Petition for Waiver of Compliance, 49536-49537 [E8-19434]

Download as PDF 49536 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices monitor programs implemented as a result on the adoption of the NCP, including the Fly Quiet Program guidelines and the Noise Monitoring Program. The airport sponsor proposed three changes to flight procedures. One of these measures, a change to nighttime flight procedures for jets departing to the north, will require further safety and environmental analysis. The other two programs elements FAA disapproved as they involve proposed changes to flight paths that FAA Air Traffic Control determined would create numerous adverse impacts to safety and efficiency of air traffic control operations. These program elements propose testing 24hour flight tracks between 350 and 010 degree headings and implementing a 170 degree departure heading to 4 DME or 8,000 MSL (+/¥20 degrees). FAA disapproved the remaining program element, the proposed ban of Stage 2 aircraft under 75,000 lbs. from operating at Centennial Airport at nighttime, pending further study. Per the requirements of 14 CFR Part 16, this measure requires further study to determine the impact on the national airspace system and air commerce. FAA’s determinations are set forth in detail in a Record of Approval endorsed by the Airports Division Manager on August 12, 2008. The Record of Approval, as well as other evaluation materials and the documents comprising the submittal, are available for review at the FAA office and Internet site listed above and at the administrative offices of the Arapahoe County Public Airport Authority, Englewood, CO. Issued in Renton, Washington on August 12, 2008. Donna Taylor, Manager, Airports Division, FAA Northwest Mountain Region. [FR Doc. E8–19278 Filed 8–20–08; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Railroad Administration mstockstill on PROD1PC66 with NOTICES 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 VerDate Aug<31>2005 17:48 Aug 20, 2008 Jkt 214001 requested, and the petitioner’s arguments in favor of relief. Town of Ipswich, Massachusetts [Waiver Petition Docket Number FRA– 2008–0093] The Town of Ipswich, Massachusetts (Town) seeks a permanent waiver of compliance from certain provisions of FRA’s regulations on the Use of Locomotive Horns at Highway-Rail Grade Crossings, 49 CFR Part 222. The Town intends to establish a Pre-Rule Quiet Zone to formalize existing restrictions on routine sounding of the locomotive horn that were previously continued under the provisions of 49 CFR 222.41(c)(1). The Town is seeking a waiver to extend the filing date for a Detailed Plan, as provided in 49 CFR 222.41(c)(2)(i)(B), which indicates that the Detailed Plan must be filed with FRA by June 24, 2008. The waiver petition requests that the Detailed Plan filed by the Town on July 28, 2008 be accepted as a valid Detailed Plan even though it was filed after June 24, 2008. Initially, the Town of Ipswich submitted a Detailed Plan dated June 23, 2008, which was not received by FRA until June 30, 2008. The original Detailed Plan stated that the Town intended to reassess the risk index for the Topsfield Road grade crossing after March 2009, 5 years after an accident that occurred at the Topsfield Road location, to determine if additional safety improvements at this grade crossing would be required. FRA rejected this Detailed Plan because it was not received by the agency until June 30, 2008, and it did not include a detailed explanation of, and timetable for, the safety improvements that would be implemented as required by 49 CFR 222.41(c)(2)(i)(B). The Town, after discussion with representatives of FRA and the Massachusetts Bay Transportation Authority (MBTA), resubmitted the Detailed Plan on July 28, 2008, outlining the intended supplemental safety measures for the Topsfield Road grade crossing. The Town seeks the waiver in order to continue the restrictions on routine sounding of locomotive horns at the grade crossings identified in its Detailed Plan until June 24, 2010. The Town of Ipswich, the public authority, is filing this waiver request without the support of the MBTA, which is the railroad providing service over the five grade crossings identified in the Detailed Plan. However, the petition contains an explanation of the steps that the Town has taken to reach an agreement with the MBTA, in accordance with 49 CFR 222.15(b). As PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 stated in the petition, the Town has made a written request to the MBTA to support its waiver request and the Detailed Plan. The Town also conducted a meeting of its Board of Selectmen on August 1, 2008, where an MBTA official in attendance stated that it is the policy of the MBTA to neither support nor oppose requests by municipalities to maintain quiet zones or obtain waivers from FRA regulations. The Town has also asserted in its waiver petition that the joint submission requirement contained in 49 CFR 222.15(a) would not be likely to contribute significantly to public safety in this instance, based on its plans to install a four-quadrant gate system with enhanced electronic monitoring at the Topsfield Road crossing, where an accident occurred in March 2004. 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– 0093) 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 20 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 E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / 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 19477–78). Issued in Washington, DC on August 18, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–19434 Filed 8–20–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Application for Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. AGENCY: List of Applications for Special Permits. ACTION: SUMMARY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passengercarrying aircraft. DATES: Comments must be received on or before September 22, 2008. Address Comments to: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of 49537 comments is desired, include a selfaddressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington DC or at https://dms.dot.gov. This notice of receipt of applications for special permit is published in accordance with Part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Issued in Washington, DC, on August 8, 2008. Delmer F. Billings, Director, Office of Hazardous Materials, Special Permits and Approvals. NEW SPECIAL PERMITS Docket No. 14739–N ............ ........................... 14740–N ............ Regulation(s) affected Nature of special permits thereof Battery Council International (BCI), Chicago, IL. 49 CFR 172.316 ............. ........................... Air Products and Chemicals, Inc., Allentown, PA. 49 CFR 173.301(c) and (f) and 173.40. 14741–N ............ ........................... ........................... Weatherford International, Fort Worth, TX. Strong Environmental, Inc., Norcross, GA. 49 CFR 173.304 ............. 14742–N ............ 14743–N ............ ........................... TIER DE, Inc., Gap, PA 49 CFR 173.24b and 173.244. 14744–N ............ ........................... Sandia National Laboratories, Albuquerque, NM. 49 CFR 173.24(b)(1) and 173.302a. 14746–N ............ mstockstill on PROD1PC66 with NOTICES Application No. ........................... Preferred Foam Products, Inc., Clinton, CT. 49 CFR 173.315(a) ........ To authorize the transportation in commerce of certain Consumer commodities that have been overpacked and do not have the correct markings on the inner package when transported by motor vehicle. (mode 1) To authorize the transportation in commerce of certain DOT-specification cylinders containing nitric oxide that do not meet the requirements for pressure relief devices. (modes 1, 3) To authorize the transportation in commerce of sulfur hexafluoride in non-DOT specification cylinders. (modes 1, 3, 4, 5) To authorize the manufacture, marking, sale and use of a IJN standard 4G fiberboard box for use as the outer packaging for lab pack applications in accordance with § 173.12(b). (mode 1) To authorize the one-time, one-way transportation in commerce of a non-DOT specification metal tank containing approximately 700 lbs. of sodium by motor vehicle. (mode 1) To authorize the transportation in commerce of DOT Specification 3AA and ICC 3A cylinders containing nitrogen, compressed, and a nonDOT specification refrigeration system containing helium that are installed in the Advance Flight Telescope (AFT) Payload where the cylinders release nitrogen into the satellite telescope during transportation. (modes 1, 4, 5) To authorize the transportation in commerce of certain non-DOT specification portable tanks containing a Division 2.2 compressed gas. (modes 1, 2) VerDate Aug<31>2005 17:48 Aug 20, 2008 Applicant Jkt 214001 PO 00000 Frm 00132 49 CFR 173.12(b) .......... Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Notices]
[Pages 49536-49537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19434]


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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.

Town of Ipswich, Massachusetts

[Waiver Petition Docket Number FRA-2008-0093]

    The Town of Ipswich, Massachusetts (Town) seeks a permanent waiver 
of compliance from certain provisions of FRA's regulations on the Use 
of Locomotive Horns at Highway-Rail Grade Crossings, 49 CFR Part 222. 
The Town intends to establish a Pre-Rule Quiet Zone to formalize 
existing restrictions on routine sounding of the locomotive horn that 
were previously continued under the provisions of 49 CFR 222.41(c)(1). 
The Town is seeking a waiver to extend the filing date for a Detailed 
Plan, as provided in 49 CFR 222.41(c)(2)(i)(B), which indicates that 
the Detailed Plan must be filed with FRA by June 24, 2008. The waiver 
petition requests that the Detailed Plan filed by the Town on July 28, 
2008 be accepted as a valid Detailed Plan even though it was filed 
after June 24, 2008.
    Initially, the Town of Ipswich submitted a Detailed Plan dated June 
23, 2008, which was not received by FRA until June 30, 2008. The 
original Detailed Plan stated that the Town intended to reassess the 
risk index for the Topsfield Road grade crossing after March 2009, 5 
years after an accident that occurred at the Topsfield Road location, 
to determine if additional safety improvements at this grade crossing 
would be required. FRA rejected this Detailed Plan because it was not 
received by the agency until June 30, 2008, and it did not include a 
detailed explanation of, and timetable for, the safety improvements 
that would be implemented as required by 49 CFR 222.41(c)(2)(i)(B). The 
Town, after discussion with representatives of FRA and the 
Massachusetts Bay Transportation Authority (MBTA), resubmitted the 
Detailed Plan on July 28, 2008, outlining the intended supplemental 
safety measures for the Topsfield Road grade crossing.
    The Town seeks the waiver in order to continue the restrictions on 
routine sounding of locomotive horns at the grade crossings identified 
in its Detailed Plan until June 24, 2010.
    The Town of Ipswich, the public authority, is filing this waiver 
request without the support of the MBTA, which is the railroad 
providing service over the five grade crossings identified in the 
Detailed Plan. However, the petition contains an explanation of the 
steps that the Town has taken to reach an agreement with the MBTA, in 
accordance with 49 CFR 222.15(b). As stated in the petition, the Town 
has made a written request to the MBTA to support its waiver request 
and the Detailed Plan. The Town also conducted a meeting of its Board 
of Selectmen on August 1, 2008, where an MBTA official in attendance 
stated that it is the policy of the MBTA to neither support nor oppose 
requests by municipalities to maintain quiet zones or obtain waivers 
from FRA regulations.
    The Town has also asserted in its waiver petition that the joint 
submission requirement contained in 49 CFR 222.15(a) would not be 
likely to contribute significantly to public safety in this instance, 
based on its plans to install a four-quadrant gate system with enhanced 
electronic monitoring at the Topsfield Road crossing, where an accident 
occurred in March 2004.
    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-
2008-0093) 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 20 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

[[Page 49537]]

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 August 18, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-19434 Filed 8-20-08; 8:45 am]
BILLING CODE 4910-06-P

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