Petition for Waiver of Compliance, 66289-66290 [E8-26665]
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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,
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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
66290
Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Notices
Issued in Washington, DC on November 3,
2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E8–26665 Filed 11–6–08; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34936]
Port of Moses Lake—Construction
Exemption—Moses Lake, WA [STB
Finance Docket No. 34936 (Sub-No. 1)];
Port of Moses Lake—Acquisition
Exemption—Moses Lake, WA
Surface Transportation Board
and Washington State Department of
Transportation.
ACTION: Notice of Availability of
Environmental Assessment and Request
for Public Review and Comment.
ebenthall on PROD1PC60 with NOTICES
AGENCY:
SUMMARY: By petition filed on August
28, 2008, the Port of Moses Lake (Port)
seeks an exemption under 49 U.S.C.
10502 from the prior approval
requirements of 49 U.S.C. 10901 to
construct rail lines in Grant County,
Washington. In the same petition, the
Port also seeks an exemption under 49
U.S.C. 10502 from the prior approval
requirements of 49 U.S.C. 10901 to
acquire an existing segment of rail line
from Columbia Basin Railroad
Company, Inc. (CBRW). The Board,
through its Section of Environmental
Analysis (SEA), and the Washington
State Department of Transportation
(WSDOT) are co-lead agencies
responsible for the environmental
review of the proposed rail project and
the preparation of the Environmental
Assessment (EA).
The proposed project, known as the
Northern Columbia Basin Railroad
Project, includes the construction of two
new rail line segments and the
acquisition and refurbishment of an
existing rail segment to provide rail
access to land designated and zoned for
industrial uses along Wheeler Road
(Road 3 NE) and at the Grant County
International Airport (GCIA). The entire
proposed route would extend
approximately 11.5 miles.
For Segment 1, the Port proposes to
construct a rail line that would allow
trains to bypass downtown Moses Lake
and would provide access to the
industrial areas along Wheeler Road
(Road 3 NE), including one of two
alternatives for a bridge crossing at
Parker Horn or Crab Creek. For Segment
2, the Port proposes to extend the
VerDate Aug<31>2005
15:04 Nov 06, 2008
Jkt 217001
existing track (Segment 3), which
currently terminates just south of the
GCIA, to the industrial lands located
east of the GCIA. For Segment 3, the
Port proposes to acquire and rehabilitate
an existing rail line that is currently
owned by CBRW. Goods to be shipped
would vary depending on the specific
industries that may locate along the
route, but would likely consist of steel,
manufactured parts, and specialty
chemicals. The proposed rail route
would accommodate a maximum of two
trains (one round trip) per day for the
foreseeable future.
Copies of the EA have been served on
all interested parties and will be made
available to additional parties upon
request. The entire EA is also available
for review on the Board’s Web site
(https://www.stb.dot.gov) by going to ‘‘ELIBRARY,’’ clicking on the ‘‘Decisions
and Notices’’ link, and then searching
by the Service Date (November 7, 2008)
or Docket Number (FD 34936). SEA,
working with WSDOT, will consider all
comments received in making its final
recommendations to the Board. The
Board will then consider SEA’s final
recommendations and the complete
environmental record in making its final
decision in this proceeding.
FOR FURTHER INFORMATION CONTACT:
Christa Dean, Attorney and Project
Manager, at (202) 245–0299; e-mail:
christa.dean@stb.dot.gov, or Elizabeth
Phinney, WSDOT Rail Environmental
Manager, at (360) 705–7902; e-mail:
phinnee@wsdot.wa.gov. Federal
Information Relay Service for the
hearing impaired: 1–800–877–8339.
The EA is available for public
review and comment. All comments
must be submitted or post-marked by
December 8, 2008.
DATES:
Send written comments to:
Christa Dean, Surface Transportation
Board, 395 E Street, SW., Room 1108,
Washington, DC 20423.
Please reference STB Docket No.
34992 in all correspondence.
Comments on the EA may also be
filed electronically on the Board’s Web
site, https://www.stb.dot.gov, by clicking
on the ‘‘E-FILING’’ link.
ADDRESSES:
Decided: November 7, 2008.
By the Board, Victoria Rutson, Chief,
Section of Environmental Analysis.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8–26552 Filed 11–6–08; 8:45 am]
BILLING CODE 4915–01–P
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35190]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—Orange County
Transportation Authority
Orange County Transportation
Authority (OCTA), pursuant to a written
trackage rights agreement entered into
between OCTA and Union Pacific
Railroad Company (UP), has agreed to
grant to UP temporary overhead
trackage rights between milepost 165.25
at Fullerton Jct., CA, and milepost
171.00 at CP College, CA, a total
distance of approximately 5.75 miles.
The transaction is scheduled to be
consummated on January 5, 2009.1 The
temporary trackage rights will expire on
or about January 26, 2009. The purpose
of the temporary trackage rights is to
facilitate maintenance work on UP lines.
As a condition to this exemption, any
employee affected by the acquisition of
the temporary trackage rights will be
protected by the conditions imposed in
Norfolk and Western Ry. Co.—Trackage
Rights—BN, 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Ry., Inc.—
Lease and Operate, 360 I.C.C. 653
(1980), and any employee affected by
the discontinuance of those trackage
rights will be protected by the
conditions set out in Oregon Short Line
R. Co.—Abandonment—Goshen, 360
I.C.C. 91 (1979).
This notice is filed under 49 CFR
1180.2(d)(8). If it contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction. Any
stay petition must be filed on or before
November 14, 2008 (at least 7 days
before the exemption becomes
effective).
Pursuant to the Consolidated
Appropriations Act, 2008, Public Law
110–161, section 193, 121 Stat. 1844
(2007), nothing in this decision
authorizes the following activities at any
solid waste rail transfer facility:
collecting, storing, or transferring solid
waste outside of its original shipping
container; or separating or processing
solid waste (including baling, crushing,
compacting, and shredding). The term
‘‘solid waste’’ is defined in section 1004
of the Solid Waste Disposal Act, 42
U.S.C. 6903.
1 The exemption is scheduled to become effective
on November 22, 2008 (30 days after the exemption
was filed).
E:\FR\FM\07NON1.SGM
07NON1
Agencies
[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Notices]
[Pages 66289-66290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26665]
-----------------------------------------------------------------------
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 (Metro-North) 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 Sec. 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 Sec. 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,
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).
[[Page 66290]]
Issued in Washington, DC on November 3, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-26665 Filed 11-6-08; 8:45 am]
BILLING CODE 4910-06-P