Petition for Waiver of Compliance, 52599-52600 [E7-18168]

Download as PDF rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices received 38 Phase 1 proposals. The DOT established a team comprised of representatives from DOT’s surface transportation administrations with expertise in the areas of finance, environment and planning, infrastructure, and operations to review the proposals (CFP Team). The proposals were evaluated based on each applicant’s responsiveness to the information requested for Phase 1. In a Federal Register Notice published on February 7, the DOT invited 14 Phase 1 applicants, with proposals for projects located on 8 major transportation corridors, to participate in Phase 2. (72 FR 5787) At the end of Phase 2, the DOT received 11 applications for projects located on the 8 corridors identified during Phase 1. The CFP Team evaluated the applications based on each applicant’s responsiveness to the information requested for Phase 2 in the September 5, 2006 Federal Register notice. For Phase 2, applicants were asked to submit detailed information about the proposed corridor including how the proposed corridor would reduce current national and regional areas of congestion or address future congestion, increase mobility of people and freight, support national and international commerce by reducing congestion and providing reliable travel times, and information about innovative project delivery and financing features proposed for the project. Based on the recommendations of the CFP Team, the DOT identified the following corridors and corresponding Phase 2 applications, to designate as the Corridors of the Future. 1. Interstate 95 A. Interstate 95 (I–95)—Florida to the District of Columbia—Submitted by the North Carolina DOT in partnership with the Florida, Georgia, South Carolina, and Virginia DOTs. B. I–95—Florida to the Canadian Border—Submitted by the I–95 Corridor Coalition. 2. Interstate 70 Dedicated Truck Lanes—Submitted by the Indiana DOT in partnership with the Illinois, Missouri, and Ohio DOTs. 3. Interstate 15—A Corridor without Borders—Submitted by the Nevada DOT on behalf of the Western States Coalition (Arizona, California, Nevada, and Utah DOTs). 4. Interstate 5—A Roadmap for Mobility—Submitted by the Washington DOT in partnership with the California and Oregon DOTs. 5. Interstate 10—Submitted by the I– 10 National Freight Corridor Coalition. 6. Interstate 69 Corridor—Submitted by Arkansas State Highway and VerDate Aug<31>2005 15:44 Sep 13, 2007 Jkt 211001 Transportation Department on behalf of the I–69 Steering Committee. The DOT encourages State departments of transportation and other project sponsors to continue to advance those ideas contained in the applications that were not selected. Authority: 49 U.S.C. 101. Issued on: September 5, 2007. Thomas J. Barrett, Deputy Secretary. [FR Doc. 07–4550 Filed 9–11–07; 11:07 am] BILLING CODE 4910–22–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 from 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. CSX Transportation [Docket Number FRA–2007–28612] CSX Transportation (CSX) seeks a permanent waiver of compliance from certain provisions of the Locomotive Safety Standards, 49 CFR 229.129(c), as it pertains to railroad locomotive horn testing. CSX seeks to utilize an automated sound measurement system (ASMS) to test locomotive horns as required in Sections 229.129(a) and (b). The ASMS utilizes a Class 1 sound-level measuring instrument that is permanently mounted in a fixed test site and uses the same technology that is used to measure noise at airports nationwide. CSX requests to extend the requirement for acoustic calibration (49 CFR 229.129(c)(2) and (9)) from immediately before and after each session of compliance tests to a period of not more than every 6 months. The 6-month period is to be extended to 1 year if the system demonstrates a history of stability that indicates the 6month testing is unnecessary. CSX states in their petition that the ASMS is equipped with an electrostatic test device that monitors acoustic calibration, and that they would review these tests daily and perform calibration as needed. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 52599 In addition, CSX requests a waiver to reduce the requirement from a locomotive needing a 200-foot clearance (49 CFR 229.129(c)(5)) to the front and sides from large reflective surfaces to 150 feet at the side clearance. CSX states in their request that they performed horn testing at 150 feet and again at the required 200 feet with no measurable difference in meter readings. A reduction in the side clearance would assist the railroad in finding suitable test sites closer to their maintenance facilities. Finally, CSX requests a waiver from the requirement of testing cab- and lowmounted horns (49 CFR 229.129(c)(7)) at a 4-foot level in order to allow all locomotive horns to be tested at the 15foot level. CSX feels that testing all horns at the 15-foot level would provide more consistent and meaningful measurements for both types of horn mountings. CSX testing shows that caband low-mounted horns showed reduced sound measurement at the 4foot level compared to the 15-foot level, due to the effect of the acoustic shadow created by the locomotive. 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 (e.g., Waiver Petition Docket Number FRA–2007– 28612) and must be submitted in triplicate to the Docket Clerk, DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590–0001. 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 DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. 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 E:\FR\FM\14SEN1.SGM 14SEN1 52600 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices 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 19377–78). The Statement may also be found at https:// dms.dot.gov. Issued in Washington, DC, on September 6, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator, for Safety Standards and Program Development. [FR Doc. E7–18168 Filed 9–13–07; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration FOR FURTHER INFORMATION CONTACT: Over-the-Road Bus Accessibility Program Grants Federal Transit Administration (FTA), DOT. ACTION: Notice of Availability of Fiscal Year 2007 Funds: Solicitation of Grant Applications. rmajette on PROD1PC64 with NOTICES AGENCY: SUMMARY: The U.S. Department of Transportation (DOT) Federal Transit Administration (FTA) announces the availability of funds in Fiscal Year (FY) 2007 for the Over-the-Road Bus (OTRB) Accessibility Program, authorized by section 3038 of the Transportation Equity Act for the 21st Century (TEA– 21). The OTRB Accessibility Program makes funds available to private operators of over-the-road buses to finance the incremental capital and training costs of complying with DOT’s over-the-road bus accessibility regulation. The authorizing legislation calls for national solicitation of applications, with grantees to be selected on a competitive basis. Federal transit funds are available to intercity fixed-route providers and other OTRB providers at up to 90 percent of the project cost. In FY 2007, $5,700,000 was appropriated for intercity fixed-route service providers and $1,900,000 was appropriated for other OTRB service providers. In anticipation of additional appropriations for the program in FY 2008, FTA reserves the right to select projects for funding with FY 2008 funds from applications received in response to this notice. This announcement is available on the Internet on the FTA Web site at: https://www.fta.dot.gov. FTA will announce final selections on the VerDate Aug<31>2005 15:44 Sep 13, 2007 Jkt 211001 Website and in the Federal Register. A synopsis of this announcement will be posted in the FIND module of the government-wide electronic grants Web site at https://www.grants.gov. Applications may be submitted to FTA in hard copy or electronically through the Grants.Gov APPLY function. DATES: Complete applications for OTRB Program grants must be submitted to the appropriate FTA regional office (see Appendix B) by November 13, 2007, or submitted electronically through the Grants.Gov Web site by the same date. Anyone intending to apply electronically should initiate the process of registering on the Grants.Gov site immediately to ensure completion of registration before the deadline for submission. FTA will announce grant selections in the Federal Register when the competitive selection process is complete. Contact the appropriate FTA Regional Administrator (Appendix B) for application-specific information and issues. For general program information, contact Blenda Younger, Office of Program Management, (202) 366-2053, e-mail: blenda.younger@dot.gov. A TDD is available at 1–800–877–8339 (TDD/ FIRS). Overview Information Federal Agency Name: Department of Transportation. Federal Transit Administration (FTA). Funding Opportunity Title: Capital and Training Assistance Program for Over-The-Road Bus Accessibility. Announcement Type: Initial Announcement: Notice of Availability of Fiscal Year 2007 Funds: Solicitation of Grant Applications. Catalog of Federal Domestic Assistance (CFDA) Number: 20.518. Capital and Training Assistance Program for Over-The-Road Bus Accessibility. Dates: Complete applications for OTRB Program grants must be submitted to the appropriate FTA regional office (see Appendix B) by November 13, 2007, or submitted electronically through the Grants.Gov Web site by the same date. Anyone intending to apply electronically should initiate the process of registering on the Grants.Gov site immediately to ensure completion of registration before the deadline for submission. FTA will announce grant selections when the competitive selection process is complete. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Table of Contents I. Funding Opportunity Description II. Award Information III. Eligibility Information IV. Application and Submission Information V. Application Review Information VI. Award Administration Information VII. Agency Contacts Appendix A Over-the-Road Bus Accessibility Program Application Appendix B FTA Regional Offices I. Funding Opportunity Description A. Authority The program is authorized under section 3038 of the Transportation Equity Act for the 21st Century (TEA– 21), Public Law 105–85 as amended by the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA–LU), Public Law 109–059, August 10, 2005. B. Background OTRBs are used in intercity fixedroute service as well as other services, such as commuter, charter, and tour bus services. These services are an important element of the U.S. transportation system. TEA–21 authorized FTA’s OTRB Accessibility Program to assist OTRB operators in complying with the Department’s Overthe-Road Bus Accessibility regulation, ‘‘Transportation for Individuals with Disabilities’’ (49 CFR part 37, subpart H). Summary of DOT’s OTRB Accessibility Rule Deadlines for Acquiring Accessible Vehicles Under the Over-the-Road Bus Accessibility regulation, all new buses obtained by large (Class I carriers, i.e., those with gross annual operating revenues of $5.3 million or more), fixedroute carriers after October 30, 2000, must be accessible, with wheelchair lifts and tie-downs that allow passengers to ride in their own wheelchairs. The rule required 50 percent of the fixed-route operators fleets to be accessible by 2006, and 100 percent of the vehicles in their fleets to be accessible by 2012. New buses acquired by small (gross operating revenues of less than $5.3 million annually) fixed-route operators after October 29, 2001, also are required to be lift-equipped, although they do not have a deadline for total fleet accessibility. Small operators also can provide equivalent service in lieu of obtaining accessible buses. Starting in 2001, charter and tour companies must provide service in an accessible bus on 48 hours advance notice. Fixed-route operators must also provide this kind of service on an interim basis until their fleets are completely accessible. E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52599-52600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18168]


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

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 from 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.

CSX Transportation

[Docket Number FRA-2007-28612]

    CSX Transportation (CSX) seeks a permanent waiver of compliance 
from certain provisions of the Locomotive Safety Standards, 49 CFR 
229.129(c), as it pertains to railroad locomotive horn testing. CSX 
seeks to utilize an automated sound measurement system (ASMS) to test 
locomotive horns as required in Sections 229.129(a) and (b). The ASMS 
utilizes a Class 1 sound-level measuring instrument that is permanently 
mounted in a fixed test site and uses the same technology that is used 
to measure noise at airports nationwide.
    CSX requests to extend the requirement for acoustic calibration (49 
CFR 229.129(c)(2) and (9)) from immediately before and after each 
session of compliance tests to a period of not more than every 6 
months. The 6-month period is to be extended to 1 year if the system 
demonstrates a history of stability that indicates the 6-month testing 
is unnecessary. CSX states in their petition that the ASMS is equipped 
with an electrostatic test device that monitors acoustic calibration, 
and that they would review these tests daily and perform calibration as 
needed.
    In addition, CSX requests a waiver to reduce the requirement from a 
locomotive needing a 200-foot clearance (49 CFR 229.129(c)(5)) to the 
front and sides from large reflective surfaces to 150 feet at the side 
clearance. CSX states in their request that they performed horn testing 
at 150 feet and again at the required 200 feet with no measurable 
difference in meter readings. A reduction in the side clearance would 
assist the railroad in finding suitable test sites closer to their 
maintenance facilities.
    Finally, CSX requests a waiver from the requirement of testing cab- 
and low-mounted horns (49 CFR 229.129(c)(7)) at a 4-foot level in order 
to allow all locomotive horns to be tested at the 15-foot level. CSX 
feels that testing all horns at the 15-foot level would provide more 
consistent and meaningful measurements for both types of horn 
mountings. CSX testing shows that cab- and low-mounted horns showed 
reduced sound measurement at the 4-foot level compared to the 15-foot 
level, due to the effect of the acoustic shadow created by the 
locomotive.
    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 (e.g., Waiver Petition Docket Number FRA-
2007-28612) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., 
Room W12-140, Washington, DC 20590-0001.
    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 DOT 
Central Docket Management Facility, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590. 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

[[Page 52600]]

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 19377-78). The Statement 
may also be found at https://dms.dot.gov.

    Issued in Washington, DC, on September 6, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
 [FR Doc. E7-18168 Filed 9-13-07; 8:45 am]
BILLING CODE 4910-06-P
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