Petition for Waiver of Compliance, 45098 [E6-12799]

Download as PDF 45098 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices Discussion of Comments FMCSA received one comment in this proceeding. The comment is considered and is discussed below. One letter of recommendation was received in favor of granting the Federal diabetes exemption to one of the applicants. It was concerning Arthur Webber and it was written by W.J. Williams, who is a manager of the oil department at Meenan Oil in Upper Darby, PA. He said that Mr. Webber is one of his best oil delivery men and one of the safest drivers. jlentini on PROD1PC65 with NOTICES Conclusion After considering the comments to the docket and based upon its evaluation of the forty-seven exemption applications, FMCSA exempts Charles A. Adams, Jr., Scott R. Anderson, Richard Bechtel, Robert R. Chase, Dale J. Cleaver, Jeffrey W. Cotner, Todd A. Dean, Dale R. Gansz, Neal J. Gifford, Donald W. Havourd, Sr., Peter D. Jacobs, David A. Kelley, Jeffrey M. King, Milton A. Klise, Jeffrey Knight, Edward V. Kruse, Lee P. Lembke, Dominick T. Mastroni, Ronald S. Mavilla, Derril W. Nunnally, Ronald D. Olson, Robert L. Olson, Terrence V. Parker, Robert L. Pflugler, Jr., William E. Pruett, Jr., Ronald B. Purdum, William C. Rasely, Jr., Maurice E. Ratliff, Sr., Duane C. Rieger, Gregory A. Rigg, Scott L. Shreffler, Henry E. Sisler, Vernon L. Small, Sandra L. Smith, John J. Steigauf, Walter D. Stowman, Thomas C. Torbett, Derrick Underhill, Sr., Paul M. Violette, Antonino S. Vita, Henry B. WalkerWaltz, III, Arthur C. Webber, Scott A. Wertz, Larry D. Williams, Danny R. Wood, and Jeffrey E. Zaniewski from the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: July 31, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6–12848 Filed 8–7–06; 8:45 am] BILLING CODE 4910–EX–P VerDate Aug<31>2005 20:06 Aug 07, 2006 Jkt 208001 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. Capital Metropolitan Transportation Authority [Docket Number FRA–2006–25040] Capital Metropolitan Transportation Authority (CMTA), located in Austin, TX, seeks a permanent waiver of compliance from Title 49 of the CFR for operation of a new planned Commuter Rail Service (CRS), partially sharing trackage with the Austin Area Terminal Railroad (AUAR), a common carrier freight railroad. The operation will feature temporal separation of CRS and AUAR operations. CMTA has selected a light rail style, non-FRA compliant Diesel-Multiple Unit (DMU), in order to offer a ‘‘one-seat ride’’ operation on both the shared and light rail-exclusive city street running portions of the system. 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). CMTA is constructing a 32-mile CRS, (27 miles shared, 5 miles light railexclusive) linking the City of Leander, TX, with downtown Austin, TX. CMTA owns the railroad right-of-way, referred to as the Central Sub-division of the AUAR, between MP 55.19DT (Austin) and MP 88.0 (Leander), and will utilize temporal separation of freight and passenger operations on this shared trackage. AUAR provides freight service to on-line customers, as well as interchanges with Union Pacific (UPRR) and BNSF Railway at MP 71.45. Based on the foregoing, CMTA is seeking waiver of compliance from the provisions of the Federal Railroad Locomotive Safety Standards, 49 CFR: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Part 219 Drug and Alcohol; Part 221 Rear End Marking Devices; Part 223 Safety Glazing Standards; Part 225 Accident and Incident Reporting; Part 229 Railroad Locomotive Safety Standards; Part 231 Railroad Safety Appliance Standards; Part 238 Passenger Equipment Safety Standards; Part 239 Passenger Train Emergency Preparedness; Part 240 Qualification and Certification of Locomotive Engineers. 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–2006– 25040) 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. Issued in Washington, DC, on August 1, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–12799 Filed 8–7–06; 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 E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Page 45098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12799]


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

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.

Capital Metropolitan Transportation Authority

 [Docket Number FRA-2006-25040]

    Capital Metropolitan Transportation Authority (CMTA), located in 
Austin, TX, seeks a permanent waiver of compliance from Title 49 of the 
CFR for operation of a new planned Commuter Rail Service (CRS), 
partially sharing trackage with the Austin Area Terminal Railroad 
(AUAR), a common carrier freight railroad. The operation will feature 
temporal separation of CRS and AUAR operations. CMTA has selected a 
light rail style, non-FRA compliant Diesel-Multiple Unit (DMU), in 
order to offer a ``one-seat ride'' operation on both the shared and 
light rail-exclusive city street running portions of the system. 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). 
    CMTA is constructing a 32-mile CRS, (27 miles shared, 5 miles light 
rail-exclusive) linking the City of Leander, TX, with downtown Austin, 
TX. CMTA owns the railroad right-of-way, referred to as the Central 
Sub-division of the AUAR, between MP 55.19DT (Austin) and MP 88.0 
(Leander), and will utilize temporal separation of freight and 
passenger operations on this shared trackage. AUAR provides freight 
service to on-line customers, as well as interchanges with Union 
Pacific (UPRR) and BNSF Railway at MP 71.45.
    Based on the foregoing, CMTA is seeking waiver of compliance from 
the provisions of the Federal Railroad Locomotive Safety Standards, 49 
CFR: Part 219 Drug and Alcohol; Part 221 Rear End Marking Devices; Part 
223 Safety Glazing Standards; Part 225 Accident and Incident Reporting; 
Part 229 Railroad Locomotive Safety Standards; Part 231 Railroad Safety 
Appliance Standards; Part 238 Passenger Equipment Safety Standards; 
Part 239 Passenger Train Emergency Preparedness; Part 240 Qualification 
and Certification of Locomotive Engineers.
    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-
2006-25040) 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.

    Issued in Washington, DC, on August 1, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E6-12799 Filed 8-7-06; 8:45 am]
BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.