Petition for Waiver of Compliance, 74577 [E6-21013]

Download as PDF 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 PO 00000 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

Agencies

[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Page 74577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21013]


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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 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

[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 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 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
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