Petition for Waiver of Compliance, 23471 [E9-11591]
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Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices
compatibility program or to fund the
implementation of that program.
If questions arise concerning the
precise relationship of specific
properties to noise exposure contours
depicted on a noise exposure map
submitted under Section 103 of the Act,
it should be noted that the FAA is not
involved in any way in determining the
relative locations of specific properties
with regard to the depicted noise
contours, or in interpreting the noise
exposure maps to resolve questions
concerning, for example, which
properties should be covered by the
provisions of Section 107 of the Act.
These functions are inseparable from
the ultimate land use control and
planning responsibilities of local
government. These local responsibilities
are not changed in any way under Part
150 or through FAA’s review of a noise
exposure map. Therefore, the
responsibility for the detailed
overlaying of noise exposure contours
onto the map depicting properties on
the surface rests exclusively with the
airport operator that submitted the map
or with those public agencies and
planning agencies with which
consultation is required under Section
103 of the Act. The FAA has relied on
the certification by the airport operator,
under Section 150.21 of FAR Part 150,
that the statutorily required consultation
has been accomplished.
Copies of the noise exposure maps
and of the FAA’s evaluation of the maps
are available for examination at the
following locations:
Nashua Airport Authority, Nashua
Municipal Airport, Boire Field, 93
Perimeter Rd., Nashua, NH 03063 or:
Federal Aviation Administration, New
England Region, Airports Division, 12
New England Executive Park,
Burlington, Massachusetts 01803.
Questions may be directed to the
individual named above under the
heading: FOR FURTHER INFORMATION
CONTACT.
Issued in Burlington, Massachusetts on
April 29, 2009.
LaVerne Reid,
Manager, Airports Division.
[FR Doc. E9–11594 Filed 5–18–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
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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
VerDate Nov<24>2008
16:48 May 18, 2009
Jkt 217001
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.
Wallowa Union Railroad; Waiver
Petition Docket Number FRA–2004–
18494
The Wallowa Union Railroad (WURR)
of Wallowa, Oregon, has petitioned for
a permanent waiver of compliance for
one passenger car, WURR 1120, from
the requirements of the Railroad Safety
Glazing Standards, Title 49 CFR Part
223, which require certified glazing in
all windows. The passenger car, WURR
1120, was built by Pullman Standard in
1947, and does not have glazing
material that meets the provisions of
Title 49 CFR Part 223.15 Requirements
for existing passenger cars for certified
glazing in the side facing windows. The
excursion operations on WURR consist
of trips ranging from five miles to sixty
miles. Speeds are generally ten miles
per hour (mph); however, there is a
relatively straight section of track
between milepost (MP) 57 and MP 83,
where the maximum speed is 15 mph.
WURR is located in rural
Northeastern Oregon, with very limited
access to the line outside of the railroad
itself. The largest town that the railroad
runs through has a population of 2,020,
and the county has a population of just
over 7,000 people. The most frequently
used public grade crossing has an ADT
of 3,250.
WURR states that the line, for the
most part, runs through pastures or river
canyons. Only two miles of the sixtythree miles of track are located within
the above mentioned town with the
population of 2,020. WURR requests
that due to the slow speed, the rural
area of operations, no instances of
vandalism from the time the original
waiver was granted in 2004, and
prohibitive cost to replace the side
windows the certified glazing
requirements be waived for the
passenger car WURR 1120.
The railroad also requests passenger
car WURR 1120, together with WURR
2636, which has the required certified
glazing, and both built in 1947, continue
to be classified as antiquated equipment
that is used only for excursion purposes
per 49 CFR 223.3(b)3.
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
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23471
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–2004–
18494) 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 May 13,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–11591 Filed 5–18–09; 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
E:\FR\FM\19MYN1.SGM
19MYN1
]]>Agencies
[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Page 23471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11591]
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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.
Wallowa Union Railroad; Waiver Petition Docket Number FRA-2004-18494
The Wallowa Union Railroad (WURR) of Wallowa, Oregon, has
petitioned for a permanent waiver of compliance for one passenger car,
WURR 1120, from the requirements of the Railroad Safety Glazing
Standards, Title 49 CFR Part 223, which require certified glazing in
all windows. The passenger car, WURR 1120, was built by Pullman
Standard in 1947, and does not have glazing material that meets the
provisions of Title 49 CFR Part 223.15 Requirements for existing
passenger cars for certified glazing in the side facing windows. The
excursion operations on WURR consist of trips ranging from five miles
to sixty miles. Speeds are generally ten miles per hour (mph); however,
there is a relatively straight section of track between milepost (MP)
57 and MP 83, where the maximum speed is 15 mph.
WURR is located in rural Northeastern Oregon, with very limited
access to the line outside of the railroad itself. The largest town
that the railroad runs through has a population of 2,020, and the
county has a population of just over 7,000 people. The most frequently
used public grade crossing has an ADT of 3,250.
WURR states that the line, for the most part, runs through pastures
or river canyons. Only two miles of the sixty-three miles of track are
located within the above mentioned town with the population of 2,020.
WURR requests that due to the slow speed, the rural area of operations,
no instances of vandalism from the time the original waiver was granted
in 2004, and prohibitive cost to replace the side windows the certified
glazing requirements be waived for the passenger car WURR 1120.
The railroad also requests passenger car WURR 1120, together with
WURR 2636, which has the required certified glazing, and both built in
1947, continue to be classified as antiquated equipment that is used
only for excursion purposes per 49 CFR 223.3(b)3.
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-
2004-18494) 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 May 13, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-11591 Filed 5-18-09; 8:45 am]
BILLING CODE 4910-06-P
