Petition for Waiver of Compliance, 77869-77870 [E8-30158]

Download as PDF Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices FOR FURTHER INFORMATION CONTACT: Mr. Jeff Stookey, Office of Aerospace Medicine, Drug Abatement Division, Program Administration Branch (AAM– 810), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–8442. Discussion: Pursuant to 14 CFR part 121, appendix I, section V.C, the FAA Administrator’s decision on whether to change the minimum annual random drug testing rate is based on the reported random drug test positive rate for the entire aviation industry. If the reported random drug test positive rate is less than 1.00%, the Administrator may continue the minimum random drug testing rate at 25%. In 2007, the random drug test positive rate was 0.60%. Therefore, the minimum random drug testing rate will remain at 25% for calendar year 2009. Similarly, 14 CFR part 121, appendix J, section III.C, requires the decision on the minimum annual random alcohol testing rate to be based on the random alcohol test violation rate. If the violation rate remains less than 0.50%, the Administrator may continue the minimum random alcohol testing rate at 10%. In 2007, the random alcohol test violation rate was 0.13%. Therefore, the minimum random alcohol testing rate will remain at 10% for calendar year 2009. If you have questions about how the annual random testing percentage rates are determined please refer to the Code of Federal Regulations Title 14: part 121, appendix I, section V.C (for drug testing), and appendix J, section III.C (for alcohol testing). SUPPLEMENTARY INFORMATION: Issued in Washington, DC on December 15, 2008. James R. Fraser, Deputy Federal Air Surgeon. [FR Doc. E8–30191 Filed 12–18–08; 8:45 am] BILLING CODE 4910–13–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 VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 requested, and the petitioner’s arguments in favour of relief. Port Authority Trans-Hudson Corporation [Docket Number FRA–2008–0135] The Port Authority Trans-Hudson Corporation (PATH) seek a permanent waiver of compliance with the Locomotive Safety Standards, 49 CFR 229.123, which requires that each lead locomotive be equipped with an end plate that extends across both rails, a pilot or a snowplow. The petition is being made for PATH’s new fleet of passenger MU locomotives designated as PA–5 cars. Prior to receiving this new fleet of cars, PATH had been granted a waiver, Docket Number LI–81–9, from the pilot end plate requirement. PATH operated under this waiver over the past 26 years. PATH operates a closed system with no public highway-rail crossings over 13.8 miles between New York, and New Jersey. PATH states that the addition of a pilot would interfere with space allocated for Communication Based Train Control Equipment to be mounted under the cars. 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– 0135) 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 PO 00000 Frm 00279 Fmt 4703 Sfmt 4703 77869 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 December 15, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–30157 Filed 12–18–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with section 238.21 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. Northen Indiana Commuter Transportation District [Waiver Petition Docket Number FRA–2008– 0139] The Northen Indiana Commuter Transportation District (NICTD), further identified herein as the railroad, seeks approval for a waiver of compliance with the requirements of the Passenger Equipment Safety Standards contained in 49 CFR 238.105(d)(1), train electronic hardware and software safety. Section 49 CFR 238.105(d)(1) states that: ‘‘Hardware and software that controls or monitors a train’s primary braking system shall either: (i) Fail safely by initiating a full service brake application in the event of a hardware or software failure that could impair the ability of the engineer to apply or release the brakes; or (ii) Access to direct manual control of the primary braking system (both service and emergency braking) shall be provided to the engineer.’’ E:\FR\FM\19DEN1.SGM 19DEN1 77870 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices The railroad is purchasing 14 new bilevel electric passenger MU’s and the braking software being provided by the manufacturer only partly meets the above requirements. The railroad requests that an application of only emergency brakes in the event of a loss of power, or failure (hardware and software), of the friction brake control unit be allowed in lieu of either the requirement for a full service brake application or restoration of direct manual control of the primary braking system to the operator. The 14 new electric MU locomotives are being built by Sumitomo Corporation of America/Nippon Sharyo and the air brake system is provided by Knorr Brake Corporation, Westminster, Maryland. The railroad explains in their petition that the full service brake application is transmitted electronically to each MU’s Friction Brake Control Unit (FBCU). The FBCU then provides the requested brake application without drawing down brake pipe pressure. An Emergency Magnetic Valve (EMV) is provided on each MU for an electronic emergency brake application. During normal operations, the EMVs are energized in the closed position and any loss of power or software malfunction causes the EMVs to open and vent to atmosphere causing the brakes over the entire consist to apply at an emergency rate. 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– 0139) 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 VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 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 December 15, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–30158 Filed 12–18–08; 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. Burlington Junction Railway [Waiver Petition Docket Number FRA–2008– 0133] The Burlington Junction Railway (BJRY) located in Burlington, Iowa, has petitioned FRA to grant a waiver of compliance from 49 CFR part 223, Railroad Locomotive Safety Glazing Standards, for one locomotive, specifically locomotive number BJRY 8711. BJRY 8711 is used primarily in switch service for an industrial park next to the city of Rochelle, Illinois, which has a population of approximately 8,000 people. They operate over three (3) miles of track and the surrounding area is composed of PO 00000 Frm 00280 Fmt 4703 Sfmt 4703 warehousing and underdeveloped rural agriculture fields. There are also three (3) grade crossings within the industrial park and BJRY operates at a speed not exceeding ten (10) miles per hour. The cost of replacing the existing glazing with FRA Type I or Type II safety glazing would impose an extreme financial burden. 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 2008–0133) 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\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77869-77870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30158]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with section 238.21 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.

Northen Indiana Commuter Transportation District

[Waiver Petition Docket Number FRA-2008-0139]

    The Northen Indiana Commuter Transportation District (NICTD), 
further identified herein as the railroad, seeks approval for a waiver 
of compliance with the requirements of the Passenger Equipment Safety 
Standards contained in 49 CFR 238.105(d)(1), train electronic hardware 
and software safety. Section 49 CFR 238.105(d)(1) states that:
    ``Hardware and software that controls or monitors a train's primary 
braking system shall either: (i) Fail safely by initiating a full 
service brake application in the event of a hardware or software 
failure that could impair the ability of the engineer to apply or 
release the brakes; or (ii) Access to direct manual control of the 
primary braking system (both service and emergency braking) shall be 
provided to the engineer.''

[[Page 77870]]

    The railroad is purchasing 14 new bi-level electric passenger MU's 
and the braking software being provided by the manufacturer only partly 
meets the above requirements. The railroad requests that an application 
of only emergency brakes in the event of a loss of power, or failure 
(hardware and software), of the friction brake control unit be allowed 
in lieu of either the requirement for a full service brake application 
or restoration of direct manual control of the primary braking system 
to the operator.
    The 14 new electric MU locomotives are being built by Sumitomo 
Corporation of America/Nippon Sharyo and the air brake system is 
provided by Knorr Brake Corporation, Westminster, Maryland. The 
railroad explains in their petition that the full service brake 
application is transmitted electronically to each MU's Friction Brake 
Control Unit (FBCU). The FBCU then provides the requested brake 
application without drawing down brake pipe pressure. An Emergency 
Magnetic Valve (EMV) is provided on each MU for an electronic emergency 
brake application. During normal operations, the EMVs are energized in 
the closed position and any loss of power or software malfunction 
causes the EMVs to open and vent to atmosphere causing the brakes over 
the entire consist to apply at an emergency rate.
    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-
2008-0139) 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 December 15, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-30158 Filed 12-18-08; 8:45 am]
BILLING CODE 4910-06-P

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