Petition for Waiver of Compliance, 1574-1575 [E7-318]

Download as PDF 1574 Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices work in developing and implementing the Unified Carrier Registration Plan and Agreement. The Board’s Subcommittees, including the Industry Advisory Subcommittee, will also meet. Further, any action taken by the Board at the last Board meeting held on December 4 and 5, 2006, in Chicago, IL will be considered for ratification. FOR FURTHER INFORMATION CONTACT: Mr. William Quade, (202)366–2172, Director, Office of Safety Programs, Federal Motor Carrier Safety Administration, or Mr. Bryan Price, (412) 395–4816, FMCSA Pennsylvania Division Office. Dated: January 9, 2007. John H. Hill, Administrator. [FR Doc. 07–116 Filed 1–10–07; 10:42 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 of the 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. City of Placentia, California rmajette on PROD1PC67 with NOTICES [Docket Number FRA–2006–24654] The City of Placentia, California (City) and BNSF Railway Company (BNSF) have petitioned for a second extension to the waiver granted on June 21, 2006, in FRA Docket No. FRA–2006–24654. In the June 21, 2006 waiver, FRA agreed to extend the original deadline of June 24, 2006, set forth in 49 CFR 222.42 for continuation of an intermediate partial quiet zone until September 22, 2006. Subsequently, FRA received a waiver requesting an extension of September 22, 2006, to January 20, 2007, from the parties. FRA granted this extension on September 21, 2006. In this current request, the City and BNSF state that they will be unable to meet the January 20, 2007, deadline due to technical problems with the radio communications system that required the ordering of new radio equipment and the need to conduct a 30-day test period of the radio communications system. The City and BNSF seek to retain the current partial quiet zone in VerDate Aug<31>2005 15:41 Jan 11, 2007 Jkt 211001 order to avoid disruption and confusion in the interim and state that safety will not be compromised. Interested parties are invited to participate in these proceedings by submitting written views, data or comments. Each comment shall specifically set forth the basis upon which it is made and contain a concise statement of the interest of the commenter in the proceeding. FRA does not anticipate the need to schedule a public hearing in connection with this proceeding since the facts do not appear to warrant a hearing. If any interested party desires an opportunity to comment, they should notify FRA in writing within 15 days of the date of publication of this notice and specify the basis for their request. All communications concerning these proceedings should identify the docket number set forth above and may be submitted by any of the following methods: • Web site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket 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. • 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. to the Docket Clerk, DOT Docket Management Facility, Room PL– 401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. Communications received within 15 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. FRA reserves the right to grant temporary relief to avoid lapse of the existing partial quiet zone while the comment period is open, after consideration of any comments filed prior to the initial date of decision. All written communications concerning this proceeding 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 available for inspection and copying on the Internet at the docket facility’s Web site: 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, PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 business, labor union, etc.). You may review the Department of Transportation’s complete Privacy Act Statement, which was published in the Federal Register on April 11, 2000 (Volume 65, Number 70; Pages 19477– 78). The Privacy Act Statement may also be found at https://dms.dot.gov. Issued in Washington, DC on January 9, 2007. Michael Logue, Deputy Associate Administrator, for Safety Compliance and Program Implementation. [FR Doc. E7–319 Filed 1–11–07; 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 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. New Jersey Transit Corporation [Supplement to Waiver Petition Docket Number FRA–1999–6135] As a supplement to New Jersey Transit Corporation’s (NJ Transit) Petition for Approval of Shared Use and Waiver of Certain FRA Regulations (the original shared use waiver was granted by the FRA Railroad Safety Board on December 3, 1999, and a five year extension was granted by the FRA Railroad Safety Board on May 2, 2005), NJ Transit is making signal improvements between CP45 and CP70 in order to create an ‘‘Extended Temporal Separation Mode’’ of operation. This will allow NJ Transit and Conrail to safely share a limited and specific section of the River Line outside of the fixed-windows of temporal separation. NJ Transit submits that this request is consistent with the waiver process for Shared Use. 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 E:\FR\FM\12JAN1.SGM 12JAN1 rmajette on PROD1PC67 with NOTICES Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices Railroads and Light Rail Transit Systems, 65 FR 42526 (July 10, 2000). Currently, River Line passenger operations and Conrail operations are temporally-separated, with light rail having exclusive use of the shared track from 6 a.m. until 10 p.m. during the Passenger Period and Conrail maintaining exclusive rights at all other times during the Freight Period. NJ Transit is proposing to make signal improvements that will maintain temporal separation but provide for superior utilization of the existing infrastructure by expanding the Passenger Period and allow Conrail an increased operating flexibility. Specifically, the intent of these improvements is to: enable the provision of passenger service to Route 73 station in Pennsauken during the extended hours of 5:30 a.m. until 12 a.m.; provide additional flexibility and efficiencies for the operation of freight trains, specifically to enable Conrail to operate between Pavonia Yard and Minson Siding/Pennsauken Industrial Track under vitally enforced separation from light rail vehicles during all hours; provide positive train separation through the utilization of active trip stop transponders for light rail encroachment; and power derails for freight encroachment. NJ Transit further submitted on December 15, 2006, a letter offering clarification and additional information to amend the original petition. First, NJ Transit is formally notifying the FRA that in September of 2004, NJ Transit and Conrail established two separate zones of temporal separation: Zone One from CP45 (Pennsauken) to CP269 (Bordentown), with exclusive Passenger Period from 6 a.m. until 10 p.m., which remains unchanged from the original Shared Use Waiver; Zone Two from CP269 (Bordentown) to CP329 (Trenton) features a revised Passenger Period that starts at 5:45 a.m. until 10 p.m. Second, as part of the current proposed extended temporal separation between CP45 and CP70, there is potential for a new parallel operation between River Line light rail vehicles and Conrail freight equipment at track centerline distances that in some locations are less than 17-ft. NJ Transit is informing FRA that it will not install an Intrusion Detection System (IDS) in this area as was done previously at two other locations of the River Line. Instead, NJ Transit proposes to maintain an equivalent level of safety by restricting this section of River Line to one mode at a time by prohibiting River Line light rail vehicles from operating between CP45 and CP70 when a Conrail VerDate Aug<31>2005 15:41 Jan 11, 2007 Jkt 211001 freight train has been authorized through this section. 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–1999– 6135) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, D.C. 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 January 9, 2007. Grady C. Cothen, Deputy Associate Administrator, for Safety Standards and Program Development. [FR Doc. E7–318 Filed 1–11–07; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2002006–25975; Notice 2] American Honda Motor Co., Inc., Grant of Petition for Decision of Inconsequential Noncompliance American Honda Motor Co., Inc. (Honda) has determined that the certification labels for certain Pilot trucks that it produced in 2006 do not comply with S5.3 of 49 CFR 571.120, Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ‘‘Tire selection and rims for motor vehicles other than passenger cars.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Honda has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 1575 appropriate report pursuant to 49 CFR Part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on October 4, 2006, in the Federal Register (71 FR 58660). NHTSA received no comments. Affected are a total of approximately 23,000 model year 2006 and 2007 Honda Pilot trucks produced between February 17, 2006 and August 10, 2006. S5.3.2 of FMVSS No. 120 requires that the vehicles shall show the size designation appropriate for the tires. The noncompliant vehicles have certification labels stating that the rim size is 6 inches, when in fact the rim size is 16 inches. Honda has corrected the problem that caused these errors so that they will not be repeated in future production. Honda believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Honda presents the following basis for its petition. Most vehicle owners, dealers, and tire service technicians would refer to the vehicles’ existing tires and/or the separate Tire Placard to determine the appropriate size for a replacement tire rather than to the Certification Label. If the vehicle owner, dealer or tire service technician read the incorrect rim size on the certification label, it would be obvious that a full size vehicle could not use 6 inch wheels. The owner’s manual contains the correct rim size information. The correct rim size is cast into the wheel itself. NHTSA agrees with Honda that the noncompliance is inconsequential to motor vehicle safety. It would be obvious that a full size vehicle could not be supported by 6 inch wheels. The correct size information is available in the owner’s manual, and on the wheel itself, in order to determine the correct size for replacement wheels and tires. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Honda’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. (Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8). Issued on: January 8, 2007. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E7–316 Filed 1–11–07; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Notices]
[Pages 1574-1575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-318]


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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.

New Jersey Transit Corporation

[Supplement to Waiver Petition Docket Number FRA-1999-6135]

    As a supplement to New Jersey Transit Corporation's (NJ Transit) 
Petition for Approval of Shared Use and Waiver of Certain FRA 
Regulations (the original shared use waiver was granted by the FRA 
Railroad Safety Board on December 3, 1999, and a five year extension 
was granted by the FRA Railroad Safety Board on May 2, 2005), NJ 
Transit is making signal improvements between CP45 and CP70 in order to 
create an ``Extended Temporal Separation Mode'' of operation. This will 
allow NJ Transit and Conrail to safely share a limited and specific 
section of the River Line outside of the fixed-windows of temporal 
separation. NJ Transit submits that this request is consistent with the 
waiver process for Shared Use. 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

[[Page 1575]]

Railroads and Light Rail Transit Systems, 65 FR 42526 (July 10, 2000).
    Currently, River Line passenger operations and Conrail operations 
are temporally-separated, with light rail having exclusive use of the 
shared track from 6 a.m. until 10 p.m. during the Passenger Period and 
Conrail maintaining exclusive rights at all other times during the 
Freight Period. NJ Transit is proposing to make signal improvements 
that will maintain temporal separation but provide for superior 
utilization of the existing infrastructure by expanding the Passenger 
Period and allow Conrail an increased operating flexibility. 
Specifically, the intent of these improvements is to: enable the 
provision of passenger service to Route 73 station in Pennsauken during 
the extended hours of 5:30 a.m. until 12 a.m.; provide additional 
flexibility and efficiencies for the operation of freight trains, 
specifically to enable Conrail to operate between Pavonia Yard and 
Minson Siding/Pennsauken Industrial Track under vitally enforced 
separation from light rail vehicles during all hours; provide positive 
train separation through the utilization of active trip stop 
transponders for light rail encroachment; and power derails for freight 
encroachment.
    NJ Transit further submitted on December 15, 2006, a letter 
offering clarification and additional information to amend the original 
petition. First, NJ Transit is formally notifying the FRA that in 
September of 2004, NJ Transit and Conrail established two separate 
zones of temporal separation: Zone One from CP45 (Pennsauken) to CP269 
(Bordentown), with exclusive Passenger Period from 6 a.m. until 10 
p.m., which remains unchanged from the original Shared Use Waiver; Zone 
Two from CP269 (Bordentown) to CP329 (Trenton) features a revised 
Passenger Period that starts at 5:45 a.m. until 10 p.m.
    Second, as part of the current proposed extended temporal 
separation between CP45 and CP70, there is potential for a new parallel 
operation between River Line light rail vehicles and Conrail freight 
equipment at track centerline distances that in some locations are less 
than 17-ft. NJ Transit is informing FRA that it will not install an 
Intrusion Detection System (IDS) in this area as was done previously at 
two other locations of the River Line. Instead, NJ Transit proposes to 
maintain an equivalent level of safety by restricting this section of 
River Line to one mode at a time by prohibiting River Line light rail 
vehicles from operating between CP45 and CP70 when a Conrail freight 
train has been authorized through this section.
    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-
1999-6135) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., 
Washington, D.C. 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 January 9, 2007.
Grady C. Cothen,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
 [FR Doc. E7-318 Filed 1-11-07; 8:45 am]
BILLING CODE 4910-06-P
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