Petition for Waiver of Compliance, 6082-6083 [E9-2388]

Download as PDF 6082 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices were taken, are described in the Final Environmental Impact Statement for the project, and in other documents in the FHWA or WisDOT project records. The FEIS, Revised ROD, and other project records are available by contacting FHWA or WisDOT at the addresses provided above. The FHWA FEIS and Revised ROD can also be viewed at the Wisconsin DOT’s La Crosse office at the address noted above. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [23 U.S.C. 138 and 49 U.S.C. 303] and Section 6(f) of the Land and Water Conservation Act as amended [16 U.S.C. 4601]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq. ]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–470(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201–4209]. 7. Executive Orders: E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Population; E.O. 13007, Indian Sacred Sites. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: January 29, 2009. Allen Radliff, Division Administrator, Wisconsin Division. [FR Doc. E9–2317 Filed 2–3–09; 8:45 am] BILLING CODE 4910–RY–P VerDate Nov<24>2008 14:33 Feb 03, 2009 Jkt 217001 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. BNSF Railway Company (Waiver Petition Docket Number FRA– 2008–0157) The BNSF Railway Company (BNSF) seeks a waiver of compliance with the Locomotive Safety Standards, 49 CFR 229.23 (requiring a periodic inspection at least every 92 days) and 229.25 (requiring specific tests at every periodic inspection) for BNSF General Electric Evolution series and ElectroMotive Diesel ACe series locomotives. BNSF states in their request that each of the subject locomotives are equipped with new self-diagnostic technology and advanced computer control, and that the locomotives were designed by the manufacturer to be maintained at a 6 month interval. BNSF further indicates that if the waiver is granted, the required 92 day periodic inspection will be performed at 184 day intervals on the subject locomotives, and that qualified mechanical forces will perform at least one of the required daily inspections every 31 days. FRA non-complying conditions discovered on locomotives en-route or during any daily inspection will be moved to a mechanical facility capable of making required repairs. 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– 0157) and may be submitted by any of the following methods: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 • 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 January 29, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–2329 Filed 2–3–09; 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 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. E:\FR\FM\04FEN1.SGM 04FEN1 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices Union Pacific Railroad Company (Docket Number FRA–2008–0166) The Union Pacific Railroad Company (UP) seeks a waiver of compliance from certain provisions of 49 CFR part 218, Railroad Operating Practices. Specifically, UP is requesting a waiver of Blue Signal Requirements as prescribed in 49 CFR 218.25 Workers on a main track, in Kansas City, KS and Kansas City, MO. These tracks are in the middle of the Kansas City facilities and are used for functions normally performed on yard tracks. Trains passing through the Kansas City Terminal stop for fuel, locomotive inspection, or adding or removing power from the train. To perform this work on the main track, UP must provide blue signal protection under 49 CFR 218.25. This request is for the following track locations: • Main 1 and Main 2 between Manchester and Troost. (MX279– MX281); • Main 1 and Main 2 at 18th St. Between KX004 and KX006; • Mainline at 10th St. (KX287– KX289). UP is requesting flexibility to treat these main tracks at the Kansas City facilities as tracks other than main tracks so they can have the option of protecting its employees working on, under, or between rolling equipment in accordance with § 218.25 Workers on a main track, or § 218.27 Workers on track other than main track, or a combination of both. UP believes that the safest and most efficient method of protecting its employees in the Kansas City facilities is through the use of a combination of blue signal protection and remotely controlled switches. UP believes that this request is similar to a waiver originally granted to the SP at El Paso, TX, and renewed to the UP under Docket Number FRA–2000–7669. UP states they have operated under the requirements of that waiver without any adverse effect on safety of operations and would like to have the same conditions for this request. 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 VerDate Nov<24>2008 14:33 Feb 03, 2009 Jkt 217001 Petition Docket Number FRA–2008– 0166) 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 January 30, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–2388 Filed 2–3–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2008–0113] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel HANALEI MOON. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 6083 as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2008–0113 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S.-vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. DATES: Submit comments on or before March 6, 2009. ADDRESSES: Comments should refer to docket number MARAD–2008–0113. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. As described by the applicant the intended service of the vessel HANALEI MOON is: SUPPLEMENTARY INFORMATION: E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Pages 6082-6083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2388]


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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 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.

[[Page 6083]]

Union Pacific Railroad Company

(Docket Number FRA-2008-0166)

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain provisions of 49 CFR part 218, Railroad 
Operating Practices. Specifically, UP is requesting a waiver of Blue 
Signal Requirements as prescribed in 49 CFR 218.25 Workers on a main 
track, in Kansas City, KS and Kansas City, MO. These tracks are in the 
middle of the Kansas City facilities and are used for functions 
normally performed on yard tracks. Trains passing through the Kansas 
City Terminal stop for fuel, locomotive inspection, or adding or 
removing power from the train. To perform this work on the main track, 
UP must provide blue signal protection under 49 CFR 218.25. This 
request is for the following track locations:
     Main 1 and Main 2 between Manchester and Troost. (MX279-
MX281);
     Main 1 and Main 2 at 18th St. Between KX004 and KX006;
     Mainline at 10th St. (KX287-KX289).
    UP is requesting flexibility to treat these main tracks at the 
Kansas City facilities as tracks other than main tracks so they can 
have the option of protecting its employees working on, under, or 
between rolling equipment in accordance with Sec.  218.25 Workers on a 
main track, or Sec.  218.27 Workers on track other than main track, or 
a combination of both. UP believes that the safest and most efficient 
method of protecting its employees in the Kansas City facilities is 
through the use of a combination of blue signal protection and remotely 
controlled switches. UP believes that this request is similar to a 
waiver originally granted to the SP at El Paso, TX, and renewed to the 
UP under Docket Number FRA-2000-7669. UP states they have operated 
under the requirements of that waiver without any adverse effect on 
safety of operations and would like to have the same conditions for 
this request.
    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-
2008-0166) 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 January 30, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-2388 Filed 2-3-09; 8:45 am]
BILLING CODE 4910-06-P
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