Petition for Waiver of Compliance, 35770-35771 [05-12117]

Download as PDF 35770 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6470). (These telephone numbers are not tollfree.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Pub. L. 104–13, Section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On April 12, 2005, FRA published a 60-day notice in the Federal Register soliciting comment on ICRs that the agency was seeking OMB approval. 70 FR 19142. FRA received no comments in response to this notice. Accordingly, DOT announces that these information collection activities have been reevaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c). Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30 day notice is published. 44 U.S.C. 3507 (b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995. The summaries below describe the nature of the information collection requirements (ICRs) and the expected burden. The revised requirements are being submitted for clearance by OMB as required by the PRA. Title: Supplemental Qualifications Statement for Railroad Safety Inspector Applicants. OMB Control Number: 2130–0517. Type of Request: Extension of a currently approved collection. Affected Public: Individuals or Households. Form Number: FRA–F–120. Abstract: The Supplemental Qualifications Statement for Railroad Safety Inspector Applicants is an VerDate jul<14>2003 22:07 Jun 20, 2005 Jkt 205001 information collection instrument used by FRA to gather additional background data so that FRA can evaluate the qualifications of applicants for the position of Railroad Safety Inspector. The questions cover a wide range of general and specialized skills, abilities, and knowledge of the five types of railroad safety inspector positions. Annual Estimated Burden: 6,000 hours. Title: Railroad Worker Protection (49 CFR 214). OMB Control Number: 2130–0539. Type of Request: Extension of a currently approved collection. Affected Public: Railroads. Form Number: FRA F 6180.119. Abstract: This rule establishes regulations governing the protection of railroad employees working on or near railroad tracks. The regulation requires that each railroad devise and adopt a program of on-track safety to provide employees working along the railroad with protection from the hazards of being struck by a train or other on-track equipment. Elements of this on-track safety program include an on-track safety manual; a clear delineation of employers’ responsibilities, as well as employees’ rights and responsibilities thereto; well-defined procedures for communication and protection; and annual on-track safety training. The program adopted by each railroad is subject to review and approval by FRA. Part 214 regulations have been deemed different enough from the Part 213 regulations as to require a separate and distinct reporting form (new Form FRA F 6180.119). Regardless of discipline, the FRA inspector will complete the new Roadway Workplace Safety Violation Report Form (FRA F 6180.119) when recommending civil penalties for Part 214 infractions. Annual Estimated Burden: 589,840 hours. Addressee: Send comments regarding this information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC 20503, Attention: FRA Desk Officer. Comments are invited on the following: Whether the proposed collections of information are necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimates of the burden of the proposed information collections; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collections of information on respondents, including the use of PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 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 of this notice in the Federal Register. Authority: 44 U.S.C. 3501–3520. Issued in Washington, DC on June 10, 2005. D.J. Stadtler, Director, Office of Budget, Federal Railroad Administration. [FR Doc. 05–12116 Filed 6–20–05; 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 Company [Docket Number FRA–2004–19949] The BNSF Railway Company (BNSF) seeks a waiver of compliance from certain provisions of 49 CFR Part 232, Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment. Specifically, § 232.215(a), transfer train brake tests for trains moving from Old South Yard to New South Yard in Houston, Texas, a distance of approximately 1⁄4 mile. New South Yard is located approximately one-fourth of a mile south of Old South Yard. Both yards are approximately one mile in length. The two yards are separated by a one-fourth mile section of main track. Train speed in both yards is 10 mph. Maximum speed on the main track is 20 mph, but trains operating between the two yards operate at 10 mph and must be prepared to stop within one-half the range of vision. The grade of the main track is level, sight distance is unobstructed, and there are no at-grade road crossings or grade separations on the main track. After a review of the particulars at this location, FRA determined that any cars moved between Old South Yard and New South Yard constitutes a train movement, thus requiring an air brake test. BNSF contends that an air brake test is not required at this particular E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices location for cars being moved from one yard to the other. They base their opinion on the multi-factor analysis as presented in the preamble to the Power Brake Regulations published in the Federal Register, January 17, 2001. See 66 FR 4148. BNSF believes all of the moves between the two yards are switching moves. Based on FRA’s ruling, BNSF is requesting that a waiver be granted for cars moving from Old South Yard to New South Yard without performing an air brake test, to facilitate the movement of cars through this already congested area. BNSF claims they have been operating within and between the yards since 1998, using only the locomotive’s brakes to control the movement. In addition to moving cars between the two yards, the main track is often used while switching service is occurring within each yard, due to the small size of the yards. BNSF does not believe that there are any inherent safety risks or additional costs involved if the petition is granted. Interested parties are invited to submit written comments to FRA. All written communications concerning this petition should identify the appropriate docket number (e.g., Docket Number FRA–2004–19949) and must be submitted in triplicate to the Associate Administrator for Safety, Federal Railroad Administration, 400 7th Street, SW., Washington, DC 20590–0001. Comments received within 30 days of the date of this notice will be considered by FRA before any final action is taken. Although FRA does not anticipate scheduling a public hearing in connection with these proceedings, 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 written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the Central Docket Management Facility, Room PL– 401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site http://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, VerDate jul<14>2003 22:07 Jun 20, 2005 Jkt 205001 (Volume 65, Number 70; Pages 19477– 78) at http://dms.dot.gov. Issued in Washington, DC on June 13, 2005. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 05–12117 Filed 6–20–05; 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 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. Hillsborough Area Regional Transit (Renewal With Amendment to Waiver Petition Docket Number FRA–2002– 13398) Hillsborough Area Regional Transit (HARTLine), located in Tampa, Florida, seeks renewal, with amendment, of the conditions of its permanent waiver of compliance from Title 49 of the CFR for continued operation of its TECO Line streetcar system at a ‘‘limited connection’’ with the CSXT Railroad. 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 September 2004 the FRA Railroad Safety Board granted an extension of HARTLine’s original waiver and its conditions for a period of eight months. HARTLine is now notifying the FRA of some modifications to its operating plan and equipment, and is requesting a permanent waiver of compliance, to include these modifications. Based on the foregoing and with some modifications, HARTLine is seeking to renew its existing waiver of compliance from the provisions of the Code of Federal Regulations, 49 CFR part 219- PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 35771 Control of Alcohol and Drug Use, 49 CFR part 223 Safety Glazing Standards, and 49 CFR part 238-Passenger Equipment Safety Standards. 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 communication concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2002– 13398) 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 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://dms.dot.gov. Issued in Washington, DC, on June 13, 2005. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 05–12120 Filed 6–20–05; 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) 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. E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35770-35771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12117]


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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 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 Company

[Docket Number FRA-2004-19949]

    The BNSF Railway Company (BNSF) seeks a waiver of compliance from 
certain provisions of 49 CFR Part 232, Brake System Safety Standards 
for Freight and Other Non-Passenger Trains and Equipment. Specifically, 
Sec.  232.215(a), transfer train brake tests for trains moving from Old 
South Yard to New South Yard in Houston, Texas, a distance of 
approximately \1/4\ mile.
    New South Yard is located approximately one-fourth of a mile south 
of Old South Yard. Both yards are approximately one mile in length. The 
two yards are separated by a one-fourth mile section of main track. 
Train speed in both yards is 10 mph. Maximum speed on the main track is 
20 mph, but trains operating between the two yards operate at 10 mph 
and must be prepared to stop within one-half the range of vision. The 
grade of the main track is level, sight distance is unobstructed, and 
there are no at-grade road crossings or grade separations on the main 
track.
    After a review of the particulars at this location, FRA determined 
that any cars moved between Old South Yard and New South Yard 
constitutes a train movement, thus requiring an air brake test. BNSF 
contends that an air brake test is not required at this particular

[[Page 35771]]

location for cars being moved from one yard to the other. They base 
their opinion on the multi-factor analysis as presented in the preamble 
to the Power Brake Regulations published in the Federal Register, 
January 17, 2001. See 66 FR 4148. BNSF believes all of the moves 
between the two yards are switching moves.
    Based on FRA's ruling, BNSF is requesting that a waiver be granted 
for cars moving from Old South Yard to New South Yard without 
performing an air brake test, to facilitate the movement of cars 
through this already congested area. BNSF claims they have been 
operating within and between the yards since 1998, using only the 
locomotive's brakes to control the movement. In addition to moving cars 
between the two yards, the main track is often used while switching 
service is occurring within each yard, due to the small size of the 
yards. BNSF does not believe that there are any inherent safety risks 
or additional costs involved if the petition is granted.
    Interested parties are invited to submit written comments to FRA. 
All written communications concerning this petition should identify the 
appropriate docket number (e.g., Docket Number FRA-2004-19949) and must 
be submitted in triplicate to the Associate Administrator for Safety, 
Federal Railroad Administration, 400 7th Street, SW., Washington, DC 
20590-0001. Comments received within 30 days of the date of this notice 
will be considered by FRA before any final action is taken. Although 
FRA does not anticipate scheduling a public hearing in connection with 
these proceedings, 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 written 
communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th 
Street, SW., Washington, DC 20590. All documents in the public docket 
are also available for inspection and copying on the Internet at the 
docket facility's Web site http://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) at http://dms.dot.gov.

    Issued in Washington, DC on June 13, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-12117 Filed 6-20-05; 8:45 am]
BILLING CODE 4910-06-P