Petition for Waiver of Compliance, 57549-57550 [2019-23302]

Download as PDF Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices and other documents for the project are available by contacting FDOT at the address provided above. The Type 2 CE can be viewed and downloaded from the project website at http:// www.cortezbridge.com/final_ reports.shtm. Additional project documents can be found at cortezbridge.com. The project subject to this notice is: Project Location: Manatee County, Florida—Cortez Bridge on State Road (S.R.) 684 in the City of Bradenton Beach, Florida. The project involves replacement of the existing Cortez Bridge, a two-lane undivided 17.5-foot high low-level drawbridge, with a twolane 65-foot high-level fixed bridge, with the addition of 10-foot wide shoulders and 10-foot sidewalks in each direction. The new bridge will be constructed approximately 20 feet north of the existing bridge, which will remain in place during construction to accommodate all traffic. The existing bridge will be removed after traffic is shifted to the new bridge. This notice applies to all Federal Agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act (CAA), 42 U.S.C. 7401–7671(q). 3. Land: Section 4(f) of the U.S. Department of Transportation Act of 1966 (4f) [49 U.S.C. 303 and 23 U.S.C. 138]. 4. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531–1544 and 1536]; Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)]; Migratory Bird Treaty Act (MBTA) [16 U.S.C. 703–712]; Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (106) [16 U.S.C. 470(f) et seq.]; Archaeological Resources Protection Act of 1977 (ARPA) [16 U.S.C. 470(aa)– 470(II)]; Archaeological and Historic Preservation Act (AHPA) [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 (Civil Rights) [42 U.S.C. 20009(d)–2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; VerDate Sep<11>2014 18:04 Oct 24, 2019 Jkt 250001 Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1377]; Coastal Barriers Resources Act (CBRA) [16 U.S.C. 3501 et seq.]; Coastal Zone Management Act (CZMA) [16 U.S.C. 1451–1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation, [23 U.S.C. 103(b)(6)(M) and 103(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001–4128]. 8. Executive Orders (E.O.): 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. 11593 Protection and Enhancement of Cultural Resources; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; 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: October 18, 2019. Karen M. Brunelle, Director, Office of Project Development, Federal Highway Administration, Tallahassee, Florida. [FR Doc. 2019–23243 Filed 10–24–19; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2019–0036] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on April 2, 2019, the Georgetown Loop Railroad (GLR) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR 230.112 (Wheels and tires) and § 230.113 (Wheels and tire defects) for one steam PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 57549 locomotive used in tourist/excursion service. FRA assigned the petition Docket Number FRA–2019–0036. Specifically, GLR requests relief from §§ 230.112 and 230.113 to allow Locomotive Number GLR 12 to be maintained to Baldwin Locomotive Works (BLW) standards for narrow-gage locomotives. GLR 12 was built in 1927, and is a 36-inch narrow gage locomotive. GLR 12 was used on a shortline in freight and passenger service until its retirement in the 1950s. It was subsequently sold to private individuals and moved to California to be used on various tourist/excursion trains. In the 1980s, a new boiler was installed and extensive repairs were made to the running gear. It was used frequently throughout the 1990s at the Silver Wood Amusement Park until its sale to the Colorado Historical Society in 2005 and was in service on GLR from 2005–2007. By letter on April 7, 2008, FRA brought GLR under the agency’s jurisdiction. During an inspection of the entire locomotive, it was determined that the inside gage (back-to-back spacing) exceeds the safety limits under 49 CFR 230.112(b). The actual width of the locomotive is 331⁄2 inches. The allowable range is 321⁄2 to 327⁄8 inches wide. The locomotive was built to BLW’s narrow-gage standards, which allow wider back-to-back dimensions and narrower flange widths for narrow gage engines. These alternate standard dimensions were primarily used in areas with prevalent sharp curves and poor track conditions. In addition to the wider back-to-back dimension used by Baldwin, a narrow flange width (new) that measures 11⁄2 inches is used versus the 13⁄4-inch flange, which is the standard Association of American Railroads narrow flange. GLR also seeks relief from § 230.113(g) regarding the minimum thickness of the tire’s flange. The requirement for condemning a flange for insufficient width is 15⁄16 of an inch based upon a new thickness of 13⁄4 inches. Because the new flange thickness on GLR 12’s flanges was 11⁄2 inches, GLR requests that the condemning limit for this locomotive be 13⁄16 of an inch based upon the reduced initial width. GLR states that it has safely operated this locomotive for several years without any wheel problems prior to coming under FRA’s jurisdiction. GLR believes that there is no practical way to modify the chassis components to comply with the regulatory requirements as the basic design of the locomotive’s brake and spring rigging and driving boxes will E:\FR\FM\25OCN1.SGM 25OCN1 57550 Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices not allow the driving tires and wheels to be significantly modified. 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. 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 parties desire an opportunity for oral comment and a public hearing, 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: • Website: http:// 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 November 25, 2019 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can 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 document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. VerDate Sep<11>2014 18:04 Oct 24, 2019 Jkt 250001 Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2019–23302 Filed 10–24–19; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2019–0034] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on April 11, 2019, Iowa Interstate Railroad, Ltd. (IAIS) 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 230, Steam Locomotive Inspection and Maintenance Standards. FRA assigned the petition Docket Number FRA–2019– 0034. Specifically, IAIS seeks relief from performing the fifth annual inspection as it pertains to the inspection of flexible staybolt caps every 5 years as required by 49 CFR 230.41(a), and it requests to extend the inspection interval to the tenth annual inspection. IAIS states it will perform all other inspections as required by 49 CFR 230.16, Annual inspection. IAIS’s justification for requesting this relief is that the current level of safety would be maintained due to the low number of service days accrued in these two engines (IAIS 6988 and 7018) since the last flexible staybolt cap inspections. There will be a significant cost savings as the IAIS shop forces would not be required to remove the cab, piping, jacketing, and insulation to gain access to the caps to perform the staybolt cap inspections. IAIS estimates that it would take three months and five full-time employees to perform each inspection at a significant cost. 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. 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 PO 00000 Frm 00169 Fmt 4703 Sfmt 9990 connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, 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: • Website: http:// 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 November 25, 2019 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can 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 document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2019–23301 Filed 10–24–19; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57549-57550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23302]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0036]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 2, 2019, the 
Georgetown Loop Railroad (GLR) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR 230.112 
(Wheels and tires) and Sec.  230.113 (Wheels and tire defects) for one 
steam locomotive used in tourist/excursion service. FRA assigned the 
petition Docket Number FRA-2019-0036.
    Specifically, GLR requests relief from Sec. Sec.  230.112 and 
230.113 to allow Locomotive Number GLR 12 to be maintained to Baldwin 
Locomotive Works (BLW) standards for narrow-gage locomotives. GLR 12 
was built in 1927, and is a 36-inch narrow gage locomotive. GLR 12 was 
used on a shortline in freight and passenger service until its 
retirement in the 1950s. It was subsequently sold to private 
individuals and moved to California to be used on various tourist/
excursion trains. In the 1980s, a new boiler was installed and 
extensive repairs were made to the running gear. It was used frequently 
throughout the 1990s at the Silver Wood Amusement Park until its sale 
to the Colorado Historical Society in 2005 and was in service on GLR 
from 2005-2007.
    By letter on April 7, 2008, FRA brought GLR under the agency's 
jurisdiction. During an inspection of the entire locomotive, it was 
determined that the inside gage (back-to-back spacing) exceeds the 
safety limits under 49 CFR 230.112(b). The actual width of the 
locomotive is 33\1/2\ inches. The allowable range is 32\1/2\ to 32\7/8\ 
inches wide. The locomotive was built to BLW's narrow-gage standards, 
which allow wider back-to-back dimensions and narrower flange widths 
for narrow gage engines. These alternate standard dimensions were 
primarily used in areas with prevalent sharp curves and poor track 
conditions. In addition to the wider back-to-back dimension used by 
Baldwin, a narrow flange width (new) that measures 1\1/2\ inches is 
used versus the 1\3/4\-inch flange, which is the standard Association 
of American Railroads narrow flange.
    GLR also seeks relief from Sec.  230.113(g) regarding the minimum 
thickness of the tire's flange. The requirement for condemning a flange 
for insufficient width is \15/16\ of an inch based upon a new thickness 
of 1\3/4\ inches. Because the new flange thickness on GLR 12's flanges 
was 1\1/2\ inches, GLR requests that the condemning limit for this 
locomotive be \13/16\ of an inch based upon the reduced initial width. 
GLR states that it has safely operated this locomotive for several 
years without any wheel problems prior to coming under FRA's 
jurisdiction. GLR believes that there is no practical way to modify the 
chassis components to comply with the regulatory requirements as the 
basic design of the locomotive's brake and spring rigging and driving 
boxes will

[[Page 57550]]

not allow the driving tires and wheels to be significantly modified.
    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.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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:
     Website: http://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 November 25, 2019 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable. Anyone can 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 document, if submitted on behalf of an association, 
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its processes. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-23302 Filed 10-24-19; 8:45 am]
 BILLING CODE 4910-06-P