Petition for Waiver of Compliance, 23471-23472 [E9-11593]

Download as PDF 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 mstockstill on PROD1PC66 with NOTICES 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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 23472 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 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. Alaska Railroad Corporation mstockstill on PROD1PC66 with NOTICES [Waiver Petition Docket Number FRA–2008– 0161] The Alaska Railroad Corporation (ARR), a Class II railroad, petitioned FRA for a waiver of compliance from certain provisions of the Passenger Equipment Safety Standards, as prescribed by 49 CFR * 238.303(c) Exterior Calendar day inspection and * 238.313 Class I brake test, for one set of conventional passenger equipment. Specifically, this waiver request applies to the seasonal Hurricane Turn passenger train. This service is operated from May through September, between Talkeetna, Alaska (Milepost (MP) 226), and Hurricane Gulch Bridge, Alaska (MP 284). This train provides ‘‘flag stop’’ service to residents as well as visitors to an area that has no road access. Until now, this service was provided using Buddy Company-built Railway Diesel Cars (RDC) that have been retired and replaced by two locomotives, one baggage car, and two passenger coach cars. The equipment makes a single round trip between Talkeetna and Hurricane, four days per week, only during the summer months. Until the retirement of RDC’s, this service was covered under waiver Docket Number FRA–2002–11215. ARR maintains mechanical facilities located at Fairbanks (MP 470) and Anchorage (MP 114), Alaska, where qualified maintenance employees are headquartered. The equipment is stored overnight at Talkeetna during the work week, and may be moved to Anchorage the other days for cleaning, supplies, and servicing. FRA requires a ‘‘qualified maintenance person’’ (QMP) conduct the daily exterior inspection and the Class I—initial terminal airbrake inspection each day the equipment is used. This requires ARR to assign a QMP to Talkeetna, where there is not enough work to support a position, or have an employee travel 224 miles (round trip) each day from Anchorage. ARR requests that a QMP be authorized to complete the required daily exterior and airbrake inspections at Talkeetna at least once each week, during the months the equipment is stationed there. The equipment may be moved to Anchorage or a mechanical department road truck will travel to VerDate Nov<24>2008 16:48 May 18, 2009 Jkt 217001 Talkeetna to have a QMP conduct the required inspections. Talkeetna is the only location that this relief is sought. Train crews will conduct the required inspection on all other days. ARR has safely operated the two RDC’s under the conditions set by FRA’s Railroad Safety Board in a decision letter dated June 11, 2002, under Docket Number FRA–2001– 11215. ARR requests that since the original RDC equipment has been retired, the replacement conventional equipment be operated under the same conditions of that waiver, and FRA– 2001–11215 be withdrawn due to the retirement of the covered equipment. 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– 0161) 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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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. E9–11593 Filed 5–18–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–8398; FMCSA– 2003–14504; FMCSA–2005–20560; FMCSA– 2007–27515] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 21 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective June 13, 2009. Comments must be received on or before June 18, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2000–8398; FMCSA–2003–14504; FMCSA–2005–20560; FMCSA–2007– 27515, using any of the following methods. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Pages 23471-23472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11593]


-----------------------------------------------------------------------

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

[[Page 23472]]

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.

Alaska Railroad Corporation

[Waiver Petition Docket Number FRA-2008-0161]

    The Alaska Railroad Corporation (ARR), a Class II railroad, 
petitioned FRA for a waiver of compliance from certain provisions of 
the Passenger Equipment Safety Standards, as prescribed by 49 CFR * 
238.303(c) Exterior Calendar day inspection and * 238.313 Class I brake 
test, for one set of conventional passenger equipment. Specifically, 
this waiver request applies to the seasonal Hurricane Turn passenger 
train. This service is operated from May through September, between 
Talkeetna, Alaska (Milepost (MP) 226), and Hurricane Gulch Bridge, 
Alaska (MP 284). This train provides ``flag stop'' service to residents 
as well as visitors to an area that has no road access. Until now, this 
service was provided using Buddy Company-built Railway Diesel Cars 
(RDC) that have been retired and replaced by two locomotives, one 
baggage car, and two passenger coach cars. The equipment makes a single 
round trip between Talkeetna and Hurricane, four days per week, only 
during the summer months. Until the retirement of RDC's, this service 
was covered under waiver Docket Number FRA-2002-11215.
    ARR maintains mechanical facilities located at Fairbanks (MP 470) 
and Anchorage (MP 114), Alaska, where qualified maintenance employees 
are headquartered. The equipment is stored overnight at Talkeetna 
during the work week, and may be moved to Anchorage the other days for 
cleaning, supplies, and servicing. FRA requires a ``qualified 
maintenance person'' (QMP) conduct the daily exterior inspection and 
the Class I--initial terminal airbrake inspection each day the 
equipment is used. This requires ARR to assign a QMP to Talkeetna, 
where there is not enough work to support a position, or have an 
employee travel 224 miles (round trip) each day from Anchorage.
    ARR requests that a QMP be authorized to complete the required 
daily exterior and airbrake inspections at Talkeetna at least once each 
week, during the months the equipment is stationed there. The equipment 
may be moved to Anchorage or a mechanical department road truck will 
travel to Talkeetna to have a QMP conduct the required inspections. 
Talkeetna is the only location that this relief is sought. Train crews 
will conduct the required inspection on all other days. ARR has safely 
operated the two RDC's under the conditions set by FRA's Railroad 
Safety Board in a decision letter dated June 11, 2002, under Docket 
Number FRA-2001-11215. ARR requests that since the original RDC 
equipment has been retired, the replacement conventional equipment be 
operated under the same conditions of that waiver, and FRA-2001-11215 
be withdrawn due to the retirement of the covered equipment.
    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-
2008-0161) 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. E9-11593 Filed 5-18-09; 8:45 am]
BILLING CODE 4910-06-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.