Petition for Waiver of Compliance, 54222-54223 [2010-22004]

Download as PDF 54222 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices Issued in Washington, DC, on August 30, 2010. Robert L. Bostiga, RTCA Advisory Committee. [FR Doc. 2010–22098 Filed 9–2–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35402] Piedmont & Northern Railway, Inc.— Operation Exemption—North Carolina Department of Transportation Piedmont & Northern Railway, Inc. (P&N), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate over approximately 13.04 miles of rail line (the Line) owned by the North Carolina Department of Transportation (NCDOT), a noncarrier,1 between Mt. Holly (milepost SFC 11.39) and Gastonia (milepost SFC 23.0), including the Belmont spur between Mt. Holly (milepost SFC 13.6/SFF 0.13) and Belmont (milepost SFF 1.56), in Gaston County, N.C.2 Operations will be pursuant to a License and Operating Agreement (Agreement) dated July 23, 2010, which has an initial 5-year term and may be renewed 3 times for additional 5-year terms.3 This transaction is related to the verified notice of exemption filed in FD 35403, Patriot Rail, LLC—Continuance in Control Exemption—Piedmont & Northern Railway, in which Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail Corp., jointly filed a verified notice of exemption to continue in control of P&N, upon P&N’s becoming a Class III rail carrier. The transaction is scheduled to be consummated on or after September 18, 2010 (30 days after the supplements to the notice of exemption were filed). The notice was filed on August 12, 2010, but the Agreement and supplements were filed on August 19, 2010. Therefore, August 19, 2010, will be considered the official filing date and the basis for all due dates. srobinson on DSKHWCL6B1PROD with NOTICES 1 The Line was acquired from CSX Transportation, Inc. (CSXT), in 1991, after CSXT consummated the Line’s abandonment. 2 P&N states that it intends to interchange traffic with CSXT and Norfolk Southern Railway Company. 3 P&N is reminded that once it obtains Board authorization to provide common carrier rail service over the Line, the common carrier obligation continues, notwithstanding any term of the parties’ agreement, unless and until the Board grants discontinuance authority. 49 U.S.C. 10903; Chic. & N. W. Transp. Co. v. Kalo Brick & Tile Co., 450 U.S. 311, 320 (1981); Pittsburg & Shawmut R.R.—Aban. Exemption—in Armstrong & Jefferson Counties, Pa., AB 976X, slip op. at 1 (STB served Sept. 15, 2005). VerDate Mar<15>2010 15:33 Sep 02, 2010 Jkt 220001 P&N certifies that its projected annual revenues as a result of this transaction would not exceed those that would qualify it as a Class III rail carrier and further certifies that its projected annual revenues will not exceed $5 million. 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 for stay must be filed no later than September 10, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to FD 35402, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Louis E. Gitomer, 600 Baltimore Ave., Suite 301, Towson, MD 21204. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: August 30, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–22052 Filed 9–2–10; 8:45 am] BILLING CODE 4915–01–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. Aronco Leasing Company (Waiver Petition Docket Number FRA– 2010–0120) The Aronco Leasing Company (Aronco), a private passenger car operator based in Helendale, California, seeks a waiver of compliance from the Safety Glazing Standards of 49 CFR 223.15 Requirements for existing passenger cars. Specifically, Aronco has petitioned FRA for a waiver for private railroad passenger car Tioga Pass, which was built for the Canadian PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 National Railroad in 1959. The Petitioner operates this car in charter and excursion service on Amtrak and other railroads. Aronco states that passenger car Tioga Pass is primarily equipped with double pane laminated safety glass, with the exception of seven windows in which the outer panes are glazed with 1⁄4’’ polycarbonate. Aronco states that in 4 years of operating the car in charter service, there have been no incidents of broken windows, and no injuries have occurred to passengers or crew due to broken glass. Aronco additionally states the Tioga Pass is always operated with a fully qualified car operator, and is equipped with a fully accessible emergency tool locker. 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– 0120) 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 E:\FR\FM\03SEN1.SGM 03SEN1 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 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 August 30, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–22004 Filed 9–2–10; 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. srobinson on DSKHWCL6B1PROD with NOTICES Union Pacific Railroad Company (Waiver Petition Docket Number FRA– 2010–0125) The Union Pacific Railroad Company (UP) seeks a waiver of compliance with certain requirements of 49 CFR Part 232—Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of Train Devices, CFR Part 229—Railroad Locomotive Safety Standards, and CFR Part 215— Railroad Freight Car Safety Standards. Specifically, UP seeks relief to permit trains received at the U.S./Mexico border at El Paso, Texas, from the Ferrocarriles Nacionales de Mexico (FXE) to move from the interchange point without performing the regulatory tests and inspections specified in Part 215, § 229.21, and § 232.205(a)(1), at that location. UP proposes moving the trains from the FXE interchange point at the International Yard on the Lordsburg subdivision to the UP’s Dallas St. yard, a distance of 2.8 miles, without the need to comply with the requirements of those parts of the CFR as noted above. A Class III brake test under § 232.211 would be performed prior to departing the International Yard. Interested parties are invited to participate in these proceedings by VerDate Mar<15>2010 15:33 Sep 02, 2010 Jkt 220001 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– 0125) 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 August 30, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–22003 Filed 9–2–10; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 54223 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) received a request for a waiver of compliance with 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. City of St. Matthews, Kentucky (Waiver Petition Docket Number FRA– 2010–0135) The City of St. Matthews, KY (City), and CSX Transportation, Inc. (CSX) jointly seek a temporary waiver of compliance from certain provisions of the Use of Locomotive Horns at Highway-Rail Grade Crossings, 49 CFR Part 222. The City intends to establish a Pre-Rule Quiet Zone that it had previously continued under the provisions of 49 CFR 222.41(c)(1). The City is seeking a waiver for the requirement to construct and complete a Pre-Rule Quiet Zone by June 24, 2010, as required by 49 CFR 222.41(c)(2) and for an extension of such date to September 1, 2011. In addition, the City, CSX and the City of Richlawn, KY (Richlawn), seek a temporary waiver from provisions of 49 CFR 222.41(c) so that a single public highway-rail grade crossing in Richlawn, that meets the definition of a Pre-Rule Quiet Zone, but the required notices or other actions have not been submitted, could be included in St. Matthews’ Pre-Rule Quiet Zone. There are 5 crossings in the existing City’s Pre-Rule Quiet Zone extending from Chenoweth Lane (MP T5.43) to Thierman Lane (MP T6.12) on the CSX Louisville Division, LouisvilleCincinnati Subdivision. All of the crossings are equipped with flashing lights and gates, constant warning time train detection circuitry and power-out indicators. Two of these crossings will be treated with Supplementary Safety Measures (SSM) as follows: 1 crossing with gates and non-traversable curb medians and 1 crossing with fourquadrant gates. One of the SSMs has been installed (gates and nontraversable curb medians on Thierman Lane) and the other (four-quadrant gates on Chenoweth Lane) will be completed within the October 2011 to April 2012 timeframe and hopefully sooner. E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Notices]
[Pages 54222-54223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22004]


-----------------------------------------------------------------------

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.

Aronco Leasing Company

(Waiver Petition Docket Number FRA-2010-0120)

    The Aronco Leasing Company (Aronco), a private passenger car 
operator based in Helendale, California, seeks a waiver of compliance 
from the Safety Glazing Standards of 49 CFR 223.15 Requirements for 
existing passenger cars. Specifically, Aronco has petitioned FRA for a 
waiver for private railroad passenger car Tioga Pass, which was built 
for the Canadian National Railroad in 1959. The Petitioner operates 
this car in charter and excursion service on Amtrak and other 
railroads.
    Aronco states that passenger car Tioga Pass is primarily equipped 
with double pane laminated safety glass, with the exception of seven 
windows in which the outer panes are glazed with \1/4\'' polycarbonate. 
Aronco states that in 4 years of operating the car in charter service, 
there have been no incidents of broken windows, and no injuries have 
occurred to passengers or crew due to broken glass. Aronco additionally 
states the Tioga Pass is always operated with a fully qualified car 
operator, and is equipped with a fully accessible emergency tool 
locker.
    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-
2010-0120) 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

[[Page 54223]]

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 August 30, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-22004 Filed 9-2-10; 8:45 am]
BILLING CODE 4910-06-P

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