Petition for Waiver of Compliance, 38172-38173 [2010-16053]
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jlentini on DSKJ8SOYB1PROD with NOTICES
38172
Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices
Fishburns operate this car in charter,
tourist and excursion service on Amtrak
and other railroads.
The Fishburns state that the passenger
car is equipped with double pane
laminated safety glass and
polycarbonate glazing material; with the
exception of four passageway and three
small auxiliary windows, which are
glazed with single pane 1⁄4″
polycarbonate. The Fishburns state that
in 20+ years of operating the car, the
current glazing has had a perfect safety
record protecting both passengers and
staff. None of the many objects that have
struck the car over the years have
penetrated the glazing and entered the
passenger compartment. The Fishburns
additionally state that operation of the
passenger car is a very small business,
and the cost of installing compliant
glazing would pose an extreme
hardship.
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–2010–
0080) 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.
VerDate Mar<15>2010
16:02 Jun 30, 2010
Jkt 220001
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 June 25,
2010.
Michael J. Logue,
Deputy Associate Administrator, Safety
Compliance and Program Implementation.
[FR Doc. 2010–16055 Filed 6–30–10; 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.
DesertXpress Enterprises, LLC
[Docket Number FRA–2010–0098]
The DesertXpress Enterprises, LLC
(DXE) seeks a waiver of compliance
from certain provisions of Title 49 of the
CFR. Specifically, DXE is considering
purchasing vehicles that are constructed
to and meet European safety standards
for crash-worthiness and related safety
measures for use on its proposed highspeed rail corridor between Victorville,
California, and Las Vegas, Nevada. DXE
seeks relief from certain requirements of
49 CFR part 238, Passenger Equipment
Safety Standards (§§ 238.115, 238.121,
238.435, 238.447, 238.403, 238.405,
238.407, 238.409, 238.411, 238.413,
238.417, 238.419); 49 CFR part 231,
Railroad Safety Appliance Standards
(§ 231.14); and 49 CFR part 229,
Railroad Locomotive Safety Standards
(§ 229.141).
DXE intends to design, develop, and
construct an intercity high-speed
passenger-only rail corridor, exclusive
of freight operations, connecting
Victorville, CA, and Las Vegas, NV,
along a 183-mile long, double track
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
alignment. The system will feature a
high-speed train operation at speeds up
to 150 mph (FRA Class 8), featuring
preferred electric multiple unit (EMU)
technology train-sets based upon the
Regina system, which was developed by
Bombardier in Sweden. Most of the
alignment will run parallel to the
Interstate-15 (I–15) highway corridor,
making maximum use of excess freeway
right of way and minimizing impact
upon the largely undeveloped land
alongside the highway. There will be no
highway-rail grade crossings with road
vehicles.
DXE is considering purchasing nonFRA compliant EMU Regina train-sets
for this high-speed rail system, and is
requesting this relief primarily as a
result of DXE’s decision to construct
and operate this project as a gradeseparated, passenger-only system, with
no freight trains or any other dissimilar
trains operating on the line and no
highway-rail grade crossings. DXE
asserts that an added level of safety is
further provided by DXE’s exclusive,
grade-separated system, in combination
with advanced positive train control,
broken rail detection, unique highway/
rail barrier protection, and use of an
intrusion detection system. According
to DXE, these EMU’s will offer higher
reliability than typical FRA-compliant
equipment, higher energy efficiency due
to light vehicle weight, and better
performance due to power-to-weight
ratio which will enable these train-sets
to climb steep grades. No push-pull or
locomotive-hauled trains will be used,
so that in the event of a collision, only
identical train-sets will be involved,
thereby simplifying the design
requirements for crash-worthiness.
Noting that certain provisions in 49
CFR part 231 pertaining to safety
appliances are statutorily required, and
therefore not subject to FRA’s waiver
authority, DXE also requests that FRA
exercise its authority under 49 U.S.C.
20306 to exempt DXE from certain
provisions of Chapter 203, Title 49 of
the United States Code because the
EMU Regina vehicles will be equipped
with their own array of safety devices
resulting in equivalent safety.
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.
E:\FR\FM\01JYN1.SGM
01JYN1
Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2010–
0098) 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.
Reports, Forms, and Recordkeeping
Requirements
SUMMARY: Before a Federal agency can
collect certain information from the
public, it must receive approval from
the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of
1995, before seeking OMB approval,
Federal agencies must solicit public
comment on proposed collections of
information, including extensions and
reinstatement of previously approved
collections. This document describes an
existing collection of information for an
existing regulation for the aftermarket
modification of vehicles to
accommodate people with disabilities,
for which NHTSA intends to seek
renewed OMB approval.
DATES: Comments must be received on
or before August 30, 2010.
ADDRESSES: Comments must refer to the
docket number cited at the beginning of
this notice, and may be submitted by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. e.t., Monday
through Friday, except Federal holidays.
Telephone: 1–800–647–2251.
• Instructions: All submissions must
include the docket number for this
document. Please identify the collection
of information for which a comment is
provided by referencing the OMB
Control Number, 2127–0635. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all 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 (65 FR
19477–78) or you may visit https://
DocketsInfo.dot.gov.
AGENCY: National Highway Traffic
Safety Administration (NHTSA), DOT.
FOR FURTHER INFORMATION CONTACT: Ms.
Gayle Dalrymple, NHTSA, 1200 New
Issued in Washington, DC, on June 25,
2010.
Michael J. Logue,
Deputy Associate Administrator for Safety
Compliance and Program Implementation.
[FR Doc. 2010–16053 Filed 6–30–10; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
jlentini on DSKJ8SOYB1PROD with NOTICES
ACTION: Request for public comment on
extension of a currently approved
collection of information.
[U.S. DOT Docket Number NHTSA–2010–
0086]
VerDate Mar<15>2010
18:24 Jun 30, 2010
Jkt 220001
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
38173
Jersey Avenue, SE., Room W45–333,
NVS–123, Washington, DC 20590. Mrs.
Dalrymple’s telephone number is (202)
366–5559.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5 CFR 1320.8(d)), an
agency must ask for public comment on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(3) How to enhance the quality,
utility, and clarity of the information to
be collected;
(4) How to minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following collection of
information:
Title: Exemption for the Make
Inoperative Prohibition.
OMB Control Number: 2127–0635.
Form Number: This collection of
information uses no standard form.
Type of Request: Extension of a
currently approved collection of
information.
Abstract: On February 27, 2001
NHTSA published a final rule (66 FR
12638) to facilitate the modification of
motor vehicles so that persons with
disabilities can drive or ride in them as
passengers. In that final rule, the agency
issued a limited exemption from a
statutory provision that prohibits
specified types of commercial entities
from either removing safety equipment
or features installed on motor vehicles
pursuant to the Federal motor vehicle
safety standards or altering the
equipment or features so as to adversely
affect their performance. The exemption
E:\FR\FM\01JYN1.SGM
01JYN1
]]>Agencies
[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38172-38173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16053]
-----------------------------------------------------------------------
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.
DesertXpress Enterprises, LLC
[Docket Number FRA-2010-0098]
The DesertXpress Enterprises, LLC (DXE) seeks a waiver of
compliance from certain provisions of Title 49 of the CFR.
Specifically, DXE is considering purchasing vehicles that are
constructed to and meet European safety standards for crash-worthiness
and related safety measures for use on its proposed high-speed rail
corridor between Victorville, California, and Las Vegas, Nevada. DXE
seeks relief from certain requirements of 49 CFR part 238, Passenger
Equipment Safety Standards (Sec. Sec. 238.115, 238.121, 238.435,
238.447, 238.403, 238.405, 238.407, 238.409, 238.411, 238.413, 238.417,
238.419); 49 CFR part 231, Railroad Safety Appliance Standards (Sec.
231.14); and 49 CFR part 229, Railroad Locomotive Safety Standards
(Sec. 229.141).
DXE intends to design, develop, and construct an intercity high-
speed passenger-only rail corridor, exclusive of freight operations,
connecting Victorville, CA, and Las Vegas, NV, along a 183-mile long,
double track alignment. The system will feature a high-speed train
operation at speeds up to 150 mph (FRA Class 8), featuring preferred
electric multiple unit (EMU) technology train-sets based upon the
Regina system, which was developed by Bombardier in Sweden. Most of the
alignment will run parallel to the Interstate-15 (I-15) highway
corridor, making maximum use of excess freeway right of way and
minimizing impact upon the largely undeveloped land alongside the
highway. There will be no highway-rail grade crossings with road
vehicles.
DXE is considering purchasing non-FRA compliant EMU Regina train-
sets for this high-speed rail system, and is requesting this relief
primarily as a result of DXE's decision to construct and operate this
project as a grade-separated, passenger-only system, with no freight
trains or any other dissimilar trains operating on the line and no
highway-rail grade crossings. DXE asserts that an added level of safety
is further provided by DXE's exclusive, grade-separated system, in
combination with advanced positive train control, broken rail
detection, unique highway/rail barrier protection, and use of an
intrusion detection system. According to DXE, these EMU's will offer
higher reliability than typical FRA-compliant equipment, higher energy
efficiency due to light vehicle weight, and better performance due to
power-to-weight ratio which will enable these train-sets to climb steep
grades. No push-pull or locomotive-hauled trains will be used, so that
in the event of a collision, only identical train-sets will be
involved, thereby simplifying the design requirements for crash-
worthiness.
Noting that certain provisions in 49 CFR part 231 pertaining to
safety appliances are statutorily required, and therefore not subject
to FRA's waiver authority, DXE also requests that FRA exercise its
authority under 49 U.S.C. 20306 to exempt DXE from certain provisions
of Chapter 203, Title 49 of the United States Code because the EMU
Regina vehicles will be equipped with their own array of safety devices
resulting in equivalent safety.
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.
[[Page 38173]]
All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0098) 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 June 25, 2010.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 2010-16053 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-06-P
