Petition for Waiver of Compliance, 20037-20038 [2010-8760]

Download as PDF Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices • 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 http: //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 April 12, 2010. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 2010–8694 Filed 4–15–10; 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. National Railroad Passenger Corporation [Docket Number FRA–2009–0104] The National Railroad Passenger Corporation (Amtrak), has petitioned for a permanent waiver of compliance from VerDate Nov<24>2008 15:07 Apr 15, 2010 Jkt 220001 the requirements of the Fire Safety Standard, 49 CFR 238.103, which requires materials used on the passenger car, meet the test performance criteria for flammability and smoke emission characteristics as specified in Appendix B of this section. Amtrak stated that their current fleets of 205 operating diesel locomotives are the Genesis P42–8 model manufactured by General Electric (GE). These locomotives were manufactured between the years of 1996–2002. The Manufacturing and the material selection process at that time were based on the 49 CFR part 229 regulations. However, due to the inclusion of all locomotives on passenger trains under the 49 CFR part 238 regulations, some materials in the human occupied areas have since become non-compliant under Smoke and Flame Requirements (49 CFR 238.103). Amtrak and GE have collectively sort out alternate manufactures and materials for eliminating the noncompliant materials from the locomotive cab. However due to the comparatively small fleet of passenger locomotives with freight locomotives, the cost and the manufacturing feasibility of these materials, Amtrak has been unable to obtain alternates for the components in question. Therefore, Amtrak seeks a waiver for use of these materials in the locomotive cab. Several of these materials need to be replenished in the locomotive cabs; however due to the non-compliance, Amtrak has not been able to order these items from vendors. Amtrak listed 13 items in its petition. Amtrak provided descriptions and analyses about these items in support of its petition. 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– 0104) 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 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 20037 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 April 12, 2010. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 2010–8693 Filed 4–15–10; 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. New York & Lake Erie Railroad [Docket Number FRA–2004–19950] The New York & Lake Erie Railroad (NYLE) of Gowanda, New York, has petitioned for a permanent waiver of compliance for two locomotives, numbered NYLE 1013 and NYLE 308, E:\FR\FM\16APN1.SGM 16APN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 20038 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices from the requirements of the Railroad Safety Glazing Standards, Title 49 CFR Part 223, which requires certified glazing in all windows. The types of glazing currently used in the two locomotives are as follows: NYLE 1013—Laminated Safety Glass AS–1, DOT 14M–220–ASI–030, and NYLE 308—Clear Laminated Safety Glass AS–2 101. NYLE is a short line freight carrier which travels 29.5 miles through rural countryside and small communities on an average of 11⁄2 times per week. The number of cars hauled per train is five cars or less. NYLE operates on two line segments which are connected and extend from Cattaraugus, NY, to Dayton, NY (10.1 miles), and from Conewango Valley, NY, to Gowanda, NY (19.4 miles). All freight is interchanged in Gowanda, NY. NYLE states that there has been no problem with window breakage due to vandalism and that they have not had to replace glass due to breakage from flying objects. Because of low risk of exposure to their crew in the area they serve to injury due to vandalism and the fairly substantial cost of the glazing materials involved, NYLE is requesting the waiver of this regulation for the two locomotives listed above. 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– 19950) 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 VerDate Nov<24>2008 15:07 Apr 15, 2010 Jkt 220001 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 April 13, 2010. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 2010–8760 Filed 4–15–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–005–N–5] Railroad Safety Technology Grant Program AGENCY: Federal Railroad Administration, Department of Transportation. ACTION: Notice of Funds Availability, Railroad Safety Technology Program– Correction of Grant Application Guidance Number. SUMMARY: The reference number is incorrect for the Notice of Funds Availability, Solicitation of Applications, published in the Federal Register (Volume 75, Number 59; March 29, 2010) for the Railroad Safety Technology Program, in the section, ‘‘Requirements and Conditions for Grant Applications.’’ The grant application guidance can be found at https:// grants.gov, under funding opportunity RS–TEC–10–001. Issued in Washington, DC, on April 12, 2010. Jo Strang, Associate Administrator for Railroad Safety/ Chief Safety Officer. [FR Doc. 2010–8728 Filed 4–15–10; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2010 0040] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel PASSAGE WEST II. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2010– 0040 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. DATES: Submit comments on or before May 17, 2010. ADDRESSES: Comments should refer to docket number MARAD–2010–0041. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at https:// www.regulations.govhttps:// smses.dot.gov/submit/. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 20037-20038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8760]


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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.

New York & Lake Erie Railroad

[Docket Number FRA-2004-19950]

    The New York & Lake Erie Railroad (NYLE) of Gowanda, New York, has 
petitioned for a permanent waiver of compliance for two locomotives, 
numbered NYLE 1013 and NYLE 308,

[[Page 20038]]

from the requirements of the Railroad Safety Glazing Standards, Title 
49 CFR Part 223, which requires certified glazing in all windows.
    The types of glazing currently used in the two locomotives are as 
follows: NYLE 1013--Laminated Safety Glass AS-1, DOT 14M-220-ASI-030, 
and NYLE 308--Clear Laminated Safety Glass AS-2 101. NYLE is a short 
line freight carrier which travels 29.5 miles through rural countryside 
and small communities on an average of 1\1/2\ times per week. The 
number of cars hauled per train is five cars or less. NYLE operates on 
two line segments which are connected and extend from Cattaraugus, NY, 
to Dayton, NY (10.1 miles), and from Conewango Valley, NY, to Gowanda, 
NY (19.4 miles). All freight is interchanged in Gowanda, NY.
    NYLE states that there has been no problem with window breakage due 
to vandalism and that they have not had to replace glass due to 
breakage from flying objects. Because of low risk of exposure to their 
crew in the area they serve to injury due to vandalism and the fairly 
substantial cost of the glazing materials involved, NYLE is requesting 
the waiver of this regulation for the two locomotives listed above.
    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-
2004-19950) 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 April 13, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-8760 Filed 4-15-10; 8:45 am]
BILLING CODE 4910-06-P