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