Murphy reported that he
has driven straight trucks for 25 years,
accumulating 750,000 miles, and
tractor-trailer combinations for 5 years,
accumulating 25,000 miles. He holds a
Class DA CDL from Kentucky. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
19. Mark D. Page
Mr. Page, 36, has amblyopia in his left
eye. The best-corrected visual acuity in
his right eye is 20/15 and in the left, 20/
200. Following an examination in 2004,
his ophthalmologist stated, ‘‘It is in my
medical opinion that Mark Page has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Page reported that he has
driven straight trucks for 4 years,
accumulating 200,000 miles, and
tractor-trailer combinations for 11 years,
accumulating 1.2 million miles. He
holds a Class A CDL from Mississippi.
His driving record for the last 3 years
shows no crashes and one conviction for
a moving violation—speeding—in a
CMV. He exceeded the speed limit by 12
mph.
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16:14 May 27, 2005
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20. Larry D. Reynolds
Mr. Reynolds, 55, lost his left eye due
to a childhood accident. The bestcorrected visual acuity in his right eye
is 20/20. His optometrist examined him
in 2004 and certified, ‘‘In my medical
opinion, Mr. Reynolds has sufficient
vision to perform the tasks required to
operate a commercial vehicle.’’ Mr.
Reynolds reported that he has driven
straight trucks for 2 years, accumulating
75,000 miles, and tractor-trailer
combinations for 15 years, accumulating
1.8 million miles. He holds a Class A
CDL from Texas. His driving record for
the last 3 years shows one crash and no
convictions for moving violations in a
CMV. According to the police report,
Mr. Reynolds’ vehicle was struck by
another vehicle that entered his traffic
lane in a multi-vehicle crash. Neither
Mr. Reynolds nor the driver of the other
vehicle was cited in connection with the
crash.
21. Thomas D. Reynolds
Mr. Reynolds, 39, has amblyopia in
his left eye. His best-corrected visual
acuity in the right eye is 20/20 and in
the left, 20/60. Following an
examination in 2004, his optometrist
certified, ‘‘In my opinion, Mr. Reynolds
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Reynolds
reported that he has driven straight
trucks for 3 years, accumulating 15,000
miles, and tractor-trailer combinations
for 5 years, accumulating 450,000 miles.
He holds a Class A CDL from North
Carolina. His driving record for the last
3 years shows no crashes or convictions
for moving violations in a CMV.
22. Walter J. Savage, Jr.
Mr. Savage, 46, has amblyopia in his
right eye. The visual acuity in his right
eye is hand motions only and in the left,
20/20. His optometrist examined him in
2004 and noted, ‘‘Based on our
evaluation, it appears that Mr. Savage
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Savage
submitted that he has driven straight
trucks for 17 years, accumulating
204,000 miles. He holds a Class D
driver’s license from Kentucky. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
23. Thomas J. Sweeny, Jr.
Mr. Sweeny, 45, has a congenital
anomalous optic nerve in his right eye.
His best-corrected visual acuity in the
right eye is 20/400 and in the left, 20/
20. Following an examination in 2004,
his ophthalmologist certified, ‘‘In my
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opinion Mr. Sweeny should have
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Sweeny submitted that he
has driven straight trucks for 14 years,
accumulating 630,000 miles. He holds a
Class BM CDL from Pennsylvania. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
24. Louis E. Villa, Jr.
Mr. Villa, 28, has amblyopia in his left
eye. His best-corrected visual acuity in
the right eye is 20/25 and in the left,
light perception. Following an
examination in 2005, his
ophthalmologist certified, ‘‘It is my
opinion that this patient’s visual
deficiency is stable and this patient has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Villa submitted that he
has driven tractor-trailer combinations
for 3 years, accumulating 60,000 miles.
He holds a Class A CDL from California.
His driving record for the last 3 years
shows no crashes or convictions for
moving violations in a CMV.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), the FMCSA requests
public comment from all interested
persons on the exemption petitions
described in this notice. We will
consider all comments received before
the close of business on the closing date
indicated earlier in the notice.
Issued on: May 23, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–10692 Filed 5–27–05; 8:45 am]
BILLING CODE 4910–EX–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) 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 favour of
relief.
E:\FR\FM\31MYN1.SGM
31MYN1
Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices
Association of American Railroads
[Docket Number FRA–2004–19402]
On behalf of the members of both
companies, the Association of American
Railroads (AAR) and the Railway
Supply Institute (RSI), hereafter referred
to as petitioners, seek to amend the
original waiver that was granted by the
FRA regarding minimum piston travel
as prescribed by 49 CFR 232.205(b)(5)
Class I Brake Test—Initial Terminal
Inspection.
On October 4, 2004, a waiver petition
was submitted for the piston travel
requirements contained in
§ 232.205(b)(5), to reduce the minimum
length of piston travel for cars equipped
with 81⁄2-inch or 10-inch diameter brake
cylinders from seven inches to six
inches. See 69 FR 64625. On February
23, 2005, FRA granted conditional
approval of this request with respect to
light-weight cars with empty/load
valves rated below 50 percent. FRA
granted this limited approval because
the data and analysis submitted
addressed only the cars for which the
relief was granted. The petitioner
contends that FRA’s decision to limit
the waiver to only light-weight cars with
empty/load valves rated at below 50
percent will adversely affect safety
because braking performance will be
impaired. Therefore, the petitioner is
submitting this request to modify the
original waiver to include the entire
fleet of cars equipped with 81⁄2-inch or
10-inch diameter brake cylinders that
are subject to the minimum piston travel
requirements contained in
§ 232.205(b)(5).
The current minimum piston travel
requirement of seven-inches dates from
a time when automatic slack adjusters
and empty/load devices were not
widely used. Advances in empty/load
valve technology have enabled AAR to
upgrade its original brake ratio
specifications for new cars. Effective
January 1, 2004, AAR’s minimum
loaded brake ratio was increased and
the maximum empty brake ratio
decreased. This results in higher
minimum braking forces for loaded cars
and lower maximum braking forces for
empty cars, which results in a reduction
in adverse effects from excessive brake
forces being applied to wheels on empty
cars. However, these improvements
result in less than a nominal seveninches of piston travel on many empty
cars. The problem is not limited to cars
of a particular type, such as light-weight
cars or cars with empty/load valves
rated at less than 50 percent. Some cars
of concern include, but are not limited
to: 89′ flat cars weighing 82,000 pounds
(lbs) equipped with 60 percent empty/
VerDate jul<14>2003
16:14 May 27, 2005
Jkt 205001
load valves, covered hopper cars
(including grain, cement, pressure
differential, and pellet cars), mill
gondolas weighing 48,000 lbs with 50
percent empty/load valves, and cars that
have empty/load valves rated below the
original waiver’s threshold of 50 percent
but weigh more than the 45,000 lbs,
such as rapid discharge-type coal
hoppers weighing 48,500 lbs and smallcube covered hoppers weighing 53,000
lbs.
The petitioner contends that even if
the seven-inch minimum piston travel
provision could be complied with, it
would be counterproductive because a
seven-inch piston travel minimum
forces car builders to set loaded piston
travel as close as possible to the
maximum piston travel allowed under
AAR rules (73⁄4 inches) in an attempt to
meet the seven-inch minimum piston
travel for empty cars. This results in
reduced braking forces because of the
larger brake-cylinder volume and
correspondingly lower brake-cylinder
pressure. Stopping distance is thereby
increased. Concomitantly, if empty cars
are found with piston travel of less than
seven-inches and are adjusted to 71⁄2
inches while still empty, their piston
travel could exceed the maximum nineinch piston travel requirement when
loaded. This might not be discovered
until the next required testing.
Moreover, the petitioner contends that
Transport Canada has long permitted a
minimum piston travel of six-inches for
cars equipped with 81⁄2-inch or 10-inch
diameter brake cylinders. The petitioner
states that the six-inch minimum piston
travel requirement has been in effect in
Canada since 1986, and there have been
no adverse consequences from
permitting piston travel under seveninches.
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–2004–
19402) and must be submitted in
triplicate to the Docket Clerk, DOT
Central Docket Management Facility,
Room Pl–401, Washington, DC 20590–
0001. Communications received within
30 days of the date of this notice will
be considered by FRA before final
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Fmt 4703
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31003
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 DOT
Central Docket Management Facility,
Room Pl–401 (Plaza Level), 400 Seventh
Street, SW., Washington. 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 19377–78). The
statement may also be found at https://
dms.dot.gov.
Issued in Washington, DC on May 20,
2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. 05–10696 Filed 5–27–05; 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
from certain requirements of its safety
regulations. 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.
BNSF Railway
[Docket Number FRA–2003–15339]
In 2003, BNSF Railway (BNSF)
petitioned FRA requesting a waiver of
compliance from certain provisions of
49 CFR part 232, Brake System Safety
Standards for Freight and Other NonPassenger Trains and Equipment.
Specifically, § 232.103(n)(3)(i), that
requires ‘‘all hand brakes shall be fully
applied on all locomotives in the lead
consist of an unattended train.’’ See 68
FR 38740. FRA denied the petition
without prejudice on December 3, 2003.
It was stated in the denial letter that,
E:\FR\FM\31MYN1.SGM
31MYN1
]]>Agencies
[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 31002-31003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10696]
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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 favour of relief.
[[Page 31003]]
Association of American Railroads
[Docket Number FRA-2004-19402]
On behalf of the members of both companies, the Association of
American Railroads (AAR) and the Railway Supply Institute (RSI),
hereafter referred to as petitioners, seek to amend the original waiver
that was granted by the FRA regarding minimum piston travel as
prescribed by 49 CFR 232.205(b)(5) Class I Brake Test--Initial Terminal
Inspection.
On October 4, 2004, a waiver petition was submitted for the piston
travel requirements contained in Sec. 232.205(b)(5), to reduce the
minimum length of piston travel for cars equipped with 8\1/2\-inch or
10-inch diameter brake cylinders from seven inches to six inches. See
69 FR 64625. On February 23, 2005, FRA granted conditional approval of
this request with respect to light-weight cars with empty/load valves
rated below 50 percent. FRA granted this limited approval because the
data and analysis submitted addressed only the cars for which the
relief was granted. The petitioner contends that FRA's decision to
limit the waiver to only light-weight cars with empty/load valves rated
at below 50 percent will adversely affect safety because braking
performance will be impaired. Therefore, the petitioner is submitting
this request to modify the original waiver to include the entire fleet
of cars equipped with 8\1/2\-inch or 10-inch diameter brake cylinders
that are subject to the minimum piston travel requirements contained in
Sec. 232.205(b)(5).
The current minimum piston travel requirement of seven-inches dates
from a time when automatic slack adjusters and empty/load devices were
not widely used. Advances in empty/load valve technology have enabled
AAR to upgrade its original brake ratio specifications for new cars.
Effective January 1, 2004, AAR's minimum loaded brake ratio was
increased and the maximum empty brake ratio decreased. This results in
higher minimum braking forces for loaded cars and lower maximum braking
forces for empty cars, which results in a reduction in adverse effects
from excessive brake forces being applied to wheels on empty cars.
However, these improvements result in less than a nominal seven-inches
of piston travel on many empty cars. The problem is not limited to cars
of a particular type, such as light-weight cars or cars with empty/load
valves rated at less than 50 percent. Some cars of concern include, but
are not limited to: 89' flat cars weighing 82,000 pounds (lbs) equipped
with 60 percent empty/load valves, covered hopper cars (including
grain, cement, pressure differential, and pellet cars), mill gondolas
weighing 48,000 lbs with 50 percent empty/load valves, and cars that
have empty/load valves rated below the original waiver's threshold of
50 percent but weigh more than the 45,000 lbs, such as rapid discharge-
type coal hoppers weighing 48,500 lbs and small-cube covered hoppers
weighing 53,000 lbs.
The petitioner contends that even if the seven-inch minimum piston
travel provision could be complied with, it would be counterproductive
because a seven-inch piston travel minimum forces car builders to set
loaded piston travel as close as possible to the maximum piston travel
allowed under AAR rules (7\3/4\ inches) in an attempt to meet the
seven-inch minimum piston travel for empty cars. This results in
reduced braking forces because of the larger brake-cylinder volume and
correspondingly lower brake-cylinder pressure. Stopping distance is
thereby increased. Concomitantly, if empty cars are found with piston
travel of less than seven-inches and are adjusted to 7\1/2\ inches
while still empty, their piston travel could exceed the maximum nine-
inch piston travel requirement when loaded. This might not be
discovered until the next required testing. Moreover, the petitioner
contends that Transport Canada has long permitted a minimum piston
travel of six-inches for cars equipped with 8\1/2\-inch or 10-inch
diameter brake cylinders. The petitioner states that the six-inch
minimum piston travel requirement has been in effect in Canada since
1986, and there have been no adverse consequences from permitting
piston travel under seven-inches.
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-
2004-19402) and must be submitted in triplicate to the Docket Clerk,
DOT Central Docket Management Facility, Room Pl-401, Washington, DC
20590-0001. 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 DOT
Central Docket Management Facility, Room Pl-401 (Plaza Level), 400
Seventh Street, SW., Washington. 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 19377-78). The statement
may also be found at https://dms.dot.gov.
Issued in Washington, DC on May 20, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 05-10696 Filed 5-27-05; 8:45 am]
BILLING CODE 4910-06-P
