Petition for Waiver of Compliance, 67305-67306 [E9-30200]
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Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed by no later than December 24, 2009
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35250 must be filed with the
Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy must be served
on James H. M. Savage, Of Counsel,
John D. Heffner, PLLC, 1750 K Street,
NW., Suite 200, Washington, DC 20006.
Board decisions and notices are
available on our Web site at ‘‘https://
www.stb.dot.gov.’’
Decided: December 15, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–30109 Filed 12–17–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Receipt of Noise Compatibility
Program Update and Request for
Review for Modesto City-County
Airport, Modesto, CA
AGENCY: Federal Aviation
Administration, DOT.
ACTION: Notice.
The Federal Aviation
Administration (FAA) announces that it
is reviewing a proposed noise
compatibility program update that was
submitted for Modesto City-County
Airport under the provisions of 49
U.S.C. 47501 et seq. (the Aviation Safety
and Noise Abatement Act, hereinafter
referred to as ‘‘the Act’’) and 14 CFR
part 150 by City of Modesto. This
program was submitted subsequent to a
determination by FAA that associated
noise exposure maps submitted under
14 CFR part 150 for Modesto CityCounty Airport were in compliance
with applicable requirements, effective
January 9, 2009 (74 FR 4499). The
proposed noise compatibility program
update will be approved or disapproved
on or before June 6, 2010.
DATES: Effective Date: The effective date
of the start of FAA’s review of the noise
compatibility program update is
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SUMMARY:
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17:33 Dec 17, 2009
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December 9, 2009. The public comment
period ends February 8, 2010.
FOR FURTHER INFORMATION CONTACT:
Camille Garibaldi, Environmental
Protection Specialist, Federal Aviation
Administration, Western-Pacific Region,
San Francisco Airports District Office,
831 Mitten Road, Suite 210, Burlingame,
California 94010. Telephone number:
(650) 876–2778, extension 613.
Comments on the proposed noise
compatibility program update should
also be submitted to the above office.
SUPPLEMENTARY INFORMATION: This
notice announces that the FAA is
reviewing a proposed noise
compatibility program update for
Modesto City-County Airport which
will be approved or disapproved on or
before June 6, 2010. This notice also
announces the availability of this
program for public review and
comment.
An airport operator who has
submitted noise exposure maps that are
found by FAA to be in compliance with
the requirements of Federal Aviation
Regulations (FAR) Part 150,
promulgated pursuant to the Act, may
submit a noise compatibility program
for FAA approval which sets forth the
measures the operator has taken or
proposes to reduce existing noncompatible uses and prevent the
introduction of additional noncompatible uses.
The FAA has formally received the
noise compatibility program update for
Modesto City-County Airport, effective
on December 6, 2009. The airport
operator has requested that the FAA
review this material and that the noise
mitigation measures, to be implemented
jointly by the airport and surrounding
communities, be approved as a noise
compatibility program under section
47504 of the Act. Preliminary review of
the submitted material indicates that it
conforms to FAR Part 150 requirements
for the submittal of noise compatibility
programs, but that further review will be
necessary prior to approval or
disapproval of the program. The formal
review period, limited by law to a
maximum of 180 days, will be
completed on or before June 6, 2010.
The FAA’s detailed evaluation will be
conducted under the provisions of 14
CFR part 150, section 150.33. The
primary considerations in the
evaluation process are whether the
proposed measures may reduce the level
of aviation safety or create an undue
burden on interstate or foreign
commerce, and whether they are
reasonably consistent with obtaining the
goal of reducing existing noncompatible land uses and preventing the
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67305
introduction of additional noncompatible land uses.
Interested persons are invited to
comment on the proposed program with
specific reference to these factors. All
comments relating to these factors, other
than those properly addressed to local
land use authorities, will be considered
by the FAA to the extent practicable.
Copies of the noise exposure maps and
the proposed noise compatibility
program update are available for
examination at the following locations:
Federal Aviation Administration,
National Headquarters, Planning and
Environmental Division, APP–400, 800
Independence Avenue, SW., Room 621,
Washington, DC 20591.
Federal Aviation Administration,
Western-Pacific Region Office, Airports
Division, Room 3012, 15000 Aviation
Boulevard, Hawthorne, CA 90261.
Federal Aviation Administration,
Western-Pacific Region, San Francisco
Airports District Office, 831 Mitten
Road, Suite 210, Burlingame, CA 94010.
Questions may be directed to the
individual named above under the
heading, FOR FURTHER INFORMATION
CONTACT.
Issued in Hawthorne, California on
December 9, 2009.
Mia Paredes Ratcliff,
Acting Manager, Airports Division, WesternPacific Region, AWP–600.
[FR Doc. E9–30186 Filed 12–17–09; 8:45 am]
BILLING CODE 4910–13–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.
Railserve, Inc.
(Waiver Petition Docket Number FRA–
2009–0115)
The Railserve, Inc. (RASX) of Atlanta,
Georgia, has petitioned for a permanent
waiver of compliance for two (2)
locomotives from the requirements of
the Railroad Safety Glazing Standards,
Title 49 CFR Part 223, which require
certified glazing in all windows. The
reporting marks on these locomotives
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67306
Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
are RASX 2120 and RASX 1286. These
locomotives are used in switching
operations inside the Kinder Morgan
chemical plant in Houston, Texas. The
switching operations involve
interchange with the Union Pacific
Railroad for inbounds and outbounds
only, on the trackage that is less than 1⁄4
mile long. RASX states that there is no
history of vandalism at the Kinder
Morgan chemical plant in Houston,
Texas, and that both locomotives are
parked inside the plant at all times. The
top speed of operations is 5 mph. RASX
has stated that to install glass at FRA
specifications would be cost prohibitive.
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–
0115) 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
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
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 December 11,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–30200 Filed 12–17–09; 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.
The National Railroad Passenger
Corporation
(Docket Number FRA–2009–0103)
By letter dated September 28, 2009,
the National Railroad Passenger
Corporation (Amtrak), a Class 1
Railroad, petitioned FRA for a waiver of
compliance from 49 CFR part 214
(Railroad Workplace Safety) related to
the removal of snow from passenger
station platforms outside of the
Northeast Corridor. Notice of this
waiver request was published on
October 30, 2009. 74 FR 56257. Amtrak
subsequently withdrew its September
28, 2009, waiver request and by letter
dated November 13, 2009, Amtrak
submitted a modified request for waiver
from 49 CFR part 214, again related to
the removal of snow from passenger
station platforms outside of the
Northeast Corridor.
Section 214.335 of Part 214 specifies
the methods by which roadway work
groups may be provided on-track safety
when fouling tracks to perform work.
Fouling a track means ‘‘the placement of
an individual or an item of equipment
in such proximity to a track that the
individual or equipment could be struck
by a moving train or on-track
equipment, or in any case is within four
feet of the field side of the near running
rail.’’ Amtrak states that the current
definition of fouling a track prevents the
timely removal of snow from the last
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three feet of station platforms adjacent
to the track and it discourages the
removal of snow in an area where snow
removal is critical for passenger safety.
Accordingly, Amtrak seeks permission
to implement alternative protection for
workers removing snow.
In accordance with Amtrak’s waiver
request, only Amtrak employees and
contractors trained on the alternative
protection methods will be used to
remove snow from platforms and when
relying on the proposed alternative
protection procedure, only small tools
such as shovels, brooms and leaf
blowers would be used. If large,
powered equipment is to be used,
Amtrak would comply with 49 CFR part
214.
The alternative protection procedure
would also include:
1. Job briefings to discuss work to be
done.
2. Prohibition on workers’ feet
crossing the yellow tactile strip.
3. Prohibition on conducting snow
removal in the presence of moving
trains.
Amtrak also submits they are not
aware of any safety incidents associated
with the recommended procedures at
the many stations maintained by public
agencies such as municipalities that use
non railroad employees to clear
platforms.
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–
0103) 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
E:\FR\FM\18DEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67305-67306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30200]
-----------------------------------------------------------------------
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.
Railserve, Inc.
(Waiver Petition Docket Number FRA-2009-0115)
The Railserve, Inc. (RASX) of Atlanta, Georgia, has petitioned for
a permanent waiver of compliance for two (2) locomotives from the
requirements of the Railroad Safety Glazing Standards, Title 49 CFR
Part 223, which require certified glazing in all windows. The reporting
marks on these locomotives
[[Page 67306]]
are RASX 2120 and RASX 1286. These locomotives are used in switching
operations inside the Kinder Morgan chemical plant in Houston, Texas.
The switching operations involve interchange with the Union Pacific
Railroad for inbounds and outbounds only, on the trackage that is less
than \1/4\ mile long. RASX states that there is no history of vandalism
at the Kinder Morgan chemical plant in Houston, Texas, and that both
locomotives are parked inside the plant at all times. The top speed of
operations is 5 mph. RASX has stated that to install glass at FRA
specifications would be cost prohibitive. 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-
2009-0115) 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 December 11, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-30200 Filed 12-17-09; 8:45 am]
BILLING CODE 4910-06-P
