Petition for Waiver of Compliance, 18276-18277 [E9-9139]
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18276
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices
requested, and the petitioner’s
arguments in favor of relief.
Georgetown Loop Railroad
mstockstill on PROD1PC66 with NOTICES
[Waiver Petition Docket Number FRA–2008–
0107]
The Georgetown Loop Railroad (GLR),
a narrow-gage tourist railroad,
petitioned FRA for a waiver of
compliance from certain provisions of
the steam locomotive safety standards,
as prescribed by 49 CFR Section 230.112
(Wheels and tires) and Section 230.113
(Wheels and tire defects) for one steam
locomotive used in tourist/excursion
service. Specifically, this waiver request
applies to Locomotive Number GLR 12.
Locomotive Number GLR 12 was built
in 1927 by Baldwin Locomotive Works
(BLW), Philadelphia, PA, for the
Kahului Railroad in Hawaii, and is a 36inch narrow gage. The locomotive was
used on a shortline in freight and
passenger service until its retirement in
the 1950s. It was subsequently sold to
private individuals and moved to
California to be used on various tourist/
excursion trains. In the 1980s, a new
boiler was installed and extensive
repairs were made to the running gear.
It was used frequently throughout the
1990s at the Silver Wood Amusement
Park until its sale to the Colorado
Historical Society in 2005, and was in
service on GLR from 2005–2007.
By letter notification on April 7, 2008,
FRA brought GLR under the agency’s
jurisdiction and the boiler is now
compliant with the applicable
requirements of 49 CFR Part 230. During
an inspection of the entire locomotive,
it was determined that the inside gage
(back-to-back spacing) exceeds the
safety limits set by FRA under 49 CFR
Section 230.112(b). The actual
measurements for the locomotive are
331⁄2 inches wide. The allowable range
under the regulation is 321⁄2 to 327⁄8
inches wide. The locomotive was built
to BLW’s narrow-gage standards, which
allow wider back-to-back dimensions
and narrower flange widths for narrowgage engines. These alternate standard
dimensions were primarily used in
areas with prevalent sharp curves and
poor track conditions. In addition to the
wider back-to-back dimension used by
Baldwin, a narrow flange width (new)
that measures 11⁄8 inches is used versus
the 11⁄4-inch flange, which is the
standard AAR narrow flange.
A second issue with GLR Number 12
pertains to the requirements of 49 CFR
Section 230.113(g) regarding the
minimum thickness of the tire’s flange.
The regulatory requirement for
condemning a flange for insufficient
width is 15/16 of an inch based upon a
new thickness of 11⁄4 inches. Since the
VerDate Nov<24>2008
20:25 Apr 20, 2009
Jkt 217001
new flange thickness on GLR Number
12’s flanges was 11⁄8 inches, GLR
requests that the condemning limit for
this locomotive be 13/16 of an inch
based upon the reduced initial width.
GLR stated that they have safely
operated this locomotive for several
years without any wheel problems prior
to coming under FRA’s jurisdiction.
GLR believes that there is no practical
way to modify the chassis components
to comply with the regulatory
requirements as the basic design of the
locomotive’s brake and spring rigging
and driving boxes will not allow the
driving tires and wheels to be
significantly modified.
In summary, GLR requests relief from
the regulatory requirements of 49 CFR
Sections 230.112 and 230.113 to allow
GLR Number 12 to be maintained to
BLW standards for narrow-gage
locomotives, as stated above.
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–
0107) 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.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
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 April 15,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–9140 Filed 4–20–09; 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) 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.
Association of American Railroads
(Docket Number FRA–2009–0004)
The Association of American
Railroads (AAR), on behalf of itself and
its member railroads, seeks a waiver of
compliance from certain provisions of
the Railroad Locomotive Safety
Standards, 49 CFR Part 229.
Specifically, AAR requests to change the
time interval requirements of 49 CFR
229.27 Annual Tests and 49 CFR 229.29
Biennial Tests for all locomotives
equipped with 26–L type brake systems,
without air dryers, by extending the
testing interval to 4 years.
On May 12, 2005, AAR petitioned for
an industry-wide waiver of annual and
biennial testing requirements for
locomotives equipped with both the 26–
L brake systems and air dryers. This
request was based on the test data
gathered by the Canadian railroads and
waivers which were previously granted
to both the Canadian National and the
Canadian Pacific Railroads. On
December 2, 2005, FRA granted a
conditional waiver to extend the time
limits of the required tests to 4 years.
AAR believes it is now time to grant a
E:\FR\FM\21APN1.SGM
21APN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices
waiver extending the time requirements
to 4 years for annual and biennial
testing on locomotives that are not
equipped with air dryers.
AAR proposes two alternatives for
FRA to consider. The first is to expand
the current waiver, Docket Number FRA
2005–21325 for locomotives equipped
with air dryers to include locomotives
not equipped with air dryers. The other
option is a distinct test program for
locomotives not equipped with air
dryers. AAR is amenable to a test
program with the following features:
• On locomotives approaching 3
years since the prior annual and
biennial tests were performed, a full air
test would be run with the valves
untouched. On locomotives that pass
the air tests, the valves would be
marked with either a tag or stencil
identifying them as part of the test
waiver. The FRA blue card would
annotate to reflect that the unit is
operating under the test waiver. Any
valve replaced during the test period
would be sent to Wabtec Corporation for
analysis. The railroads would keep track
of all brake failures occurring during the
test period.
• 6 months into the waiver period,
one locomotive operating under the
waiver will be selected from the test
group of each participating railroad.
Eligible locomotives would be
locomotives that have not had any air
brake valves replaced for a 31⁄2 year time
period. These valve sets will be
removed from the locomotives and sent
to Wabtec for a joint tear-down
inspection with FRA and members of
the AAR Brake Systems and Locomotive
Committees.
• 1 year into the test period, one
locomotive will be selected from the test
group of each participating railroad.
Eligible locomotives would be those that
had not had any brake valve
replacements for 4 years. These valve
sets will be removed and sent to Wabtec
for another joint tear-down inspection.
• If it is determined by the tear-down
inspections that the lack of an air-dryer
has no effect on the performance of the
air brake system, FRA would then
expand waiver Docket Number FRA–
2005–21325 to include locomotives
without air dryers.
AAR does not believe any safety
hazard will be created, and looks
forward to working with FRA on a
waiver test program which will
demonstrate that an extended time
interval between tests will not adversely
affect safety on locomotives not
equipped with air dryers.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
VerDate Nov<24>2008
20:25 Apr 20, 2009
Jkt 217001
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–
0004) 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 April 15,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–9139 Filed 4–20–09; 8:45 am]
BILLING CODE 4910–06–P
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
18277
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has
received a request from Sidley Austin
Brown LLP on behalf of Canadian
Pacific Railway Company (WB471–11—
April 9, 2009) for permission to use
certain data from the Board’s Carload
Waybill Samples. A copy of the request
may be obtained from the Office of
Economics, Environmental Analysis,
and Administration.
The waybill sample contains
confidential railroad and shipper data;
therefore, if any parties object to these
requests, they should file their
objections with the Director of the
Board’s Office of Economics,
Environmental Analysis, and
Administration within 14 calendar days
of the date of this notice. The rules for
release of waybill data are codified at 49
CFR 1244.9.
Contact: Scott Decker, (202) 245–
0330.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–9090 Filed 4–20–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2009 0043]
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
SAVANNAH.
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–
0043 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
E:\FR\FM\21APN1.SGM
21APN1
]]>Agencies
[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Notices]
[Pages 18276-18277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9139]
-----------------------------------------------------------------------
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.
Association of American Railroads (Docket Number FRA-2009-0004)
The Association of American Railroads (AAR), on behalf of itself
and its member railroads, seeks a waiver of compliance from certain
provisions of the Railroad Locomotive Safety Standards, 49 CFR Part
229. Specifically, AAR requests to change the time interval
requirements of 49 CFR 229.27 Annual Tests and 49 CFR 229.29 Biennial
Tests for all locomotives equipped with 26-L type brake systems,
without air dryers, by extending the testing interval to 4 years.
On May 12, 2005, AAR petitioned for an industry-wide waiver of
annual and biennial testing requirements for locomotives equipped with
both the 26-L brake systems and air dryers. This request was based on
the test data gathered by the Canadian railroads and waivers which were
previously granted to both the Canadian National and the Canadian
Pacific Railroads. On December 2, 2005, FRA granted a conditional
waiver to extend the time limits of the required tests to 4 years. AAR
believes it is now time to grant a
[[Page 18277]]
waiver extending the time requirements to 4 years for annual and
biennial testing on locomotives that are not equipped with air dryers.
AAR proposes two alternatives for FRA to consider. The first is to
expand the current waiver, Docket Number FRA 2005-21325 for locomotives
equipped with air dryers to include locomotives not equipped with air
dryers. The other option is a distinct test program for locomotives not
equipped with air dryers. AAR is amenable to a test program with the
following features:
On locomotives approaching 3 years since the prior annual
and biennial tests were performed, a full air test would be run with
the valves untouched. On locomotives that pass the air tests, the
valves would be marked with either a tag or stencil identifying them as
part of the test waiver. The FRA blue card would annotate to reflect
that the unit is operating under the test waiver. Any valve replaced
during the test period would be sent to Wabtec Corporation for
analysis. The railroads would keep track of all brake failures
occurring during the test period.
6 months into the waiver period, one locomotive operating
under the waiver will be selected from the test group of each
participating railroad. Eligible locomotives would be locomotives that
have not had any air brake valves replaced for a 3\1/2\ year time
period. These valve sets will be removed from the locomotives and sent
to Wabtec for a joint tear-down inspection with FRA and members of the
AAR Brake Systems and Locomotive Committees.
1 year into the test period, one locomotive will be
selected from the test group of each participating railroad. Eligible
locomotives would be those that had not had any brake valve
replacements for 4 years. These valve sets will be removed and sent to
Wabtec for another joint tear-down inspection.
If it is determined by the tear-down inspections that the
lack of an air-dryer has no effect on the performance of the air brake
system, FRA would then expand waiver Docket Number FRA-2005-21325 to
include locomotives without air dryers.
AAR does not believe any safety hazard will be created, and looks
forward to working with FRA on a waiver test program which will
demonstrate that an extended time interval between tests will not
adversely affect safety on locomotives not equipped with air dryers.
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-
2009-0004) 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 April 15, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-9139 Filed 4-20-09; 8:45 am]
BILLING CODE 4910-06-P
