Petition for Waiver of Compliance, 36165-36166 [E6-9971]

Download as PDF Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Notices taken, are described in the Final Environmental Impact Statement (FEIS) for the project approved on January 3, 2006, in the FHWA Record of Decision (ROD) issued on May 29, 2006, and in SUMMARY: This notice announces actions other project records. The FEIS, ROD, taken by the FHWA, USACE, and other and other documents in the FHWA Federal agencies that are final within project file are available by contacting the meaning of 23 U.S.C. 139(l)(1). The the FHWA or the Maryland State actions relate to a proposed highway Highway Administration at the project, the Intercounty Connector, I– addresses provided above. the FHWA 270 to US 1 in Montgomery and Prince FEIS and ROD can be viewed and George’s Counties in the State of downloaded from the project Web site at Maryland. Those actions grant licenses, https://www.iccstudy.org, or viewed at permits and approvals for the project. public libraries in the project area. The USACE ROD and Permit # CENAB–OP– DATES: By this notice, the FHWA is RMS (MD SHA & MTA/INTERCOUNTY advising the public of final agency CONNECTOR) 05–60011–1, issued on actions subject to 23 U.S.C. 139(l)(1). A June 13, 2006, can be viewed and claim seeking judicial review of the downloaded from the USACE Web site Federal agency actions on the highway at https://www.nab.usace.army.mil/ project will be barred unless the claim is filed on or before December 20, 2006. Regulatory/news.htm. This notice applies to all Federal If the Federal law that authorizes agency decisions as of the issuance date judicial review of a claim provides a of this notice and all laws under which time period of less than 180 days for filing such claim, then that shorter time such actions were taken, including but not limited to: period still applies. 1. General: National Environmental FOR FURTHER INFORMATION CONTACT: Mr. Policy Act (NEPA) [42 U.S.C. 4321– Dan Johnson, Environmental Program 4351]; Federal-Aid Highway Act [23 Manager, Federal Highway Administration, City Crescent Building, U.S.C. 109]. 2. Air: Clean Air Act, 42 U.S.C. 7401– Suite 2450, 10 S. Howard Street, 7671(q). Baltimore, MD 21202, 410–962–4440, 3. Land: Section 4(f) of the Maryland.fhwa@dot.gov (regular office Department of Transportation Act of hours are 8 a.m. to 4:30 p.m.); or Mr. 1966 [49 U.S.C. 303]; Landscaping and Wesley Mitchell, Project Manager, Scenic Enhancement (Wildflowers), 23 Maryland State Highway U.S.C. 319. Administration, 707 North Calvert 4. Wildlife: Endangered Species Act Street, Mail Stop C–301, Baltimore, MD [16 U.S.C. 1531–1544 and Section 21202, 1–866–462–0020, 1536], Fish and Wildlife Coordination wmitchell@sha.state.md.us (regular Act [16 U.S.C. 661–667(d)], Migratory office hours are 8 a.m. to 4 p.m.); or Mr. Bird Treaty Act [16 U.S.C. 703–712]. Paul Wettlaufer, U.S. Army Corps of 5. Historic and Cultural Resources: Engineers, Baltimore District—CENAB– Section 106 of the National Historic OP–R, P.O. Box 1715, Baltimore, Preservation Act of 1966, as amended Maryland 21203–1715, (410) 962–5676, [16 U.S.C. 470(f) et seq.]; Archaeological paul.wettlaufer@usace.army.mil (regular Resources Protection Act of 1977 [16 office hours are 8:30 a.m. to 4 p.m.). U.S.C. 470(aa)–(ii)]; Archaeological and SUPPLEMENTARY INFORMATION: Notice is Historic Preservation Act [16 U.S.C. hereby given that the FHWA, USACE, 469–469(c)]. and other Federal agencies have taken 6. Social and Economic: Civil Rights final agency actions by issuing licenses, Act of 1964 [42 U.S.C. 2000(d)– permits, and approvals for the following 2000(d)(1)]; Farmland Protection Policy highway project in the State of Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Maryland: the Intercounty Connector Clean Water Act, 33 U.S.C. 1251–1377 (Project No. AT376B11), from I–270 to (section 404, section 401, section 319); US 1 in Montgomery and Prince George’s Counties. The project will be a Coastal Zone Management Act, 16 multi-modal limited-access six-lane toll U.S.C. 1451–1465; Safe Drinking Water Act (SDWA), 42 U.S.C. 300(f)–300(j)(6); highway approximately 19 miles in Rivers and Harbors Act of 1899, 33 length. The Intercounty Connector will U.S.C. 401–406; Wild and Scenic Rivers serve to link existing and proposed Act, 16 U.S.C. 1271–1287; Emergency development areas between the I–270 Wetlands Resources Act, 16 U.S.C. and I–95/US 1 corridors within central 3921, 3931; TEA–21 Wetlands and eastern Montgomery County and Mitigation, 23 U.S.C. 103(b)(6)(m), northwestern Prince George’s County. The actions by the Federal agencies, and 133(b)(11); Flood Disaster Protection the laws under which such actions were Act, 42 U.S.C. 4001–4128. Notice of limitation on claims for judicial review of actions by FHWA, U.S. Army Corps of Engineers (USACE), DoD, and other Federal agencies. jlentini on PROD1PC65 with NOTICES ACTION: VerDate Aug<31>2005 17:22 Jun 22, 2006 Jkt 208001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 36165 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675; Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901–6992(k). 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species; E.O. 13274 Environmental Stewardship and Transportation Infrastructure Project Reviews. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation of Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: June 16, 2006. Nelson J. Castellanos, Division Administrator, Baltimore, MD. [FR Doc. 06–5615 Filed 6–22–06; 8:45 am] BILLING CODE 4910–22–M 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. The Alton & Southern Railway Company [Waiver Petition Docket Number FRA–2005– 23458] The Alton & Southern Railway Company (ALS) seeks 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, § 232.205, Class I brake test—initial terminal inspection for the movement of the interchange cut from the Norfolk Southern connection at 42nd Street in East St. Louis, Illinois to E:\FR\FM\23JNN1.SGM 23JNN1 jlentini on PROD1PC65 with NOTICES 36166 Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Notices the ALS Gateway Yard in East St. Louis, Illinois, a distance of no more than 11⁄4 mile. This move is made entirely within yard limits and does not cross any public road crossings. The interchange cut in question is a complete train that has had a Class I brake test, but has had the locomotive power removed and is ‘‘off-air’’ for more than four hours. ALS states that the reason for this request is due to the conditions of the crime and violent acts that have happened at this location and the surrounding neighborhood in the past two years. ALS has had two employees accosted on a locomotive and one employee assaulted while performing work at this interchange. One employee was assaulted and killed from a gun shot in this same area. ALS has a policy to only pull cars from this area during daylight hours. Due to the reasons stated above, ALS would like to be able to perform a Class III brake test—trainline continuity inspection, in lieu of performing a Class I brake test for this short move. 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– 23458) 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 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 VerDate Aug<31>2005 17:22 Jun 22, 2006 Jkt 208001 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 June 19, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–9971 Filed 6–22–06; 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 railroads have 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–2006–24987] Applicants: Union Pacific Railroad Company, Mr. W.E. Wimmer, Vice President—Engineering, 1400 Douglas Street, Mail Stop 0910, Omaha, Nebraska 68179. BNSF Railway Company, Mr. Ralph E. Young, Director Signal Engineering, 4515 Kansas Avenue, Kansas City, Kansas 66106–1199. The Union Pacific Railroad Company (UP) and the BNSF Railway Company, jointly seek approval of the proposed modification of the traffic control system on the two main tracks, between milepost 232 and milepost 235 on the UP’s Houston West Belt Subdivision, near Houston, Texas. The proposed changes consist of the removal of four control points, conversion of the remaining industry lead switches to hand operation with leaving signals, and removal of several intermediate signals. The reason given for the proposed changes is that the removal of unnecessary switches and signals will allow more trains to move through the corridor efficiently without undue delay, while maintaining safety. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and contain a concise statement of the interest of the party in the proceeding. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 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 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. FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. Issued in Washington, DC, on June 19, 2006. Grady C. Cothen, Jr. Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–9969 Filed 6–22–06; 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 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 E:\FR\FM\23JNN1.SGM 23JNN1

Agencies

[Federal Register Volume 71, Number 121 (Friday, June 23, 2006)]
[Notices]
[Pages 36165-36166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9971]


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

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.

The Alton & Southern Railway Company

[Waiver Petition Docket Number FRA-2005-23458]

    The Alton & Southern Railway Company (ALS) 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.  232.205, Class I brake test--initial 
terminal inspection for the movement of the interchange cut from the 
Norfolk Southern connection at 42nd Street in East St. Louis, Illinois 
to

[[Page 36166]]

the ALS Gateway Yard in East St. Louis, Illinois, a distance of no more 
than 1\1/4\ mile. This move is made entirely within yard limits and 
does not cross any public road crossings. The interchange cut in 
question is a complete train that has had a Class I brake test, but has 
had the locomotive power removed and is ``off-air'' for more than four 
hours.
    ALS states that the reason for this request is due to the 
conditions of the crime and violent acts that have happened at this 
location and the surrounding neighborhood in the past two years. ALS 
has had two employees accosted on a locomotive and one employee 
assaulted while performing work at this interchange. One employee was 
assaulted and killed from a gun shot in this same area. ALS has a 
policy to only pull cars from this area during daylight hours.
    Due to the reasons stated above, ALS would like to be able to 
perform a Class III brake test--trainline continuity inspection, in 
lieu of performing a Class I brake test for this short move.
    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-
2005-23458) 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 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 June 19, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-9971 Filed 6-22-06; 8:45 am]
BILLING CODE 4910-06-P
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