Petition for Waiver of Compliance, 51463-51464 [2011-21094]
Download as PDF
Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices
Register notice described above. The
laws under which actions were taken
include, but are not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act [42 U.S.C. 7401–
7671(q)].
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303].
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
1536]; Migratory Bird Treaty Act [16
U.S.C. 703–712].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.].
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; Farmland Protection Policy
Act (FPPA) [7 U.S.C. 4201–4209].
7. Executive Orders: E.O. 11990,
Protection of Wetlands; E.O. 11988,
Floodplain Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 13175, Consultation
and Coordination With Indian Tribal
Governments; E.O. 13112, Invasive
Species.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: August 10, 2011.
James Christian,
Division Administrator, Salt Lake City.
[FR Doc. 2011–21018 Filed 8–17–11; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2011–0067]
mstockstill on DSK4VPTVN1PROD with NOTICES
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated June
29, 2011, Penn Valley Railroad LLC has
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR Section 223.15.
FRA assigned the petition Docket
Number FRA–2011–0067.
VerDate Mar<15>2010
16:04 Aug 17, 2011
Jkt 223001
Penn Valley Railroad LLC is
requesting consideration of a waiver
from 49 CFR § 223.15, Safety Glazing
Standards, in regard to Coach PRR 1776.
The coach is equipped with a type of
automotive safety glass and is serviced
and maintained by Penn Valley Railroad
LLC. There have not been any injuries
on this coach due to broken glass. Penn
Valley Railroad LLC is requesting the
glazing waiver because of the extremely
high cost to replace the glazing and the
low risk to safety of continuing to
operate with the current safety glass.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
https://www.regulations.gov and in
person at the U.S. Department of
Transportation’s (DOT) Docket
Operations Facility, 1200 New Jersey
Avenue, SE., W12–140, Washington, DC
20590. The Docket Operations Facility
is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
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 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 by October
3, 2011 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered as far as practicable.
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
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
51463
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or at
https://www.dot.gov/privacy.html.
Issued in Washington, DC, on August 12,
2011.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2011–21095 Filed 8–17–11; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0034]
Petition for Waiver of Compliance
In accordance with part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated July 15,
2011, Port Authority Trans-Hudson
Corporation (PATH) has petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
236. FRA has previously assigned all
PATH Positive Train Control (PTC)related documentation Docket Number
FRA–2010–0034, and is adding this
waiver request to that docket.
PATH seeks a waiver from
compliance with PTC system
requirements found at 49 CFR Section
236.1006, Equipping locomotives
operating in PTC territory. Specifically,
this petition is made in connection with
the implementation of PATH’s
Automatic Train Control (ATC) project
and the plan to use unequipped PA–4
cars as maintenance-of-way (MOW)
work equipment. PATH is currently in
the process of implementing an ATC
system using communications-based
train control (CBTC) technology
throughout the PATH rail network, as
described in the Positive Train Control
Implementation and Development Plans
previously submitted for FRA approval.
As part of that program, PATH will be
equipping all A-cars (cab control cars) of
the new PA–5 fleet with onboard ATC
equipment. By December 31, 2015,
PATH’s passenger carrying fleet will
consist of only multiple-unit train
consists made of PA–5 cars, and as
such, PATH’s operation will be in
compliance with the new PTC rule. An
important element of the new ATC
system implementation at PATH will be
the incorporation of a track-circuitbased Secondary Train Detection
System (STDS) incorporating wayside
signals and automatic train stops (trip
stops). The STDS will provide for safe
E:\FR\FM\18AUN1.SGM
18AUN1
mstockstill on DSK4VPTVN1PROD with NOTICES
51464
Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices
operation of both PA–5 trains with
failed ATC equipment, and MOW work
equipment that will not be fitted with
onboard ATC equipment.
It is PATH’s intention to retire the
existing PA–4 fleet from passenger
service, but to retain some of these PA–
4 cars to function as MOW work
equipment. PATH will modify the
interiors of some of these vehicles so
that they are configured to transport
tools and equipment. The PA–4 work
vehicles would retain their trip cock
equipment, and as such, the STDS
would provide enforced braking for
these vehicles at stop (red) signals.
Further, since the PA–4 cars reliably
shunt track circuits, they will be
continuously detected by both the STDS
and the CBTC system, thereby
preventing train-to-train collisions.
PATH’s justification for relief is that
the proposed use of non-equipped PA–
4 vehicles for MOW work equipment
does not introduce any new or different
safety hazards to the existing operation,
and provides additional safety elements
not available for other types of MOW
equipment. The installation of the ATC
and/or CBTC systems and the STDS by
December 31, 2015, in conjunction with
well-established operating rules and
procedures, will in fact provide
enhanced safety for such operations.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
https://www.regulations.gov and in
person at the U.S. Department of
Transportation’s (DOT) Docket
Operations Facility, 1200 New Jersey
Avenue, SE., W12–140, Washington, DC
20590. The Docket Operations Facility
is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
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 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
VerDate Mar<15>2010
16:04 Aug 17, 2011
Jkt 223001
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 by October
3, 2011 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered as far as practicable.
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) or at
https://www.dot.gov/privacy.html.
Maritime Administration
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
September 19, 2011.
ADDRESSES: Comments should refer to
docket number MARAD–2011–0104.
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.gov.
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 Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
[Docket No. MARAD–2011–0104]
FOR FURTHER INFORMATION CONTACT:
Issued in Washington, DC, on August 12,
2011.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2011–21094 Filed 8–17–11; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Requested Administrative Waiver of
the Coastwise Trade Laws
Maritime Administration,
Department of Transportation.
ACTION: Invitation for public comments
on a requested administrative waiver of
the Coastwise Trade Laws for the vessel
CATATONIC.
AGENCY:
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–2011–
0104 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, that the issuance of
SUMMARY:
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
Joann Spittle, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue, SE., Room W21–203,
Washington, DC 20590. Telephone 202–
366–5979, E-mail Joann.Spittle@dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel CATATONIC is:
Intended Commercial Use of Vessel:
‘‘Take passengers on half-day or all day
sails off Waikiki. Boat will also anchor
off Waikiki Beach for snorkeling and
swimming. Vessel will depart and arrive
back to Kewalo Basin Harbor, which is
a commercial boat harbor. We are
aiming at taking out family groups and
groups of friends.’’
Geographic Region: ‘‘Hawaii.’’
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
E:\FR\FM\18AUN1.SGM
18AUN1
Agencies
[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51463-51464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21094]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0034]
Petition for Waiver of Compliance
In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated July 15, 2011, Port Authority Trans-Hudson Corporation (PATH) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 236. FRA has previously assigned
all PATH Positive Train Control (PTC)-related documentation Docket
Number FRA-2010-0034, and is adding this waiver request to that docket.
PATH seeks a waiver from compliance with PTC system requirements
found at 49 CFR Section 236.1006, Equipping locomotives operating in
PTC territory. Specifically, this petition is made in connection with
the implementation of PATH's Automatic Train Control (ATC) project and
the plan to use unequipped PA-4 cars as maintenance-of-way (MOW) work
equipment. PATH is currently in the process of implementing an ATC
system using communications-based train control (CBTC) technology
throughout the PATH rail network, as described in the Positive Train
Control Implementation and Development Plans previously submitted for
FRA approval. As part of that program, PATH will be equipping all A-
cars (cab control cars) of the new PA-5 fleet with onboard ATC
equipment. By December 31, 2015, PATH's passenger carrying fleet will
consist of only multiple-unit train consists made of PA-5 cars, and as
such, PATH's operation will be in compliance with the new PTC rule. An
important element of the new ATC system implementation at PATH will be
the incorporation of a track-circuit-based Secondary Train Detection
System (STDS) incorporating wayside signals and automatic train stops
(trip stops). The STDS will provide for safe
[[Page 51464]]
operation of both PA-5 trains with failed ATC equipment, and MOW work
equipment that will not be fitted with onboard ATC equipment.
It is PATH's intention to retire the existing PA-4 fleet from
passenger service, but to retain some of these PA-4 cars to function as
MOW work equipment. PATH will modify the interiors of some of these
vehicles so that they are configured to transport tools and equipment.
The PA-4 work vehicles would retain their trip cock equipment, and as
such, the STDS would provide enforced braking for these vehicles at
stop (red) signals. Further, since the PA-4 cars reliably shunt track
circuits, they will be continuously detected by both the STDS and the
CBTC system, thereby preventing train-to-train collisions.
PATH's justification for relief is that the proposed use of non-
equipped PA-4 vehicles for MOW work equipment does not introduce any
new or different safety hazards to the existing operation, and provides
additional safety elements not available for other types of MOW
equipment. The installation of the ATC and/or CBTC systems and the STDS
by December 31, 2015, in conjunction with well-established operating
rules and procedures, will in fact provide enhanced safety for such
operations.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at https://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue, SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
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 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 by October 3, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
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) or at https://www.dot.gov/privacy.html.
Issued in Washington, DC, on August 12, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-21094 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-06-P