Petition for Waiver of Compliance, 74577-74578 [E6-21012]
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Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Notices
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 December 6,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–21022 Filed 12–11–06; 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
a request for a waiver of compliance
with certain requirements of Federal
railroad safety regulations. 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.
Norfolk Southern Corporation
jlentini on PROD1PC65 with NOTICES
[Docket Number FRA–2006–25706]
The Norfolk Southern Corporation
(NS) 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, it seeks a
waiver from 49 CFR 232.205(a)(3),
which requires a Class I air brake
inspection whenever a train is ‘‘off-air’’
for a period of more than 4 hours on
certain trains on NS’s Pocahontas
Division in West Virginia.
NS currently departs Gilbert Yard,
West Virginia, and Weller Yard, Lee
Town, West Virginia, with trains
approximately 100 cars in length. These
trains have a Class I brake test
performed when assembled. The trains
are moved to Buck main line siding
where the locomotives are removed and
the cars are left without means of
charging air for a period of up to 24
hours. This practice also happens to
trains from Weller Yard to Luke main
line siding, and from Gilbert Yard to
Lindsey main line siding. In each
instance, another block of
approximately 100 cars (previously
Class I tested) are brought to the siding,
where the two blocks are combined and
a Class I brake inspection is performed
on the first block of cars that have been
sitting in the siding ‘‘off-air’’ for more
VerDate Aug<31>2005
18:00 Dec 11, 2006
Jkt 211001
than 4 hours. The train then departs to
Portsmouth, Ohio.
NS requests relief from performing
another Class I inspection on the block
of cars that have been sitting in the
siding ‘‘off-air’’ for more than 4 hours.
The train travels less than 150 miles
before being placed in the siding and NS
contends that this waiver would reduce
the exposure of their employees while
performing a redundant walking
inspection. NS would perform a Class III
test on the cars in the sidings, when
combined with the second train. NS also
states that there have been no
incidences of vandalism at these
locations.
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 this
petition should identify the appropriate
docket number (FRA–2006–25706) and
may be submitted by one of the
following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic site;
• Fax: 202–493–2251;
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001; or
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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
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Frm 00093
Fmt 4703
Sfmt 4703
74577
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 December 6,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–21013 Filed 12–11–06; 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.
Santa Clara Valley Transportation
Authority
[Docket Number FRA–1999–6254]
As a second supplement to Santa
Clara Valley Transportation Authority’s
(VTA) existing Shared Use/Temporal
Separation waiver for its Tasman West
Line originally granted by the FRA on
July 7, 2000 (a 5-year extension was
granted on September 26 , 2005), VTA
requests that the FRA consider
reclassifying the 1.6-mile shared
segment (called the Moffett Drill Track)
as a ‘‘Plant Railroad’’ not part of the
General Railroad System. VTA is also
requesting a waiver from the FRA
Locomotive Horn Rule, 49 CFR parts
222 and 229, at all highway grade
crossings along the 1.6-mile Moffett
Drill Track as long as this track is
considered part of the General Railroad
System. VTA seeks a permanent waiver
of compliance from all sections of Title
49 of the CFR if the FRA agrees that the
Moffett Drill Track should not be
classified as part of the General Railroad
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. See also Joint
Statement of Agency Policy Concerning
Shared Use of the Tracks of the General
E:\FR\FM\12DEN1.SGM
12DEN1
jlentini on PROD1PC65 with NOTICES
74578
Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Notices
Railroad System by Conventional
Railroads and Light Rail Transit
Systems, 65 FR 42526.)
VTA Tasman West LRT Line is a twotrack, 7.6-mile urban rapid transit light
rail line owned and operated by VTA
within the City of Mountain View, City
of Sunnyvale, and County of Santa
Clara, California. A 1.6-mile segment of
this LRT Line, called the Moffett Drill
Track, features 2 tracks and 11 grade
crossings and is shared with freight
service of the Union Pacific Railroad
Company (UP). This Moffett Drill Track
segment is nominally connected to the
General Railroad System (connection
exists at the westward terminus of the
Tasman West LRT Line at the
Downtown Mountain View Station with
mainline tracks used by UPRR and
Caltrain) by virtue of a contractual right
of a single shipper for freight service to
the NASA-Ames Research Center, a
right that has not been exercised in the
last 12 years.
VTA states that considering the total
absence of freight service on this
segment for the last 12 years, and the
heavy restrictions which would be
placed on any such movement, that the
term ‘‘shared’’ is technical in name only
and well below the level of activity
which would justify application of FRA
regulations to a light rail operation.
Further, the character of the freight
operation across the Moffett Drill Track
is equivalent to providing service to a
shipper facility that is not considered to
be part of the General Railroad System,
except when a UP freight train operating
in interstate commerce actually enters
the facility. In this case, unless and until
the NASA-Ames Research Center
actually requests and schedules the UP
to enter its facility, then the FRA should
waive jurisdiction over light rail
operations on this 1.6-mile shared track
segment. VTA states that it has received
numerous noise complaints because its
light rail vehicles (LRV) must blow their
horns in the manner prescribed in the
Locomotive Horn Rule as per 49 CFR
parts 222 and 229. Its LRVs cross the 11
highway grade crossings 114 times per
day from 0400 a.m. until 0100 a.m.
daily, and utilize a horn with a decibel
range from 85dB to 97dB. Given the
history of nonexistent freight operations
on this 1.6-mile segment, VTA contends
a waiver of the Horn Rule requirements
is more suitable and practical than
establishing a quiet zone. In the event
NASA-Ames Research Center does
request freight service, UP remains
subject to FRA regulations, and VTA
will adhere to the terms and conditions
of the current Shared Use Waiver with
movement on the Moffett Drill Track
VerDate Aug<31>2005
18:00 Dec 11, 2006
Jkt 211001
heavily restricted, including full
temporal separation.
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 (FRA–1999–
6254) and may be submitted by one of
the following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic site;
• Fax: 202–493–2251;
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001; or
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 December 6,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–21012 Filed 12–11–06; 8:45 am]
BILLING CODE 4910–06–P
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Frm 00094
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notification of Informational Filing To
Test a Processor-Based Signal and
Train Control System, and a Request
for Waiver of Compliance
In accordance with Title 49 Code of
Federal Regulations (CFR) Part 211,
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance with certain requirements of
Federal railroad safety regulations. 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.
CSX Transportation, Inc.
[Docket Number FRA–2006–25057]
In association with continued
development and implementation
testing of the CSX Transportation, Inc.
(CSXT) Communications Based Train
Control (CBTM) System, CSXT of
Jacksonville, Florida, has petitioned for
a waiver of compliance from certain
FRA regulatory safety requirements.
CBTM is a non-vital safety-critical
overlay designed to supplement the
existing method of operation to protect
against the consequences of human
error.
CSXT is requesting a petition of
regulatory relief from the following
Federal regulations: 49 CFR 216.13
(Special Notice of Repairs—
Locomotive), 49 CFR 217.9 (Program of
Operational Tests and Inspections—
Recordkeeping), 49 CFR 217.11
(Program of Instruction on Operating
Rules—Recordkeeping, Electronic
Recordkeeping), 49 CFR part 218
subpart D (Prohibition Against
Tampering with Safety Devices), 49 CFR
229.7 (Prohibited Acts), 49 CFR 229.135
(Event Recorders), 49 CFR 233.9
(Reports), 49 CFR 235.5 (Changes
Requiring Filing of Application), 49 CFR
240.127 (Criteria for Examining Skill
Performance), and 49 CFR 240.129
(Criteria for Monitoring Operational
Performance of Certified Engineers).
CSXT is requesting regulatory relief for
testing related to the CBTM on the
CSXT Blue Ridge, Duke, Spartanburg,
and McCormick Subdivisions, which
consist of approximately 137 miles of
Traffic Control System territory and 130
miles of Direct Traffic Control territory.
The regulatory relief requested was
previously granted; however, this relief
was withdrawn by FRA in a letter dated
April 8, 2005 (see docket FRA–2002–
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74577-74578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21012]
-----------------------------------------------------------------------
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.
Santa Clara Valley Transportation Authority
[Docket Number FRA-1999-6254]
As a second supplement to Santa Clara Valley Transportation
Authority's (VTA) existing Shared Use/Temporal Separation waiver for
its Tasman West Line originally granted by the FRA on July 7, 2000 (a
5-year extension was granted on September 26 , 2005), VTA requests that
the FRA consider reclassifying the 1.6-mile shared segment (called the
Moffett Drill Track) as a ``Plant Railroad'' not part of the General
Railroad System. VTA is also requesting a waiver from the FRA
Locomotive Horn Rule, 49 CFR parts 222 and 229, at all highway grade
crossings along the 1.6-mile Moffett Drill Track as long as this track
is considered part of the General Railroad System. VTA seeks a
permanent waiver of compliance from all sections of Title 49 of the CFR
if the FRA agrees that the Moffett Drill Track should not be classified
as part of the General Railroad 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. See also Joint Statement of Agency Policy Concerning Shared Use
of the Tracks of the General
[[Page 74578]]
Railroad System by Conventional Railroads and Light Rail Transit
Systems, 65 FR 42526.)
VTA Tasman West LRT Line is a two-track, 7.6-mile urban rapid
transit light rail line owned and operated by VTA within the City of
Mountain View, City of Sunnyvale, and County of Santa Clara,
California. A 1.6-mile segment of this LRT Line, called the Moffett
Drill Track, features 2 tracks and 11 grade crossings and is shared
with freight service of the Union Pacific Railroad Company (UP). This
Moffett Drill Track segment is nominally connected to the General
Railroad System (connection exists at the westward terminus of the
Tasman West LRT Line at the Downtown Mountain View Station with
mainline tracks used by UPRR and Caltrain) by virtue of a contractual
right of a single shipper for freight service to the NASA-Ames Research
Center, a right that has not been exercised in the last 12 years.
VTA states that considering the total absence of freight service on
this segment for the last 12 years, and the heavy restrictions which
would be placed on any such movement, that the term ``shared'' is
technical in name only and well below the level of activity which would
justify application of FRA regulations to a light rail operation.
Further, the character of the freight operation across the Moffett
Drill Track is equivalent to providing service to a shipper facility
that is not considered to be part of the General Railroad System,
except when a UP freight train operating in interstate commerce
actually enters the facility. In this case, unless and until the NASA-
Ames Research Center actually requests and schedules the UP to enter
its facility, then the FRA should waive jurisdiction over light rail
operations on this 1.6-mile shared track segment. VTA states that it
has received numerous noise complaints because its light rail vehicles
(LRV) must blow their horns in the manner prescribed in the Locomotive
Horn Rule as per 49 CFR parts 222 and 229. Its LRVs cross the 11
highway grade crossings 114 times per day from 0400 a.m. until 0100
a.m. daily, and utilize a horn with a decibel range from 85dB to 97dB.
Given the history of nonexistent freight operations on this 1.6-mile
segment, VTA contends a waiver of the Horn Rule requirements is more
suitable and practical than establishing a quiet zone. In the event
NASA-Ames Research Center does request freight service, UP remains
subject to FRA regulations, and VTA will adhere to the terms and
conditions of the current Shared Use Waiver with movement on the
Moffett Drill Track heavily restricted, including full temporal
separation.
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 (FRA-1999-6254) and may be submitted by one
of the following methods:
Web site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic site;
Fax: 202-493-2251;
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001; or
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
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 December 6, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E6-21012 Filed 12-11-06; 8:45 am]
BILLING CODE 4910-06-P
