Petition for Waiver of Compliance, 78731-78732 [2011-32457]

Download as PDF emcdonald on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Notices fastened 100 percent on both rails. BNSF claims they have used these ‘‘three-quarter’’ (3⁄4) crossties in Class 1 and 2 track for many years, and have demonstrated that this method is safe and results in a stronger track structure in comparison with wood crossties under similar train operations. BNSF proposes that FRA grant BNSF a waiver of compliance that will effectively ‘‘grandfather’’ BNSF’s continued use of these types of crossties at various locations throughout the BNSF operating system. BNSF also claims that: (1) The performance of 3⁄4 crossties has not resulted in any derailments due to gage or crossties defects in over 20 years of use; (2) FRA has taken no exception to BNSF’s use of 3⁄4 concrete crosstie condition in the past; (3) it is unreasonable to expect BNSF to acquire and install approximately 33,000 wood or concrete crossties at an estimated cost of $6,600,000 by the mandated compliance date of November 8, 2011; (4) the removal of service of the existing tracks would cause an adverse impact to customers and operations; (5) the Gage Restraint Measurement System (GRMS) testing of the concrete crossties has confirmed that the installation of 3⁄4 crossties meets the conditions contained in 49 CFR Section 213.110; (6) the 3⁄4 crossties are environmentally sound; (7) BNSF will identify and inventory locations where 3⁄4 crossties are currently installed, and when crosstie replacement is performed through normal maintenance cycles (identified locations will comply with 49 CFR Sections 213.109 and 213.127, accordingly); and (8) walking inspections of 3⁄4 crosstie locations will be performed annually, except where GRMS testing is performed. 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–2011– 0085) 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 19:31 Dec 16, 2011 Jkt 226001 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; Pages 19477–78), or online at https://www.dot.gov/ privacy.html. Issued in Washington, DC, on December 14, 2011. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2011–32460 Filed 12–16–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2011–0015] 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 February 10, 2011, Drake Switching Company, LLC (DSC) 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 223. FRA assigned the petition Docket Number FRA–2011–0015. DSC seeks a waiver of compliance from certain provisions of the Safety Glazing Standards–Locomotives, Passenger Cars and Cabooses, 49 CFR part 223, which requires certified glazing in all windows. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 78731 This request is for a shuttlewagon (Car Number SWX735), which is used as a locomotive. DSC states that this shuttlewagon is equipped with DOT– 002 and DOT–22 glazings, instead of the FRA Type I and II glazing required by 49 CFR part 223. Drake Cement Company’s operation requires inbound and outbound rail car movement for raw materials. In order to serve the plant, Drake Cement Company acquired and built approximately 4 miles of yard track and established DSC. The 4-mile track allows the BNSF Railway Company (BNSF) to interchange traffic to and from Drake Cement Company at Drake, AZ. DSC has operating authority from the Surface Transportation Board (STB). DSC also trained its personnel for all rail operations involved in handling the switching. DSC purchased a new shuttlewagon, SWX735, for its selfpropelled power (locomotive). DSC obtained a quote for modifying the shuttlewagon to compliant glazing. DSC believes this cost is not justified because DSC uses it once or twice a week and 100 percent of the use of the shuttlewagon is restricted to yard movement with speeds less than 10 mph. 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 Ave. 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, E:\FR\FM\19DEN1.SGM 19DEN1 78732 Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Notices Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by February 2, 2012 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 online at https://www.dot.gov/ privacy.html. Issued in Washington, DC, on December 14, 2011. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2011–32457 Filed 12–16–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2011–0092] emcdonald on DSK5VPTVN1PROD 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 October 31, 2011, CSX Transportation (CSX) has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of a signal system. FRA has assigned the petition Docket Number FRA–2011–0092. CSX seeks approval of the proposed modification of the bridge tender controlled signals to automatic signals at the Trout River Drawbridge in Jacksonville, FL, at Milepost S629.0, Kingsland Subdivision, Jacksonville Division. The modification consists of the conversion of bridge tender controlled signals to automatic signals. The reason given for the proposed change is that the drawbridge tender position is being eliminated. Train crews will request that the bridge open and close via dual-tone multi-frequency radio. Signals will clear automatically for train movements once the bridge has been closed and locked and an approach circuit is occupied. This proven technology will allow the bridge to be safely operated for boat and rail traffic, VerDate Mar<15>2010 19:31 Dec 16, 2011 Jkt 226001 while reducing the personal safety risk associated with a manned control house located on the center span. 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 Ave. 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 February 2, 2012 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 online at https://www.dot.gov/ privacy.html. PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 Issued in Washington, DC, on December 14, 2011. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2011–32455 Filed 12–16–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration FY 2011 Discretionary Funding Opportunity; Section 5309 Bus and Bus Facilities Veterans Transportation and Community Living Initiative Federal Transit Administration (FTA), DOT. ACTION: FTA Veterans Transportation and Community Living Initiative Competitive Grant Program Funds: Announcement of Project Selections. AGENCY: The U.S. Department of Transportation’s (DOT) Federal Transit Administration (FTA) announces the selection of projects funded under the Veterans Transportation and Community Living Initiative (VTCLI) discretionary grant program, which was announced in the Section 5309 Discretionary Bus and Bus Facilities Program notice of funding availability on July 27, 2011. The VTCLI grant program makes funds available to local, state and tribal agencies to create or expand One-Call/One-Click Transportation Resource Centers in their communities. These centers will increase the availability of community transportation resources to veterans, service members and military families and improve the accessibility of existing mobility resources and other transportation information to the whole community. Additionally, they will enable closer coordination of existing transportation services to improve customer experiences and overall efficiency. The VTCLI supports the Obama Administration’s priority of supporting America’s veterans and military families, as well as the objectives of the Federal Interagency Coordinating Council on Access and Mobility. The initiative is a joint effort of the Departments of Defense, Health and Human Service, Labor, Transportation and Veterans Affairs. FOR FURTHER INFORMATION CONTACT: Successful applicants should contact the appropriate FTA Regional office (Appendix) for specific information regarding applying for the funds. Unsuccessful applicants may contact Erik Weber, Office of Program Management at (202) 366–0705, email: SUMMARY: E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78731-78732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32457]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0015]


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 February 10, 2011, Drake Switching Company, LLC (DSC) 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 223. FRA assigned the petition 
Docket Number FRA-2011-0015.
    DSC seeks a waiver of compliance from certain provisions of the 
Safety Glazing Standards-Locomotives, Passenger Cars and Cabooses, 49 
CFR part 223, which requires certified glazing in all windows.
    This request is for a shuttlewagon (Car Number SWX735), which is 
used as a locomotive. DSC states that this shuttlewagon is equipped 
with DOT-002 and DOT-22 glazings, instead of the FRA Type I and II 
glazing required by 49 CFR part 223. Drake Cement Company's operation 
requires inbound and outbound rail car movement for raw materials. In 
order to serve the plant, Drake Cement Company acquired and built 
approximately 4 miles of yard track and established DSC. The 4-mile 
track allows the BNSF Railway Company (BNSF) to interchange traffic to 
and from Drake Cement Company at Drake, AZ. DSC has operating authority 
from the Surface Transportation Board (STB). DSC also trained its 
personnel for all rail operations involved in handling the switching. 
DSC purchased a new shuttlewagon, SWX735, for its self-propelled power 
(locomotive).
    DSC obtained a quote for modifying the shuttlewagon to compliant 
glazing. DSC believes this cost is not justified because DSC uses it 
once or twice a week and 100 percent of the use of the shuttlewagon is 
restricted to yard movement with speeds less than 10 mph.
    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 Ave. 
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,

[[Page 78732]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by February 2, 2012 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 online at https://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 14, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-32457 Filed 12-16-11; 8:45 am]
BILLING CODE 4910-06-P
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