Petition for Waiver of Compliance, 39616-39617 [2010-16715]

Download as PDF wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 39616 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Notices OERM owns 66 rail cars that are older than 50 years, and are restricted by the provision of 49 CFR 215.203(a). OERM is seeking special approval to continue to use these cars under proceeding according to 49 CFR 215.203(b). OERM states that the cars subject to this waiver are used for educational, historical and interpretive purposes as part of the ongoing museum activities of Southern California Railway Museum, Inc, d.b.a. Orange Empire Railway Museum, a California non-profit education corporation. OERM is a historical museum tourist railroad operation located in the City of Perris, California. Continued operation of these cars is central to the education mission and economic survival of the museum. OERM further states that applying the required stenciling and reflective material would destroy the historical appearance of the cars. The cars will be operated in captive service and will never be interchanged. These cars are rarely, if at all, operated at times other than daylight hours. On the rare occasions when the cars are operated at night and across a public grade crossing, the crossings in question are fully equipped with automatic crossing protection and, by virtue of their locations within an urban area, there is adequate light at the grade crossing to illuminate the cars. The crossing at 7th street on the Jacinto Industrial Spur is not protected by gates and flashers; however, on the rare occurrence, if ever, when such equipment is moved across said crossing, the museum provides a flagman and speeds will not exceed 5 miles per hour. The 7th Street crossing is scheduled to receive gates, flashers and islands with the introduction of Metrolink service. There have never been any train/vehicle accidents at these grade crossings involving OERM trains. 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– 0102) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. VerDate Mar<15>2010 15:17 Jul 08, 2010 Jkt 220001 • 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 July 2, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–16725 Filed 7–8–10; 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. Pan Am Railways [Waiver Petition Docket Number FRA–2010– 0107] The Pan Am Railways (Pan Am) seeks a waiver of compliance with the PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Locomotive Safety Standards, 49 CFR 229.129(b)(2), which requires that the sound level of horns of locomotives manufactured before September 18, 2006, be tested before June 24, 2010. Pan Am states in their request that difficulties in meeting the horn requirements for tests made at the rear of their locomotives, even after reconfiguring the existing horns, has created a need to replace horns on the majority of their locomotives, which cannot be done by June 24, 2010. Pan Am requests that the requirement to complete testing of horns on locomotives built prior to September 18, 2006, be extended 130 days, to November 1, 2010. 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– 0107) 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. FRA reserves the right to grant relief in response to this request prior to the expiration of the comment period. Any relief provided will be contingent upon FRA’s consideration of any relevant comments submitted to the docket before the close of the comment period. 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 E:\FR\FM\09JYN1.SGM 09JYN1 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Notices 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 July 2, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–16715 Filed 7–8–10; 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. Middletown & Hummelstown Railroad wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 [Waiver Petition Docket Number FRA–2010– 0105] The Middletown & Hummelstown Railroad (MIDH) has petitioned FRA for a waiver of compliance with the requirements of 49 CFR 215.203(a)(1) ‘‘Restricted Cars’’ (more than 50 years old) for 2 cars, RPCX 1987 and CNJ91537. Both of these cars are cabooses built in 1956, and 1942, respectively. MIDH is also requesting a waiver of compliance with 49 CFR 223.13, ‘‘Glazing requirements for existing cabooses’’ because of the high costs of FRA Type I and Type II Glazing, as opposed to the very low incidences of vandalism. MIDH operates its own rail line between Middletown and Hummelstown, Pennsylvania, a distance of approximately 7 miles. The maximum passenger train speed is 15 mph, and these cabooses will be used on this trackage. Interested parties are invited to participate in these proceedings by submitting written views, data, or VerDate Mar<15>2010 15:17 Jul 08, 2010 Jkt 220001 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– 0105) 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 (Volume 65, Number 70; Page 19477) or at https://www.dot.gov/privacy.html. Issued in Washington, DC, on July 2, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–16722 Filed 7–8–10; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 39617 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. Southeastern Pennsylvania Transportation Authority [Waiver Petition Docket Number FRA–2010– 0113] The Southeastern Pennsylvania Transportation Authority (SEPTA) seeks a waiver of compliance with the Locomotive Safety Standards, 49 CFR 229.129(b)(2), which requires that the sound level of horns of locomotives manufactured before September 18, 2006, be tested before June 24, 2010. SEPTA operates approximately 332 pieces of equipment (locomotives) with train horns that were manufactured before the September 18, 2006, date. SEPTA states in their request that lack of a site meeting the requirements of the horn test regulation has caused SEPTA to be unable to perform any of the required horn tests. SEPTA has recently realized that removal of trees at their Frazier Facility will allow the horn testing to be performed there. SEPTA requests that the requirement to complete testing of horns on locomotives built prior to September 18, 2006, be extended 6 months, to December 24, 2010. 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– 0113) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Notices]
[Pages 39616-39617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16715]


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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.

Pan Am Railways

[Waiver Petition Docket Number FRA-2010-0107]

    The Pan Am Railways (Pan Am) seeks a waiver of compliance with the 
Locomotive Safety Standards, 49 CFR 229.129(b)(2), which requires that 
the sound level of horns of locomotives manufactured before September 
18, 2006, be tested before June 24, 2010. Pan Am states in their 
request that difficulties in meeting the horn requirements for tests 
made at the rear of their locomotives, even after reconfiguring the 
existing horns, has created a need to replace horns on the majority of 
their locomotives, which cannot be done by June 24, 2010. Pan Am 
requests that the requirement to complete testing of horns on 
locomotives built prior to September 18, 2006, be extended 130 days, to 
November 1, 2010.
    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-
2010-0107) 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. FRA reserves the right to grant relief in 
response to this request prior to the expiration of the comment period. 
Any relief provided will be contingent upon FRA's consideration of any 
relevant comments submitted to the docket before the close of the 
comment period. 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

[[Page 39617]]

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 July 2, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-16715 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-06-P