Petition for Waiver of Compliance, 62631-62632 [E9-28482]

Download as PDF Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices Issued this 24th day of November, 2009, in Washington, DC. Peter M. Rogoff, Administrator. [FR Doc. E9–28532 Filed 11–24–09; 4:15 pm] BILLING CODE 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. Mohawk Adirondack and Northern Railroad Corporation WReier-Aviles on DSKGBLS3C1PROD with NOTICES [Waiver Petition Docket Number FRA–2009– 0063] The Mohawk Adirondack and Northern Railroad (MHWA), a Class III railroad, seeks a waiver of compliance from the requirements of 49 CFR 223.11 Requirements for existing locomotives. Specifically, MHWA has petitioned FRA for a waiver for one 80-ton, 470 horsepower diesel electric locomotive numbered 1670. This locomotive was built for the United States Air Force by General Electric in March 1952. MHWA operates this locomotive on a terminal/switching railroad at the former Griffiss Air Force Base in Rome, New York, presently called the Griffiss Industrial Park. MHWA operates at speeds of 10 miles per hour (or less) and hauls 1–3 cars on a twice weekly basis. The locomotive is equipped with safety laminate glass (AS–1, AS–2) and is serviced & maintained by MHWA at Rome, New York. MHWA states that the railroad is private and will occasionally interchange to the general system which is accomplished with CSX Railroad interchange tracks at Rome, NY. 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. VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2009– 0063) 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 document (or signing the document, 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 (65 FR 19477) or at https://www.dot.gov/ privacy.html. Issued in Washington, DC on November 23, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–28483 Filed 11–27–09; 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 62631 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 [Waiver Petition Docket Number FRA–2009– 0102] The Association of American Railroads (AAR) has petitioned, on behalf of its member railroads, for a temporary waiver of compliance from the requirements of 49 CFR 232.109(g)(2), which state that locomotives placed into service for the first time on or after October 1, 2007, shall display in real-time in the cab of the controlling (lead) locomotive the total train dynamic brake retarding force available in the train. AAR petition seeks relief due to conflicts found in the common communication channel, known as ‘‘C–Band’’ shared by the dynamic brake system reporting (DBSR) and Electronic Controlled Pneumatic (ECP) brake systems. AAR requests this relief until January 1, 2011, to allow it the time to have conversion modules manufactured and installed on its members’ locomotives. AAR states that when locomotives equipped with ECP brakes were placed in service, it was discovered that operation of the ECP systems and DBSR conflicted due to the sharing of a common communications band, the C–Band. Consequently, AAR developed a standard (S–5509) in February 2008, providing for using the A–Band for DBSR. During the period of modification and conversion of its members’ locomotives, there will be times when the total train dynamic brake retarding force required by 49 CFR 232.109(g)(2) cannot be displayed in the controlling locomotive because some locomotives will be equipped to transmit on A–Band and some on C– Band. AAR further states that during the period of conversion, the engineer shall be provided with a record of dynamic brake operational status as required by 49 CFR 232.109(a). 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– E:\FR\FM\30NON1.SGM 30NON1 62632 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices 0102) 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 30 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 document (or signing the document, 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 (65 FR 19477) or at https://www.dot.gov/privacy.html. Issued in Washington, DC on November 23, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–28482 Filed 11–27–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration WReier-Aviles on DSKGBLS3C1PROD with NOTICES 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. VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 Union Pacific Railroad Company [Docket Number FRA–2007–28454] By a letter dated January 16, 2009, FRA granted conditional relief in response to the petition filed by the Union Pacific Railroad Company (UP) for a waiver of compliance from 49 CFR 232.305(b)(2) Single car air brake tests as it relates to UP’s in-train wheel-set replacement program. Specifically, UP sought relief from the regulation to the extent necessary to permit the replacement of non-FRA-condemnable wheel-sets on railcars as part of an intrain wheel-set replacement program without the need to also perform single car air brake tests (SCABT) as required by § 232.305(b)(2), if the car has not received a SCABT within the previous 12 months. UP now, by a letter dated June 5, 2009, seeks revision of Condition 6 of FRA’s January 16, 2009, letter. Condition 6 requires the identification and removal of wheels exerting 100 kips or greater, or exerting 90 kips and an acoustic bearing detector defect, when the car is empty at the first in-train wheel replacement location. UP’s complete request can be reviewed at https://www.regulations.gov under the docket number listed above. UP states that the threshold of ‘‘100 kips’’ in Condition 6 is onerous, is contrary to UP’s and other railroads experience of this threshold as being close to 140 kips, is not a requirement in 49 CFR regulations, is an unnecessarily strict standard exclusive to UP’s in-train wheel-set replacement program, places UP in a different category than other railroads, and hampers UP’s innovative and voluntary effort to improve safety by allowing it to replace an increased numbers of wheelsets with incipient defects. As a result, UP requests that FRA modify this condition to require replacement of wheels exerting 140 kips or greater, or wheels exerting 90 kips in conjunction with acoustic bearing detector defects. 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–2007– 28454) and may be submitted by any of the following methods: PO 00000 Frm 00081 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, D.C. 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 November 23, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–28480 Filed 11–27–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5578; FMCSA– 1999–5748; FMCSA–2001–9258; FMCSA– 2002–12844; FMCSA–2003–15892; FMCSA– 2005–21711] 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 22 E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Pages 62631-62632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28482]


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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.

Association of American Railroads

[Waiver Petition Docket Number FRA-2009-0102]

    The Association of American Railroads (AAR) has petitioned, on 
behalf of its member railroads, for a temporary waiver of compliance 
from the requirements of 49 CFR 232.109(g)(2), which state that 
locomotives placed into service for the first time on or after October 
1, 2007, shall display in real-time in the cab of the controlling 
(lead) locomotive the total train dynamic brake retarding force 
available in the train. AAR petition seeks relief due to conflicts 
found in the common communication channel, known as ``C-Band'' shared 
by the dynamic brake system reporting (DBSR) and Electronic Controlled 
Pneumatic (ECP) brake systems. AAR requests this relief until January 
1, 2011, to allow it the time to have conversion modules manufactured 
and installed on its members' locomotives.
    AAR states that when locomotives equipped with ECP brakes were 
placed in service, it was discovered that operation of the ECP systems 
and DBSR conflicted due to the sharing of a common communications band, 
the C-Band. Consequently, AAR developed a standard (S-5509) in February 
2008, providing for using the A-Band for DBSR. During the period of 
modification and conversion of its members' locomotives, there will be 
times when the total train dynamic brake retarding force required by 49 
CFR 232.109(g)(2) cannot be displayed in the controlling locomotive 
because some locomotives will be equipped to transmit on A-Band and 
some on C-Band. AAR further states that during the period of 
conversion, the engineer shall be provided with a record of dynamic 
brake operational status as required by 49 CFR 232.109(a).
    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-

[[Page 62632]]

0102) 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 30 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 document (or signing the 
document, 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 (65 FR 19477) or at 
https://www.dot.gov/privacy.html.

    Issued in Washington, DC on November 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-28482 Filed 11-27-09; 8:45 am]
BILLING CODE 4910-06-P