Petition for Waiver of Compliance, 57645 [05-19736]
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Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices
applications as the Medical Review
Board work continues.
V. Conclusion
The Department and the Agency are
committed to making our Nation’s
highways safer by ensuring CMVs are
being operated by medically qualified
drivers.
Issued on: September 27, 2005.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 05–19726 Filed 9–30–05; 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) 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.
Eureka & Palisade Railroad—
Locomotive Number 4
[Docket Number FRA–2005–21966]
The Eureka & Palisade Railroad (EPR),
a three-foot gage insular railroad, seeks
a waiver of compliance from the
requirements of Title 49 Code of Federal
Regulations (CFR) § 230.17 One
thousand four hundred seventy-two
(1472) service day inspection for their
locomotive number (EPR) 4. This
locomotive was built by the Baldwin
Locomotive Works, Philadelphia,
Pennsylvania in 1875, and is one of only
three remaining narrow gage
‘‘American’’ type (with a wheel
arrangement of 4–4–0) steam
locomotives. The others are in the
Smithsonian Institute in Washington,
DC (Jupiter) and the California State
Railroad Museum (Sonoma). The Eureka
is the only one operational.
The EPR is not engaged in general
railroad transportation, providing only
railroad tourist excursions on a limited
schedule. The Eureka is normally on
static display with limited operations on
railroads, such as the Durango &
Silverton Narrow Gage Railroad for
special events such as their ‘‘Railfest’’.
This waiver requests relief from the
requirements of 49 CFR part 230
Inspection and Maintenance Standards
for Steam Locomotives, specifically 49
VerDate Aug<31>2005
17:26 Sep 30, 2005
Jkt 205001
CFR 230.17(a) General. FRA requires
that before any steam locomotive is
initially put in service or brought out of
retirement, and after every 1472 service
days or 15 years, which ever is earlier,
a 1472 Service day inspection shall be
performed. In the Eureka’s case, only
126 service days have accumulated over
the past 15 years, as the locomotive is
only used one or two weeks per year.
The locomotive is given the required
annual inspections, stored in side a
building, with the washout plugs
removed to promote airflow and
mitigate rust and wastage. The required
new FRA Form 4 (boiler specification)
was prepared, and is on file with the
FRA. The thickness of the sheets was
verified using non-destructive
inspection methods, and a new front
tube sheet was installed, with other
minor repairs, at the time the tubes were
installed.
In summary, the EPR requests that
this petition be granted because the
tubes have very little service time, the
number 4’s dry indoor storage
conditions are nearly ideal for
locomotive storage, and the financial
burden on the individual that owns the
locomotive to perform 1472 Service day
inspection on a locomotive with only
126 service days since a major overhaul.
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–2005–
21966) 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
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 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.
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
57645
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 September
27, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. 05–19736 Filed 9–30–05; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–22554; Notice 1]
Michelin North America, Inc., Receipt
of Petition for Decision of
Inconsequential Noncompliance
Michelin North America, Inc.
(Michelin) has determined that certain
tires it produced in 2005 do not comply
with S4.3(d) and S4.3(e) of 49 CFR
571.109, Federal Motor Vehicle Safety
Standard (FMVSS) No. 109, ‘‘New
pneumatic tires.’’ Michelin has filed an
appropriate report pursuant to 49 CFR
Part 573, ‘‘Defect and Noncompliance
Reports.’’
Pursuant to 49 U.S.C. 30118(d) and
30120(h), Michelin has petitioned for an
exemption from the notification and
remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this
noncompliance is inconsequential to
motor vehicle safety.
This notice of receipt of Michelin’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
Michelin produced approximately
9,816 BFGoodrich Radial T/A tires
during the period from February 20,
2005 through April 7, 2005 that do not
comply with FMVSS No. 109, S4.3(d)
and S4.3(e). S4.3 of FMVSS No. 109
requires that ‘‘each tire shall have
permanently molded into or onto both
sidewalls * * * (d) The generic name of
each cord material used in the plies
* * * of the tire’’ and ‘‘(e) Actual
number of plies in the sidewall, and the
actual number of plies in the tread area
if different.’’ The noncompliant tires
E:\FR\FM\03OCN1.SGM
03OCN1
]]>Agencies
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Page 57645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19736]
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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 favour of relief.
Eureka & Palisade Railroad--Locomotive Number 4
[Docket Number FRA-2005-21966]
The Eureka & Palisade Railroad (EPR), a three-foot gage insular
railroad, seeks a waiver of compliance from the requirements of Title
49 Code of Federal Regulations (CFR) Sec. 230.17 One thousand four
hundred seventy-two (1472) service day inspection for their locomotive
number (EPR) 4. This locomotive was built by the Baldwin Locomotive
Works, Philadelphia, Pennsylvania in 1875, and is one of only three
remaining narrow gage ``American'' type (with a wheel arrangement of 4-
4-0) steam locomotives. The others are in the Smithsonian Institute in
Washington, DC (Jupiter) and the California State Railroad Museum
(Sonoma). The Eureka is the only one operational.
The EPR is not engaged in general railroad transportation,
providing only railroad tourist excursions on a limited schedule. The
Eureka is normally on static display with limited operations on
railroads, such as the Durango & Silverton Narrow Gage Railroad for
special events such as their ``Railfest''.
This waiver requests relief from the requirements of 49 CFR part
230 Inspection and Maintenance Standards for Steam Locomotives,
specifically 49 CFR 230.17(a) General. FRA requires that before any
steam locomotive is initially put in service or brought out of
retirement, and after every 1472 service days or 15 years, which ever
is earlier, a 1472 Service day inspection shall be performed. In the
Eureka's case, only 126 service days have accumulated over the past 15
years, as the locomotive is only used one or two weeks per year. The
locomotive is given the required annual inspections, stored in side a
building, with the washout plugs removed to promote airflow and
mitigate rust and wastage. The required new FRA Form 4 (boiler
specification) was prepared, and is on file with the FRA. The thickness
of the sheets was verified using non-destructive inspection methods,
and a new front tube sheet was installed, with other minor repairs, at
the time the tubes were installed.
In summary, the EPR requests that this petition be granted because
the tubes have very little service time, the number 4's dry indoor
storage conditions are nearly ideal for locomotive storage, and the
financial burden on the individual that owns the locomotive to perform
1472 Service day inspection on a locomotive with only 126 service days
since a major overhaul.
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-
2005-21966) 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 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 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 September 27, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 05-19736 Filed 9-30-05; 8:45 am]
BILLING CODE 4910-06-P
