Petition for Waiver of Compliance, 12231-12232 [E6-3316]

Download as PDF Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Notices Description: Application of Northwest Airlines, Inc. (‘‘Northwest’’) requesting a certificate of public convenience and necessity authorizing Northwest to provide scheduled foreign air transportation of persons, property and mail between Atlanta, GA and Caracas, Venezuela. Northwest also requests that the Department integrate this authority with all Northwest’s existing certificate and exemption authority. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E6–3336 Filed 3–8–06; 8:45 am] BILLING CODE 4910–62–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2003–15432] hsrobinson on PROD1PC70 with NOTICES BNSF Railway Company; Notice of Extension of Comment Period The BNSF Railway Company has petitioned the Federal Railroad Administration (FRA) seeking approval to expand the existing waiver, granted on June 23, 2004, from Fort Worth, Texas, milepost 346.67, to Arkansas City, Kansas, milepost 264.11, on the Fort Worth and Red Rock Subdivisions, a distance of approximately 329 miles. This expansion request is identified as Docket No. FRA–2003–15432. The FRA has issued a public notice seeking comments of interested parties. After examining the railroad’s proposal and the comments, FRA determined that a public hearing was necessary before a final decision was made on this proposal. A public hearing was conducted in this matter on February 23, 2006. At the hearing, FRA announced that it would extend the comment period in this proceeding until 10 business days after the transcript of the public hearing is made available on the Department of Transportation’s (DOT’s) Docket Management System found at https://dms.dot.gov in order to permit interested parties to review the transcript prior to submitting comments. Accordingly, FRA is extending the comment period in this proceeding until 10 business days after the transcript of the public hearing is posted on DOT’s Document Management System. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2003– 15432) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC VerDate Aug<31>2005 14:35 Mar 08, 2006 Jkt 208001 20590. 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 3, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–3367 Filed 3–8–06; 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. Fayette Central Railroad [Docket Number FRA–2006–23836] The Fayette Central Railroad (FCRV) seeks a permanent waiver of compliance from Control of Alcohol and Drug Use, 49 CFR 219.601, which requires a railroad to submit for FRA approval, a random alcohol and drug testing program. FCRV has less than 16 hours of service employees, but operates on the tracks of the Southwest Pennsylvania Railroad Company (SWP). FCRV states that four of its hours of service employees are subject to random testing at their other places of employment. FCRV also says that it normally operates trains on weekends while the SWP normally operates on weekdays, and that track warrants and/ PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 12231 or permission is required on all SWP tracks and only one train can operate at one time within specified limits. 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–2006– 23836) and must be submitted 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 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 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) or you may visit https://dms.dot.gov. Issued in Washington, DC, on March 3, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–3313 Filed 3–8–06; 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 E:\FR\FM\09MRN1.SGM 09MRN1 12232 Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Notices 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. Union Pacific Railroad Company hsrobinson on PROD1PC70 with NOTICES [Waiver Petition Docket Number FRA–2006– 23837] The Union Pacific Railroad Company (UP) 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, Transfer Train Brake Tests and § 232.103(e), which requires at least 85 percent of a train’s brakes to be operative when moving defective equipment in a train. This relief would apply for the movement of ‘‘bad order’’ cuts of cars from UP’s Salt Lake City North Yard to UP’s Salt Lake City Roper Yard. UP contends that the yards in question, located in Salt Lake City, Utah, consists of one large end-to-end yard, which has historically been considered separate yards—North Yard and Roper Yard. North Yard and Roper Yard are six miles apart. Both yards have a repair facility, each consisting of three repair tracks. Currently, cars that are bad ordered in North Yard are repaired at the North Yard facility and cars bad ordered in Roper Yard are repaired at the Roper Yard facility. Due to the proximity of these repair facilities, UP is considering closing the North Yard shop and having all bad orders repaired at the Roper facility. UP contends that the movement of bad orders between Roper and North Yard should be treated as a switching move, without any air brake test requirement. If a transfer brake test is required for these repair movements, UP claims it will create a problem, since many of the cars are bad ordered for defective brakes, and at least 85 percent of the train’s brakes would have to be operative in order to successfully perform a transfer train move. Accordingly, UP requests a waiver from the requirements of performing a transfer train brake test on the bad order repair movements from North Yard to Roper Yard, as well as relief from the requirements that no less than 85 percent of a train’s brakes be operative for these train movements, subject to the following conditions: 1. This waiver will only apply to repair movements between Roper and North Yard. VerDate Aug<31>2005 13:58 Mar 08, 2006 Jkt 208001 2. After the train crew has coupled their locomotive(s) to the train, the brake hoses will be connected and the brake pipe pressure will be charged to 60 psi as indicated by an accurate gauge or an end-of-train device at the rear of the train. After brake pipe pressure has been adequately charged, the train would receive a Class III brake test as prescribed in § 232.211(b). 3. Trains will be restricted to 10 mph when moving between the two yards. 4. UP shall immediately notify FRA of any accident during these movements. UP does not believe that safety will be compromised if the waiver is granted with the above conditions because these movements will have a certain number of operative train brakes, in addition to the locomotive brakes. UP cites that FRA has previously granted waivers allowing road trains to be moved several miles without an air brake test, FRA Docket 2002–13251 and FRA Docket 2002–13399. 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–2006– 23837) 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 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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 3, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–3316 Filed 3–8–06; 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 No. FRA–2006–23952] Applicant: Springfield Terminal Railway Company, Mr. T. Kunzler, Engineer of Construction C&S, Iron Horse Park, North Billerica, Massachusetts 01862–1688. The Springfield Terminal Railway Company seeks approval of the proposed modification of the traffic control system, on the Boston and Maine Corporation’s single main track ‘‘Freight Main Line,’’ consisting of the relocation of the back-to-back intermediate signals No. 1558 and 1559, located near milepost K–436, in Petersburg, New York to a new location approximately 3,000 feet eastward, near milepost K–435, in Pownal, Vermont. The reasons given for the proposed changes are to normalize the track circuit lengths between signals 1524/ 1525 and signals 1584/1585 for reliable Electro Code 5 operation, and the elimination of 3,800 feet of open wire AC service feed to the existing signals location. 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 E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12231-12232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3316]


-----------------------------------------------------------------------

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

[[Page 12232]]

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.

Union Pacific Railroad Company

[Waiver Petition Docket Number FRA-2006-23837]

    The Union Pacific Railroad Company (UP) 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, Transfer Train Brake Tests and 
Sec.  232.103(e), which requires at least 85 percent of a train's 
brakes to be operative when moving defective equipment in a train. This 
relief would apply for the movement of ``bad order'' cuts of cars from 
UP's Salt Lake City North Yard to UP's Salt Lake City Roper Yard.
    UP contends that the yards in question, located in Salt Lake City, 
Utah, consists of one large end-to-end yard, which has historically 
been considered separate yards--North Yard and Roper Yard. North Yard 
and Roper Yard are six miles apart. Both yards have a repair facility, 
each consisting of three repair tracks. Currently, cars that are bad 
ordered in North Yard are repaired at the North Yard facility and cars 
bad ordered in Roper Yard are repaired at the Roper Yard facility. Due 
to the proximity of these repair facilities, UP is considering closing 
the North Yard shop and having all bad orders repaired at the Roper 
facility.
    UP contends that the movement of bad orders between Roper and North 
Yard should be treated as a switching move, without any air brake test 
requirement. If a transfer brake test is required for these repair 
movements, UP claims it will create a problem, since many of the cars 
are bad ordered for defective brakes, and at least 85 percent of the 
train's brakes would have to be operative in order to successfully 
perform a transfer train move. Accordingly, UP requests a waiver from 
the requirements of performing a transfer train brake test on the bad 
order repair movements from North Yard to Roper Yard, as well as relief 
from the requirements that no less than 85 percent of a train's brakes 
be operative for these train movements, subject to the following 
conditions:
    1. This waiver will only apply to repair movements between Roper 
and North Yard.
    2. After the train crew has coupled their locomotive(s) to the 
train, the brake hoses will be connected and the brake pipe pressure 
will be charged to 60 psi as indicated by an accurate gauge or an end-
of-train device at the rear of the train. After brake pipe pressure has 
been adequately charged, the train would receive a Class III brake test 
as prescribed in Sec.  232.211(b).
    3. Trains will be restricted to 10 mph when moving between the two 
yards.
    4. UP shall immediately notify FRA of any accident during these 
movements.

UP does not believe that safety will be compromised if the waiver is 
granted with the above conditions because these movements will have a 
certain number of operative train brakes, in addition to the locomotive 
brakes. UP cites that FRA has previously granted waivers allowing road 
trains to be moved several miles without an air brake test, FRA Docket 
2002-13251 and FRA Docket 2002-13399.

    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-
2006-23837) 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 3, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E6-3316 Filed 3-8-06; 8:45 am]
BILLING CODE 4910-06-P

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