Petition for Waiver of Compliance, 67306-67307 [E9-30202]
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sroberts on DSKD5P82C1PROD with NOTICES
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
18DEN1
Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
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 December 11,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–30202 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.
Union Pacific Railroad Company
sroberts on DSKD5P82C1PROD with NOTICES
(Docket Number FRA–2009–0109)
The Union Pacific Railroad (UP)
would like to respectfully request a
waiver to the portion of 49 CFR 236.303
requiring portable derails to be
connected to the signal system. Due to
the current economic downturn, UP has
found it necessary to use main, siding,
and auxiliary tracks to facilitate the
storing of cars. Cars and equipment are
being stored in accordance with 49 CFR
232.103. The railroad also feels that the
placing of portable derails on these
tracks will increase the security of these
cars that are being stored for an
undetermined length of time.
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
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–
0109) 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. E9–30199 Filed 12–17–09; 8:45 am]
BILLING CODE 4910–06–P
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
67307
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35325]
CSX Transportation, Inc.—Trackage
Rights Exemption—Illinois Central
Railroad Company
Pursuant to a written trackage rights
agreement, Illinois Central Railroad
Company (IC) has agreed to grant
limited overhead trackage rights to CSX
Transportation, Inc. (CSXT),1 over IC’s
line of railroad between: (1) The Decatur
Street road crossing, at or near milepost
77.7, and milepost 76.7, on IC’s Peoria
Subdivision, including IC’s connection
with CSXT, a distance of approximately
1 mile; (2) milepost 30.5 and milepost
28.6 on IC’s Peoria Subdivision (Green
Switch Spur), a distance of
approximately 1.9 miles; and (3) IC’s
lead track from its connection to the
Green Switch Spur to IC’s connection
with the Archer Daniel Midland
Company’s Run-Around-Yard (ADM
facilities) on IC’s Peoria Subdivision, a
distance of approximately 0.7 miles.
The entire length of the lines is 3.6
miles, all in Decatur, IL. The trackage
rights also include the use of: All
sidings, yard tracks, and yard leads now
existent or hereafter constructed along
the tracks; and the right-of-way for the
tracks to be used, signals, interlocking
devices and plants, telegraph and
telephone lines, and other
appurtenances necessary to the use of
the tracks.
The transaction is schedule to be
consummated on or shortly after
January 3, 2010, the effective date of the
exemption (30 days after the exemption
is filed).
The purpose of the trackage rights is
to allow CSXT to provide more efficient
service to the ADM facilities, via
trackage rights rather than reciprocal
switching.
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If the notice contains false
or misleading information, the
exemption is void ab initio. Petitions to
1 A redacted version of the trackage rights
agreement between IC and CSXT was filed with the
notice of exemption. The full version of the
agreement, as required by 49 CFR 1180.6(a)(7)(ii),
was concurrently filed under seal along with a
motion for protective order. The motion is being
addressed in a separate decision.
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67306-67307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30202]
-----------------------------------------------------------------------
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 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
[[Page 67307]]
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 December 11, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-30202 Filed 12-17-09; 8:45 am]
BILLING CODE 4910-06-P
