Petition for Waiver of Compliance, 65935-65936 [2012-26812]

Download as PDF Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 7 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement in 49 CFR 391.41(b)(10) and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received no comments in this proceeding. tkelley on DSK3SPTVN1PROD with NOTICES Conclusion Based upon its evaluation of the 7 exemption applications, FMCSA exempts Donald L. Blakeley II (NV), Paul M. Griffey (MO), Roger S. Hardin (AL), Stephen J. Hodge (ME), Matthew J. Mantooth (KY), James J. Monticello (IN), and Michael J. Wells (NC) from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The 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 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. VerDate Mar<15>2010 17:08 Oct 30, 2012 Jkt 229001 Issued on: October 24, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–26733 Filed 10–30–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2012–0073] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System In accordance with Part 235 of Title 49 Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that by a document dated August 20, 2012, the Norfolk Southern Corporation (NS) has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of a signal system. FRA assigned the petition Docket Number FRA–2012– 0073. Applicant: Norfolk Southern Corporation, Mr. Brian Sykes, Chief Engineer C&S Engineering, 1200 Peachtree Street NE., Atlanta, GA 30309. NS seeks approval of the proposed discontinuance of automatic signals within traffic control signal (TCS) territory and the installation of a cab signal system without wayside signals on the NS Port Road Branch from Perrysburg, MD, Milepost (MP) PD–0.3, to Enola, PA, MP EP–68.2. The discontinuance would include automatic signals: PD 1.9, PD 6.4, PD 9.7, PD 15.7, PD 18.7, PD 23.6, PD 28.8, PD 35.7, EP 35.2, EP 40.0, EP 42.4, EP 47.6, EP 49.5, EP 53.6, EP 54.0, EP 58.3, EP 62.8, EP 67.1. The installation of cab signals without wayside signals will include ‘‘Block Clear’’ signals at all control points in the event of an onboard cab signal failure en route. The reasons given for the proposed changes are that the installation of cab signals without wayside signals will improve train operations and will facilitate the installation of Positive Train Control on the Port Road Branch. A copy of the petition, as well as any written communications concerning the petition, is available for review online at 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. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 65935 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 December 17, 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 October 26, 2012. Brenda Moscoso, Director, Office of Safety Analysis. [FR Doc. 2012–26819 Filed 10–30–12; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2012–0076] 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 E:\FR\FM\31OCN1.SGM 31OCN1 tkelley on DSK3SPTVN1PROD with NOTICES 65936 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices 18, 2012, the Locomotive and Tower Preservation Fund, Ltd. (L&TPF) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained in 49 CFR part 230—Steam Locomotive Inspection and Maintenance Standards. FRA assigned the petition Docket Number FRA–2012– 0076. Steam Locomotive Number 2719 is a former Soo Line class H–23 4–6–2 ‘‘Pacific’’ type locomotive built by the American Locomotive Company in 1923. L&TPF restored Steam Locomotive Number 2719 and completed the current 1,472-service-day inspection (SDI) in accordance with 49 CFR 230.17–One thousand four hundred seventy-two (1472) service day inspection in July 1998. As of September 2006, Steam Locomotive Number 2719 has been operated by the Lake Superior Railroad Museum and the North Shore Scenic Railroad. To date, Steam Locomotive Number 2719 has accumulated 224 days of service, with the possibility of an additional 25–29 service days for the remainder of 2012, and another 25–29 service days for the 2013 operating season. Its second 1,472 SDI is due at the expiration of the 15 years permitted by 49 CFR 230.17. L&TPF requests relief from 49 CFR 230.17(a) with respect to the timeframe for the inspection. The current 1,472 SDI period ends on July 30, 2013. The request is for permission to extend the current 1,472 SDI for 60 calendar days to allow Steam Locomotive Number 2719 to finish the late summer/early fall operating season at the end of September 2013. This would allow for an additional four weekends of service. The annual inspection will be performed as required in July 2013. Granting the waiver will allow Steam Locomotive Number 2719 to operate during its normal seasonal operation, and will move the 15-year 1,472 SDI date so that it occurs after the operating season. L&TPF states that granting the relief will permit the locomotive to finish its operating season, generate income to use for the SDI, and will not decrease the safety for the locomotive, railroad employees, or the public. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. VerDate Mar<15>2010 17:08 Oct 30, 2012 Jkt 229001 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 December 20, 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. DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on October 26, 2012. Ron Hynes, Director, Office of Safety Assurance and Compliance. [FR Doc. 2012–26780 Filed 10–30–12; 8:45 am] [FR Doc. 2012–26812 Filed 10–30–12; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00085 Fmt 4703 Sfmt 9990 Surface Transportation Board [Docket No. FD 35683] ABE Fairmont, LLC—Acquisition and Operation Exemption—BNSF Railway Company ABE Fairmont, LLC (ABE), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from BNSF Railway Company (BNSF) and to operate an approximately 1.0-mile rail line between BNSF milepost 1.7 and a point of connection with BNSF’s main line at milepost 114.73, at or near Fairmont, Fillmore County, Neb.1 The transaction may be consummated on or after November 14, 2012 (30 days after the notice of exemption was filed). ABE certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and 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 to stay must be filed no later than November 7, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35683, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: October 25, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. BILLING CODE 4915–01–P 1 ABE was previously granted authority to acquire and operate an approximately two-mile rail line between a point of connection with BNSF at BNSF’s milepost 1.7 and the north property line of County Road H, at or near Fairmont. See ABE Fairmont, LLC—Acquis. and Operation Exemption—Fillmore Western Railway Company, FD 35673 (STB served Sept. 21, 2012). ABE states the line it acquired in that proceeding connects with the line it seeks to acquire here, forming an approximately three-mile north-south branch line between Fairmont and BNSF’s east-west main line. E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65935-65936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26812]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0076]


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

[[Page 65936]]

18, 2012, the Locomotive and Tower Preservation Fund, Ltd. (L&TPF) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained in 49 CFR part 230--Steam Locomotive Inspection 
and Maintenance Standards. FRA assigned the petition Docket Number FRA-
2012-0076.
    Steam Locomotive Number 2719 is a former Soo Line class H-23 4-6-2 
``Pacific'' type locomotive built by the American Locomotive Company in 
1923. L&TPF restored Steam Locomotive Number 2719 and completed the 
current 1,472-service-day inspection (SDI) in accordance with 49 CFR 
230.17-One thousand four hundred seventy-two (1472) service day 
inspection in July 1998. As of September 2006, Steam Locomotive Number 
2719 has been operated by the Lake Superior Railroad Museum and the 
North Shore Scenic Railroad.
    To date, Steam Locomotive Number 2719 has accumulated 224 days of 
service, with the possibility of an additional 25-29 service days for 
the remainder of 2012, and another 25-29 service days for the 2013 
operating season. Its second 1,472 SDI is due at the expiration of the 
15 years permitted by 49 CFR 230.17.
    L&TPF requests relief from 49 CFR 230.17(a) with respect to the 
timeframe for the inspection. The current 1,472 SDI period ends on July 
30, 2013. The request is for permission to extend the current 1,472 SDI 
for 60 calendar days to allow Steam Locomotive Number 2719 to finish 
the late summer/early fall operating season at the end of September 
2013. This would allow for an additional four weekends of service. The 
annual inspection will be performed as required in July 2013. Granting 
the waiver will allow Steam Locomotive Number 2719 to operate during 
its normal seasonal operation, and will move the 15-year 1,472 SDI date 
so that it occurs after the operating season. L&TPF states that 
granting the relief will permit the locomotive to finish its operating 
season, generate income to use for the SDI, and will not decrease the 
safety for the locomotive, railroad employees, or the public.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's 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 December 20, 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 October 26, 2012.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-26812 Filed 10-30-12; 8:45 am]
BILLING CODE 4910-06-P
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