Petition for Waiver of Compliance, 8810-8811 [2011-3292]

Download as PDF 8810 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. jdjones on DSK8KYBLC1PROD with NOTICES Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 14 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (57 FR 57266; 65 FR 57230; 66 FR 58326; 66 FR 66966; 67 FR 68719; 68 FR 2629; 68 FR 8794; 69 FR 17267; 69 FR 33997; 69 FR 71100; 69 FR 61292; 69 FR 62741; 69 FR 64806; 70 FR 2705; 70 FR 8659; 71 FR 63379; 71 FR 62147, 71 FR 43556; 72 FR 5489; 72 FR 1050, 72 FR 184; 73 FR 35194; 73 FR 20245; 73 FR 46973; 73 FR 54888; 73 FR 75803; 73 FR 75806; 73 FR 51689; 73 FR 63047; 73 FR 48273; 74 FR 980; 74 FR 6207; 74 FR 6209). Each of these 14 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by March 17, 2011. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then VerDate Mar<15>2010 15:51 Feb 14, 2011 Jkt 223001 requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 14 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: February 7, 2011. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2011–3268 Filed 2–14–11; 8:45 am] BILLING CODE 4910–EX–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. San Diego Trolley Incorporated [Waiver Petition Docket Number FRA–2000– 7137] The San Diego Trolley Incorporated (SDTI) seeks a 5-year extension of its current waiver of compliance from certain provisions of 49 CFR for certain portions of its light-rail transit operations, employing temporal PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 separation in order to safely share track with the general railroad system’s San Diego and Imperial Valley Railroad (SDIV). SDTI seeks relief from certain requirements of 49 CFR part 217, Railroad Operating Rules (except for § 217.9(d)); Part 218, Railroad Operating Practices (§ 218.27(a)); Part 219, Control of Drug and Alcohol Abuse; Part 220, Railroad Communications; Part 221, Rear End Marking Device Passenger, Commuter and Freight Trains; Part 223, Safety Glazing Standards-Locomotives, Passenger Cars, and Cabooses (§§ 223.99(c), 223.17, 223.15(c)); Part 225, Accident Reporting and Investigation; Part 229, Railroad Locomotive Safety Standards (§§ 229.46–229.59, 229.61, 229.65, 229.71, 229.77, 229.125, 229.135); Part 231, Railroad Safety Appliance Standards (§ 231.14); Part 238, Passenger Equipment Safety Standards (§§ 238.1135, 238.114, 238.115, 238.203, 238.205, 238.207, 238.211, 238.213, 238.15, 238.17, 238.19, 238.231, 238.233, 238.235, 238.237, Subpart D (§§ 238.301–238.319)); Part 239, Passenger Train Emergency Preparedness; and Part 240, Locomotive Engineer Certification. SDTI submits that this request is consistent with the waiver process for shared use. See Statement of Agency Policy Concerning Jurisdiction Over the Safety of Railroad Passenger Operations and Waivers Related to Shared Use of the Tracks of the General Railroad System by Light Rail and Conventional Equipment, 65 FR 42529 (July 10, 2000); see also Joint Statement of Agency Policy Concerning Shared Use of the Tracks of the General Railroad System by Conventional Railroads and Light Rail Transit Systems, 65 FR 42626 (July 10, 2000). SDTI received its initial waiver and permission from FRA in January 2001. In August 2004, SDTI received permission from FRA to modify the terms and conditions of the original 2001 waiver to include limited joint nighttime operations on the lightrail Blue Line with westbound SDIV freight trains. SDTI was granted a 5-year extension of the terms and conditions of the original waiver, with modifications approved in 2004 and 2006. SDTI states in this waiver renewal that nothing has changed since the 2006 decision letter was rendered by FRA. 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 E:\FR\FM\15FEN1.SGM 15FEN1 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices jdjones on DSK8KYBLC1PROD with NOTICES 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–2000– 7137) 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 VerDate Mar<15>2010 15:51 Feb 14, 2011 Jkt 223001 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 February 9, 2011. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2011–3292 Filed 2–14–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration ACTION: Notice; corrections. This notice corrects Table 3 (FY 2011 Section 5307 and Section 5340 Urbanized Area Apportionments), Table 6 (FY 2011 Small Transit Intensive Cities Performance Data and Apportionments) and Table 10 (Prior Year Unobligated Section 5309 Bus and Bus Related Equipment and Facilities) that were published in the February 8, 2011, (76 FR 6958) Federal Transit Administration (FTA) notice titled ‘‘FTA Fiscal Year 2011 Apportionments, Allocations and Program Information.’’ SUMMARY: For general information about this notice contact Kimberly Sledge, Team Leader, Transit Program Management Team, at (202) 366–2053. FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, February 9, 2011. Peter Rogoff, Administrator. BILLING CODE P FTA Fiscal Year 2011 Apportionments, Allocations and Program Information: Corrections Federal Transit Administration (FTA), DOT. AGENCY: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 8811 E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8810-8811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3292]


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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.

San Diego Trolley Incorporated

[Waiver Petition Docket Number FRA-2000-7137]

    The San Diego Trolley Incorporated (SDTI) seeks a 5-year extension 
of its current waiver of compliance from certain provisions of 49 CFR 
for certain portions of its light-rail transit operations, employing 
temporal separation in order to safely share track with the general 
railroad system's San Diego and Imperial Valley Railroad (SDIV). SDTI 
seeks relief from certain requirements of 49 CFR part 217, Railroad 
Operating Rules (except for Sec.  217.9(d)); Part 218, Railroad 
Operating Practices (Sec.  218.27(a)); Part 219, Control of Drug and 
Alcohol Abuse; Part 220, Railroad Communications; Part 221, Rear End 
Marking Device Passenger, Commuter and Freight Trains; Part 223, Safety 
Glazing Standards-Locomotives, Passenger Cars, and Cabooses (Sec. Sec.  
223.99(c), 223.17, 223.15(c)); Part 225, Accident Reporting and 
Investigation; Part 229, Railroad Locomotive Safety Standards 
(Sec. Sec.  229.46-229.59, 229.61, 229.65, 229.71, 229.77, 229.125, 
229.135); Part 231, Railroad Safety Appliance Standards (Sec.  231.14); 
Part 238, Passenger Equipment Safety Standards (Sec. Sec.  238.1135, 
238.114, 238.115, 238.203, 238.205, 238.207, 238.211, 238.213, 238.15, 
238.17, 238.19, 238.231, 238.233, 238.235, 238.237, Subpart D 
(Sec. Sec.  238.301-238.319)); Part 239, Passenger Train Emergency 
Preparedness; and Part 240, Locomotive Engineer Certification.
    SDTI submits that this request is consistent with the waiver 
process for shared use. See Statement of Agency Policy Concerning 
Jurisdiction Over the Safety of Railroad Passenger Operations and 
Waivers Related to Shared Use of the Tracks of the General Railroad 
System by Light Rail and Conventional Equipment, 65 FR 42529 (July 10, 
2000); see also Joint Statement of Agency Policy Concerning Shared Use 
of the Tracks of the General Railroad System by Conventional Railroads 
and Light Rail Transit Systems, 65 FR 42626 (July 10, 2000). SDTI 
received its initial waiver and permission from FRA in January 2001. In 
August 2004, SDTI received permission from FRA to modify the terms and 
conditions of the original 2001 waiver to include limited joint 
nighttime operations on the light-rail Blue Line with westbound SDIV 
freight trains. SDTI was granted a 5-year extension of the terms and 
conditions of the original waiver, with modifications approved in 2004 
and 2006. SDTI states in this waiver renewal that nothing has changed 
since the 2006 decision letter was rendered by FRA.
    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

[[Page 8811]]

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-
2000-7137) 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 February 9, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-3292 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-06-P

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