Petition for Waiver of Compliance, 29568-29569 [E8-11362]

Download as PDF 29568 Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices 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. cprice-sewell on PROD1PC69 with NOTICES Norfolk Southern Corporation (Docket Number FRA–2008–0029) The Norfolk Southern Corporation (NS), seeks a waiver of compliance from certain provisions of the Safety Appliance Standards, 49 CFR Part 231, that requires uncoupling levers on each end of freight cars. Specifically, this request to remove uncoupling levers on thirteen (13) NS owned special equipment cars in rail train service while loading or unloading continuous welded rail throughout the NS system by NS. NS believes that these welded rail cars can be operated safely with the uncoupling levers removed and couplers immobilized. These welded rail trains are operated as units, and are not switched in yards as conventional freight cars. Due to the nature of moving welded rail, it is highly undesirable for cars to become uncoupled from a safety practice. 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– 0029) 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. VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 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 May 15, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–11360 Filed 5–20–08; 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. Association of American Railroads (Modification To Waiver Petition Docket Number FRA–1999–5104) As a modification to the Association of American Railroads (AAR) permanent waiver of compliance with 49 CFR 213.137, AAR is seeking permission from FRA to modify the terms and conditions of its decision letter dated PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 June 27, 2000, pertaining to flange bearing frogs. AAR, on behalf of its member railroads, received permission from FRA to install flange bearing frogs in its June 27, 2000, decision letter. FRA granted this relief conditionally, with a requirement for Equipment Inspections at all installations. In a decision letter dated May 3, 2006, AAR received further permission for CSX Transportation to specifically install a flange bearing frog in Shelby, Ohio. With this petition, AAR is notifying FRA that it’s Shelby, Ohio, flange bearing frog installation has been successful, and that the BNSF Railway Company (BNSF) will install 2 additional flange bearing frogs in Moorhead, Minnesota. AAR states, ‘‘This inspection requirement is costly and significantly delays the transportation of rail cars undergoing the inspections. In fact, it is because of this inspection requirement that the industry has been slow to install flange bearing frog crossing diamonds under the waiver.’’ Therefore, AAR requests that FRA relieve BNSF of this condition requiring equipment inspections. 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–1999– 5104) 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 E:\FR\FM\21MYN1.SGM 21MYN1 Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices 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 May 15, 2005. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–11362 Filed 5–20–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Public Transportation on Indian Reservations Program; Tribal Transit Program Federal Transit Administration (FTA), DOT. ACTION: Notice of Funding Availability: Solicitation of Grant Applications for FY 2008 Tribal Transit Program Funds. cprice-sewell on PROD1PC69 with NOTICES AGENCY: SUMMARY: This notice announces the availability of Fiscal Year (FY) 2008 funds for the Public Transportation on Indian Reservations Program, a program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), Section 3013 (c). This notice includes a national solicitation for Grant Applications for FY 2008 Tribal Transit Program (TTP) funds to be selected on a competitive basis; the grant terms and conditions that apply to this program; and grant application procedures and selection criteria for FY 2008 projects. The Federal Transit Administration (FTA) expects to have a total of $12 million for FY 2008. For more information on the program and a list of projects currently funded go to https://www.fta.dot.gov/funding/grants/ grants_financing_3553.html ADDRESSES: This announcement is available on the FTA Web site at https://www.fta.dot.gov. FTA will post a synopsis of this announcement on the government-wide electronic grants Web site at: https://www.grants.gov. VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 Applicants may submit applications in one of three ways: delivering five hard copies to Federal Transit Administration, 1200 New Jersey Avenue, SE., Washington, DC, 20590 Attention: Lorna R. Wilson; sending by e-mail to fta.tribalprogram@dot.gov, or filing electronically through the grants.gov Web site at https:// www.grants.gov. Applicants applying by e-mail must fax signature documents to 202–366–7951, Attention: Lorna Wilson. FTA will announce final selections on the Web site and in the Federal Register. DATES: Applicants must submit completed applications by August 19, 2008. 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. Applicants should be aware that materials sent through the U.S. Postal Service are subject to significant delays in delivery due to the security screening process. Use of courier or express delivery services is recommended. FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional Tribal Liaison (Appendix B) for application-specific information. For general program information, contact Lorna R. Wilson, Office of Transit Programs, at (202) 366–2053, e-mail: Lorna.Wilson@dot.gov. A TDD is available at 1–800–877–8339 (TDD/ FIRS). SUPPLEMENTARY INFORMATION: Table of Contents I. Overview II. Background III. Funding Opportunity Description A. Authorized Funding For FY 2008 IV. Award Information V. Eligibility Information A. Eligible Applicants B. Eligible Projects VI. Cost Sharing or Matching VII. Terms and Conditions VIII. Guidelines for Preparing Grant Application IX. Application Content A. Application Information B. Technical, Legal, and Financial Capacity C. Project Information D. Application Evaluation Criteria E. Submission Dates and Times F. Intergovernmental Review G. Funding Restrictions H. Other Submission Requirements X. Application Review Process A. Competitive Selection Process B. Evaluation Criteria i. Criterion 1: Project Planning And Coordination PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 29569 ii. Criterion 2: Demonstration Of Need iii. Criterion 3: Benefits Of Project iv. Criterion 4: Financial Commitment And Operating Capacity C. Proposals for Planning Grants D. Review and Selection Process E. Continuation Projects XI. Award Administration Information XII. Other Information A. Technical Assistance B. Certifications and Assurances C. Reporting D. Agency Contact(s) Appendices Appendix A. Federal Fiscal Year 2008 Certifications and Assurances for the Federal Transit Administration Public Transportation on Indian Reservation Program Appendix B. FTA Regional Offices and Tribal Liaison Appendix C. Technical Assistance Contacts I. Overview Section 3013 of SAFETEA–LU, [Pub. L. 109–59 (August 10, 2005)] amended 49 U.S.C. 5311(c) by establishing the Public Transportation on Indian Reservations Program (Tribal Transit Program). This program authorizes direct grants ‘‘under such terms and conditions as may be established by the Secretary’’ to Indian tribes for any purpose eligible under FTA’s Nonurbanized Area Formula Program, 49 U.S.C. 5311. The funding increases from $8 million in FY 2006 to $15 million in FY 2009. The Conference Report to SAFETEA–LU indicated that the funds set aside for Indian tribes in the TTP are not meant to replace or reduce funds that Indian tribes receive from States through FTA’s Nonurbanized Area Formula Program. The Catalog of Federal Domestic Assistance (CFDA) number for the program is 20.509. II. Background Prior to SAFETEA–LU, the Section 5311 program did not include a separate public transit program for tribes. Tribes were eligible under the Section 5311 program only as subrecipients. SAFETEA–LU authorized a TTP and authorized tribes to be direct recipients of Section 5311 Program funds. As expressed in the Conference Report for SAFETEA–LU Congress intended that the funds available for the TTP should not replace or reduce funds tribes receive from States under the Section 5311 program. FTA previously published Notices of Funding Availability for FY 2006 and FY 2007. For more information on the program and a list of projects currently funded go to https://www.fta.dot.gov/funding/ grants/grants_financing_3553.html. E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29568-29569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11362]


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

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.

Association of American Railroads

(Modification To Waiver Petition Docket Number FRA-1999-5104)

    As a modification to the Association of American Railroads (AAR) 
permanent waiver of compliance with 49 CFR 213.137, AAR is seeking 
permission from FRA to modify the terms and conditions of its decision 
letter dated June 27, 2000, pertaining to flange bearing frogs.
    AAR, on behalf of its member railroads, received permission from 
FRA to install flange bearing frogs in its June 27, 2000, decision 
letter. FRA granted this relief conditionally, with a requirement for 
Equipment Inspections at all installations. In a decision letter dated 
May 3, 2006, AAR received further permission for CSX Transportation to 
specifically install a flange bearing frog in Shelby, Ohio.
    With this petition, AAR is notifying FRA that it's Shelby, Ohio, 
flange bearing frog installation has been successful, and that the BNSF 
Railway Company (BNSF) will install 2 additional flange bearing frogs 
in Moorhead, Minnesota. AAR states, ``This inspection requirement is 
costly and significantly delays the transportation of rail cars 
undergoing the inspections. In fact, it is because of this inspection 
requirement that the industry has been slow to install flange bearing 
frog crossing diamonds under the waiver.'' Therefore, AAR requests that 
FRA relieve BNSF of this condition requiring equipment inspections.
    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-
1999-5104) 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

[[Page 29569]]

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 May 15, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-11362 Filed 5-20-08; 8:45 am]
BILLING CODE 4910-06-P

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