Petition for Waiver of Compliance, 19930-19931 [E8-7682]

Download as PDF 19930 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices Web site: https://www.regulations.gov. Follow the online instructions for submitting comments. Fax: 202–493–2251. Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, 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://www.regulations.gov. Anyone is able to search the electronic form of any written communications and 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). Issued in Washington, DC, on April 7, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–7680 Filed 4–10–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration mstockstill on PROD1PC66 with NOTICES 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 railroad has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236, as detailed below. VerDate Aug<31>2005 19:21 Apr 10, 2008 Jkt 214001 Docket Number FRA–2008–0011 Applicant: New York, Susquehanna and Western Railway Corporation, Mr. Nathan R. Fenno, President, 1 Railroad Avenue, Cooperstown, New York 13326. The New York, Susquehanna and Western Railway Corporation seeks approval of the proposed discontinuance and removal of the interlocking signal system at CP Forks, Milepost (MP) 201 to MP 205 and MP 203.62 to MP 205 on two main lines originating in Binghamton, New York, the Syracuse Main Line and the Utica Main Line. The reason given for the proposed changes is that since June 2006, the Utica Main Line has been out of service from MP 205 to MP 243.51 due to extensive flooding. The Utica Main Line from MP 202.62 to MP 205 is used as a storage spur under the Maintenance of Way supervision. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. All communications concerning this proceeding should be identified by Docket Number FRA–2008–0011 and may be submitted by one of the following methods: • Web site: https:// www.regulations.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, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590; or • Hand Delivery: Room W12–140 of the U.S. Department of Transportation West Building Ground Floor, 1200 New Jersey Avenue, SE., 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 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 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://www.regulations.gov. FRA wishes to inform all potential commenters that 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) or you may visit https://dms.dot.gov. Issued in Washington, DC, on April 7, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–7681 Filed 4–10–08; 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 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. Lavacot Locomotive Works, Inc. Docket Number FRA–2008–0021 Lavacot Locomotive Works, Inc. (LLW) requests a waiver from the requirement of 49 CFR Section 224.103(b), Characteristics of Retroreflective Sheeting; Color. LLW requests that it be permitted to use the color red instead of yellow to comply with this rule. LLW owns two ex-Southern Pacific Railroad (SP) SD–9 type locomotives, which are occasionally leased and used by the Portland & Western Railroad in freight service. The Albany & Eastern Railroad and the Port of Tillamook Bay Railroad also have used them. All three of these railroads are shortlines located in northwestern Oregon. When the locomotives were last in SP service, they were numbered SP 4364 and 4433. E:\FR\FM\11APN1.SGM 11APN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices When delivered from the builder, they were identified as SP 5399 and 5426, respectively. These locomotives were built in 1955 and rebuilt by SP in the 1970s. Wishing to acknowledge the historic heritage of these locomotives, LLW has returned the ex-SP 4364 to its, as built, ‘‘Black Widow’’ livery and original number of 5399. LLW intends to repaint and renumber 4433 similarly. The Black Widow paint scheme consists of a black car body with silver ends and a 9-inch red side frame stripe immediately below the walkway. The front end, in addition to the silver painted nose, has a horizontal silver side stripe above two orange stripes, all trailing back toward the cab. The trucks are painted silver. Title 49 CFR Part 224, Reflectorization of Rail Freight Rolling Stock (Final Rule), does not provide a mechanism for facilitating the application of historically correct paint schemes to antique or historic rail equipment. LLW states in its request for relief that they recognize the importance of the visibility issue addressed by the rule and proposes to substitute reflectorized red material meeting the same standards, as required by 49 CFR Section 224.103(b). LLW states that red reflectorized material is widely used for safety in such applications as striping on grade crossing gate arms. Also, the trucks of the locomotives are painted silver to enhance visibility. 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–2008– 0021) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. VerDate Aug<31>2005 19:21 Apr 10, 2008 Jkt 214001 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://www.regulations.gov. Anyone is able to search the electronic form of any written communications and 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). Issued in Washington, DC, on April 7, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–7682 Filed 4–10–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2008 0033] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel ANCHOR MANAGEMENT. AGENCY: SUMMARY: As authorized by Public Law 105–383 and Public Law 107–295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2008– XXXX at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 19931 Law 105–383 and MARAD’s regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. DATES: Submit comments on or before May 12, 2008. ADDRESSES: Comments should refer to docket number MARAD–2008–XXXX. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel ANCHOR MANAGEMENT is: Intended Use: ‘‘Day sailing trips.’’ Geographic Region: ‘‘Galveston Bay and possibly the Gulf of Mexico’’ Privacy Act 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). Dated: April 2, 2008. E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19930-19931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7682]


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

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 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.

Lavacot Locomotive Works, Inc.

Docket Number FRA-2008-0021

    Lavacot Locomotive Works, Inc. (LLW) requests a waiver from the 
requirement of 49 CFR Section 224.103(b), Characteristics of 
Retroreflective Sheeting; Color. LLW requests that it be permitted to 
use the color red instead of yellow to comply with this rule.
    LLW owns two ex-Southern Pacific Railroad (SP) SD-9 type 
locomotives, which are occasionally leased and used by the Portland & 
Western Railroad in freight service. The Albany & Eastern Railroad and 
the Port of Tillamook Bay Railroad also have used them. All three of 
these railroads are shortlines located in northwestern Oregon. When the 
locomotives were last in SP service, they were numbered SP 4364 and 
4433.

[[Page 19931]]

When delivered from the builder, they were identified as SP 5399 and 
5426, respectively. These locomotives were built in 1955 and rebuilt by 
SP in the 1970s.
    Wishing to acknowledge the historic heritage of these locomotives, 
LLW has returned the ex-SP 4364 to its, as built, ``Black Widow'' 
livery and original number of 5399. LLW intends to repaint and renumber 
4433 similarly. The Black Widow paint scheme consists of a black car 
body with silver ends and a 9-inch red side frame stripe immediately 
below the walkway. The front end, in addition to the silver painted 
nose, has a horizontal silver side stripe above two orange stripes, all 
trailing back toward the cab. The trucks are painted silver.
    Title 49 CFR Part 224, Reflectorization of Rail Freight Rolling 
Stock (Final Rule), does not provide a mechanism for facilitating the 
application of historically correct paint schemes to antique or 
historic rail equipment. LLW states in its request for relief that they 
recognize the importance of the visibility issue addressed by the rule 
and proposes to substitute reflectorized red material meeting the same 
standards, as required by 49 CFR Section 224.103(b). LLW states that 
red reflectorized material is widely used for safety in such 
applications as striping on grade crossing gate arms. Also, the trucks 
of the locomotives are painted silver to enhance visibility.
    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-
2008-0021) and may be submitted by any of the following methods:
     Web site: https://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, 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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and 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).

    Issued in Washington, DC, on April 7, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-7682 Filed 4-10-08; 8:45 am]
BILLING CODE 4910-06-P
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