Petition for Waiver of Compliance, 66288-66289 [E8-26664]

Download as PDF 66288 Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Notices information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued on: November 3, 2008. Judith Kane, Team Leader, Management Programs and Analysis Division. [FR Doc. E8–26643 Filed 11–6–08; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 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. ebenthall on PROD1PC60 with NOTICES [Docket Number FRA–2008–0108] Applicant: Port of San Francisco, Ms. Evelyn Onderdonk, P.E., Resident Engineer, Pier 1, The Embarcadero, San Francisco, California 94111. The Port of San Francisco seeks relief from the requirements of the Rules, Standards, and Instructions, Title 49 CFR Part 236, §§ 236.312, Movable bridge, interlocking of signal appliances with bridge; 236.303, Control circuits for signals, selected through circuit controller operated by switch points or by switch locking mechanism; and 236.55, Dead section; maximum length, on the Illinois Street Bridge Project. The Port is the owner of the bridge and the railroad. The location of the bridge is in San Francisco on Illinois Street between Cargo Way and Marin Street. Applicant’s justification for relief: As to § 236.312, the Illinois Street Bridge is a non-counterweighted single leaf VerDate Aug<31>2005 15:04 Nov 06, 2008 Jkt 217001 trunnion type bascule span rotated by hydraulic cylinders. The leaf weighs 475 kips. The bridge is opened by brute force. As such, there is no need for a mechanical locking device to hold the bridge down. Horizontal alignment of the rail is provided by the trunnion at the heel end and by friction on the toe end bearings. In addition, a toe end centering device, or lug, is provided to ensure bridge horizontal alignment in overload conditions such as moderate earthquakes and ship impacts. As to § 236.303, trains are operating at 10 mph, regardless of the switch points’ position the train engineer, per the railroad’s operating procedures, will get off the engine, inspect the switch points and align if required to ensure that they are in the correct position and that no obstructions are present, push the appropriate push button, wait until a proceed signal is received, board the engine, and proceed. As to § 236.55, there is a 70-foot dead section on the bridge. A trap circuit ensures that the bridge cannot be raised while the bridge is occupied by a train and functions as follows: ‘‘When a train leaves the last track circuit before the dead section and enters the dead section, the track circuit on the other side of the dead section must become occupied and then unoccupied before the bridge can be raised.’’ Under this system, there is a possibility that a rail car could be left within the dead section and not be detected. To protect against this possibility, operation of the bridge must occur from the roof of the bridge control house where conditions on the bridge can be observed. The bridge cannot be raised remotely. The train engineer shall use line of sight to ensure that the bridge is unobstructed before proceeding across the bridge. 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. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and it shall contain 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. All communications concerning these proceedings should be identified by PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 Docket Number FRA–2008–0108 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 November 3, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–26619 Filed 11–6–08; 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) 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. E:\FR\FM\07NON1.SGM 07NON1 Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Notices New Jersey Transit Rail ebenthall on PROD1PC60 with NOTICES [Docket Number FRA–2008–0109] New Jersey Transit Rail (NJTR) seeks a waiver of compliance with certain requirements of 49 CFR 238.307(c)(7) Passenger Equipment Safety Standards, as they pertain to inspection and gauging the coupler and draft gear arraignment during the required periodic mechanical inspection of passenger cars and unpowered vehicles used in passenger trains. The periodic mechanical inspection is required to be performed at 184-day intervals at which time the railroad would be required to uncouple the car to inspect and gauge the couplers. NJTR’s request is to perform this inspection during an annual inspection and perform a visual inspection to the extent possible at 180 days. 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– 0109) 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 VerDate Aug<31>2005 15:04 Nov 06, 2008 Jkt 217001 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 November 3, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–26664 Filed 11–6–08; 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) 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. Metro-North Railroad [Docket Number FRA–2007–0006] The Metro-North Railroad (MetroNorth) seeks a permanent waiver of compliance from certain specific requirements in the testing protocol of the Locomotive Safety Standards, 49 CFR 229.129(c), as it pertains to railroad locomotive horn testing. Metro-North seeks to utilize an acoustic enclosure specially designed for the purpose of testing horns removed from the locomotives in lieu of the requirements required in CFR § 229.129(c)(4), (5) and (7). The data from the acoustic enclosure testing would be used to calculate the level to be expected at the location 100 feet in front of the locomotive as required under CFR § 229.129(c)(7). Metro-North has requested the Acoustical Society of America to work towards a new ANSI standard that supports the approach proposed by Metro-North. Metro-North further proposes to fund the design, fabrication and pilot testing of the testing facility proposed if this waiver application is granted on a conditional basis. In addition to the requested waiver of the technical requirements described above, PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 66289 Metro-North is also requesting an extension of five (5) years to June 24, 2015, in which to complete the required testing of its approximately 762 train horns. 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– 0006) 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). E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Notices]
[Pages 66288-66289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26664]


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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.

[[Page 66289]]

New Jersey Transit Rail

[Docket Number FRA-2008-0109]

    New Jersey Transit Rail (NJTR) seeks a waiver of compliance with 
certain requirements of 49 CFR 238.307(c)(7) Passenger Equipment Safety 
Standards, as they pertain to inspection and gauging the coupler and 
draft gear arraignment during the required periodic mechanical 
inspection of passenger cars and unpowered vehicles used in passenger 
trains. The periodic mechanical inspection is required to be performed 
at 184-day intervals at which time the railroad would be required to 
uncouple the car to inspect and gauge the couplers. NJTR's request is 
to perform this inspection during an annual inspection and perform a 
visual inspection to the extent possible at 180 days.
    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-
2008-0109) 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 November 3, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-26664 Filed 11-6-08; 8:45 am]
BILLING CODE 4910-06-P

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