Petition for Waiver of Compliance, 9018-9019 [E9-4207]

Download as PDF 9018 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION [Public Notice 6534] Federal Railroad Administration rwilkins on PROD1PC63 with NOTICES2 Culturally Significant Objects Imported for Exhibition Determinations: ‘‘The Birth of Christianity: A Jewish Story’’ 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 AGENCY: Department of State. Railroad Administration (FRA) has received a request for a waiver of ACTION: Notice; correction. compliance from certain requirements SUMMARY: On November 25, 2008, notice of its safety standards. The individual petition is described below, including was published on page 71714 of the the party seeking relief, the regulatory Federal Register (volume 73, number provisions involved, the nature of the 228) of determinations made by the relief being requested, and the Department of State pertaining to the petitioner’s arguments in favor of relief. exhibition ‘‘The Birth of Christianity: A Jewish Story.’’ The referenced notice is Maryland Department of corrected as to an additional object to be Transportation included in the exhibition. Notice is [Waiver Petition Docket Number FRA–2009– hereby given of the following 0010] determinations: Pursuant to the The Maryland Department of authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. Transportation (MTA) seeks a permanent waiver of compliance from 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and 49 CFR 213.245 Vehicle Qualification Testing, as part of its recent purchase of Restructuring Act of 1998 (112 Stat. new model MP36PH–3C locomotives for 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of operation by its MARC train service on October 1, 1999, Delegation of Authority the National Passenger Railroad Corporation’s (Amtrak) Northeast No. 236 of October 19, 1999, as Corridor (NEC) at 100 miles per hour amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], (mph) and three inches cant deficiency. I hereby determine that the additional MTA would like the FRA to allow object in the exhibition: ‘‘The Birth of qualification of these locomotives to Christianity: A Jewish Story,’’ imported occur without using the instrumented from abroad for temporary exhibition wheel-sets (IWS) test specified in within the United States, is of cultural § 213.245. MTA has stated that this test significance. The object is imported is costly and not economically justified, pursuant to a loan agreement with the given the long service history of the foreign owner or custodian. I also same truck that is currently in operation determine that the exhibition or display with similar locomotives. MTA further of the additional exhibit object at the explains that the truck used on the Houston Museum of Natural Science, MP36PH–3C locomotive has an Houston, TX, from on or about March 1, extensive history of service on the 2009, until on or about April 12, 2009, Amtrak NEC with MARC GP39 and and at possible additional exhibitions or GP40 locomotives, and have been venues yet to be determined, is in the successfully tested to 110 mph. national interest. Public Notice of these MP36PH–3C’s are used by Caltrain, Determinations is ordered to be MRCOG, UTA, and SCRRA, although published in the Federal Register. not at FRA Class 6 speeds. MTA argues that the MP36PH–3C locomotive has FOR FURTHER INFORMATION CONTACT: For similar carbody, weight, truck further information, including a list of assemblies, and wheel profile as the GO the exhibit object, contact Julie Transit (Toronto) MP40PH–3C Simpson, Attorney-Adviser, Office of locomotive, which has been the Legal Adviser, U.S. Department of successfully tested at the Transportation State (telephone: 202–453–8050). The address is U.S. Department of State, SA– Technology Center, Inc (TTCI) for safe operation up to 103 mph. The MP40PH– 44, 301 4th Street, SW., Room 700, 3C was approved by Transport Canada Washington, DC 20547–0001. and Canadian National Railroad (CN). Dated: February 20, 2009. An important factor here is that in lieu C. Miller Crouch, of IWS, TTCI measured wheel/rail Acting Assistant Secretary for Educational forces estimated by NUCARS and Cultural Affairs, Department of State. simulations modeling software and by [FR Doc. E9–4250 Filed 2–26–09; 8:45 am] using wayside measuring systems such as strain gauges on instrumented rails. BILLING CODE 4710–05–P VerDate Nov<24>2008 16:39 Feb 26, 2009 Jkt 217001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 MTA proposes to qualify these locomotives on the Amtrak NEC at speeds up to 112 mph by monitoring truck frame lateral accelerations at positions above each of the four axles; and both vertical and lateral accelerations of the carbody on the cab floor and on the floor at the rear end of the locomotive. These will be evaluated against the 49 CFR 213.333 Vehicle Track Interaction Limits. MTA will have NUCARS simulations performed by TTCI for the specific parameters to evaluate wheel-rail forces for speeds and track geometry of the MARC route over the Amtrak NEC. 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–2009– 0010) 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 E:\FR\FM\27FEN1.SGM 27FEN1 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 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 February 23, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–4207 Filed 2–26–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2009–0010] Requested Administrative Waiver of the Coastwise Trade Laws rwilkins on PROD1PC63 with NOTICES2 AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel WINDSONG. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, 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–2009– 0010 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 30, 2009. ADDRESSES: Comments should refer to docket number MARAD–2009–0010. Written comments may be submitted by hand or by mail to the Docket Clerk, VerDate Nov<24>2008 16:39 Feb 26, 2009 Jkt 217001 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. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel WINDSONG is: Intended Use: ‘‘Sailing instruction and pleasure charter.’’ Geographic Region: ‘‘MA, CT, NY, NJ, DE, MD, VA, NC, SC, GA, FL’’ Privacy Act Anyone is able to search the electronic form of all 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). Dated: February 19, 2009. By Order of the Maritime Administrator. Leonard Sutter, Secretary, Maritime Administration. [FR Doc. E9–4154 Filed 2–26–09; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35191] Wisconsin & Southern Railroad Co.— Trackage Rights Exemption—Union Pacific Railroad Company Pursuant to a written trackage rights agreement, Union Pacific Railroad Company (UP) has agreed to grant overhead trackage rights to Wisconsin & Southern Railroad Co. (WSOR) over a line of railroad extending between UP milepost 4.0 in Kohler, WI, and UP PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 9019 milepost 1.2 at Kohler Junction near Sheboygan, WI, a distance of approximately 2.8 miles.1 This transaction is related to a concurrently filed petition for exemption for the acquisition and operation of certain other rail lines in Wisconsin & Southern Railroad Co.— Acquisition and Operation Exemption— Union Pacific Railroad Company, STB Finance Docket No. 35144. In that proceeding, WSOR seeks an exemption under 49 U.S.C. 10502 to acquire and operate a permanent exclusive freight operating easement over 10.95 miles of railroad known as the Kohler Industrial Lead that is currently owned by UP. WSOR states that the State of Wisconsin Department of Transportation (WisDot) has executed an agreement to purchase the right-of-way and railroad assets comprising the line from UP, with WSOR to acquire the freight easement and associated common carrier obligation directly from UP. WSOR also seeks to acquire and operate approximately 1,000 feet of UP spur track. WSOR has requested expedited action in this proceeding. This transaction is also related to a concurrently filed petition for declaratory order in Wisconsin Department of Transportation—Petition for Declaratory Order—Rail Line in Sheboygan County, WI, STB Finance Docket No. 35195. In that proceeding, WisDot seeks a finding that its acquisition of the right-of-way and railroad assets will not render it a rail common carrier. WSOR states that it proposes to consummate this transaction on or about April 15, 2009. The trackage rights agreement will allow WSOR to provide rail service to the facilities of the Cargill Malt Plant in Kohler and to interchange with UP in Sheboygan. Pursuant to the Consolidated Appropriations Act, 2008, Public Law No. 110–161, § 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 1 A redacted version of the proposed trackage rights agreement between UP and WSOR was filed with the notice of exemption. The full version of the draft agreement was concurrently filed under seal along with a motion for protective. The motion is being addressed in a separate decision. As required by 49 CFR 1180.6(a)(7)(ii), the parties must filed a copy of the executed agreement within 10 days of the date the agreement is executed. E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 9018-9019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4207]


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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) has 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.

Maryland Department of Transportation

[Waiver Petition Docket Number FRA-2009-0010]

    The Maryland Department of Transportation (MTA) seeks a permanent 
waiver of compliance from 49 CFR 213.245 Vehicle Qualification Testing, 
as part of its recent purchase of new model MP36PH-3C locomotives for 
operation by its MARC train service on the National Passenger Railroad 
Corporation's (Amtrak) Northeast Corridor (NEC) at 100 miles per hour 
(mph) and three inches cant deficiency.
    MTA would like the FRA to allow qualification of these locomotives 
to occur without using the instrumented wheel-sets (IWS) test specified 
in Sec.  213.245. MTA has stated that this test is costly and not 
economically justified, given the long service history of the same 
truck that is currently in operation with similar locomotives. MTA 
further explains that the truck used on the MP36PH-3C locomotive has an 
extensive history of service on the Amtrak NEC with MARC GP39 and GP40 
locomotives, and have been successfully tested to 110 mph.
    MP36PH-3C's are used by Caltrain, MRCOG, UTA, and SCRRA, although 
not at FRA Class 6 speeds. MTA argues that the MP36PH-3C locomotive has 
similar carbody, weight, truck assemblies, and wheel profile as the GO 
Transit (Toronto) MP40PH-3C locomotive, which has been successfully 
tested at the Transportation Technology Center, Inc (TTCI) for safe 
operation up to 103 mph. The MP40PH-3C was approved by Transport Canada 
and Canadian National Railroad (CN). An important factor here is that 
in lieu of IWS, TTCI measured wheel/rail forces estimated by NUCARS 
simulations modeling software and by using wayside measuring systems 
such as strain gauges on instrumented rails.
    MTA proposes to qualify these locomotives on the Amtrak NEC at 
speeds up to 112 mph by monitoring truck frame lateral accelerations at 
positions above each of the four axles; and both vertical and lateral 
accelerations of the carbody on the cab floor and on the floor at the 
rear end of the locomotive. These will be evaluated against the 49 CFR 
213.333 Vehicle Track Interaction Limits. MTA will have NUCARS 
simulations performed by TTCI for the specific parameters to evaluate 
wheel-rail forces for speeds and track geometry of the MARC route over 
the Amtrak NEC.
    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-
2009-0010) 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

[[Page 9019]]

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 February 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-4207 Filed 2-26-09; 8:45 am]
BILLING CODE 4910-06-P

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