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Federal Register / Vol. 70, No.

139 / Thursday, July 21, 2005 / Notices 42139

area also contains stable and cohesive DEPARTMENT OF TRANSPORTATION leakage from one rail to the next rail)
populations of minority and low-income will not result in a signal failure. This
residents, which will lead to the Federal Railroad Administration phase one test will remain in track for
consideration of environmental justice six months prior to moving to the next
impacts. Petition for Waiver of Compliance test phase.
Alternatives under consideration In accordance with part 211 of title 49 Monitoring—During this test phase,
include the no action, transportation Code of Federal Regulations (CFR), the IJ will be monitored for rail
system management (TSM)/travel notice is hereby given that the Federal movement (all three directions) and
demand management (TDM), new Railroad Administration (FRA) received current isolation. If the IJ restrains the
arterial roadway, existing arterial a request for a waiver of compliance rail movement and current does not
improvement, and transit alternatives. with certain requirements of its safety pass from one rail to the next rail, the
The mode, project type, location, and standards. The individual petition is next test phase will be initiated. This
length of the alternatives evaluated will first test IJ will be left in the yard track
described below, including the party
be identified based on the results of and will continue to be monitored after
seeking relief, the regulatory provisions
alternative studies. the initial six-month period. The IJ will
involved, the nature of the relief being
The scoping process undertaken as remain in-track until it fails, or if it
requested, and the petitioner’s
part of this proposed project will performs successfully in service for a
arguments in favor of relief.
include distribution of a scoping minimum of one year, BNSF and Omega
information packet, coordination with Burlington Northern Santa Fe (BNSF) may option to move it to a signaled
appropriate Federal, State and local Railway Company track segment in FRA Class 1 or 2 track.
agencies, including an agency scoping 2. A second IJ will be installed in a
[Docket Number FRA–2005–21359]
meeting to be held on September 7, Class 1 speed main track at a location
Burlington Northern Santa Fe (BNSF) that has a signalrequirement. This test IJ
2005, at 1 p.m. at the St. Etienne Railway Company seeks a waiver of
Conference Room in the Armory will remain in track for a minimum of
compliance from certain provisions of six months prior to moving to a third
Building at 602 Robert D. Ray Drive, Des Title 49 of the CFR, part 213, Track
Moines, Iowa 50309. A study group test phase.
Safety Standards. Specifically, BNSF Monitoring—During this test phase
comprised of local officials, seeks relief from the requirements of the IJ will be monitored for rail
environmental organizations, and other Section 213.121–Rail Joints, which movement (all three directions) and
community interest groups has been prescribe the requirements for rail current isolation. If the IJ restrains the
established to provide input during the joints, including standard joints, rail movement and current does not
development of the purpose and need insulated joints (IJ), and compromise pass from one rail to the next rail, then
and alternative analyses. joints. the IJ would be graduated to the next
To help ensure that a full range of BNSF, in conjunction with Omega test phase. This second IJ will remain in
issues related to this proposed project Industries of Vancouver, WA, is track and continue to be monitored after
are identified and all substantive issues developing a new generation of IJ, and the initial minimum six-month period.
are addressed, a comprehensive public seeks a waiver in order to permit field 3. A third IJ will be installed after
involvement program has been devised. testing of this new design. This new successful completion of the first phase
It includes meetings with advisory design differs from typical accepted IJ and second phase tests. The third phase
committees, resource agencies, local construction because it does not utilize test will be conducted at a signal
officials, and interest groups; public a continuous angle bar. Instead, the location in Class 2 speed track. This test
informational meetings and workshops; design calls for the running rail on each IJ will remain in track until the joint
newsletters; and focus groups. Public side being attached to a large fails. If the third phase test joint exceeds
notice will be given of the time and interlocking bearing and shaft that is what is deemed the average life of
place of all public meetings and the cast into an H-shaped concrete tie that conventional insulated joints, currently
public hearing. The Draft EIS will be uniformly distributes loads to the approximately 250–350 MGT, BNSF and
available for public review and ballast. The principal advantage of this Omega will propose the installation of
comments and suggestions are invited design is that it provides for a large additional joints. When the test IJ are
from all interested parties. bearing surface that uses the entire rail removed from track due to failure, they
Comments or questions concerning base resting on conventional concrete will be sent back to the manufacturer for
this proposed project and the EIS tie pads to distribute vertical loading. examination to determine the cause of
should be directed to the FHWA, Iowa The manufacturer and BNSF offer other the failure.
Department or Transportation, or City of advantages of such a design to include: Interested parties are invited to
Des Moines at the addresses provided Delrin plastic in place of a traditional participate in these proceedings by
above. fiberglass endpost, vertical movement is submitting written views, data, or
(Catalog of Federal Domestic Assistance further restricted by a vertically comments. FRA does not anticipate
Program Number 20.205, Highway Planning positioned bolt system, no need for scheduling a public hearing in
and Construction. The regulations messy and toxic epoxy/glue substances, connection with these proceedings since
implementing Executive Order 12372 rails can easily be replaced without the facts do not appear to warrant a
regarding intergovernmental consultation on removing the joint, allowing correction hearing. If any interested party desires
Federal programs and activities apply to this
program)
of a rail failure without necessarily an opportunity for oral comment, they
(Authority: 23 U.S.C. 315; 49 CFR 1.48) replacing the entire IJ. should notify FRA, in writing, before
BNSF Railway Company offers the the end of the comment period and
Dated: June 15, 2005. following testing plan: specify the basis for their request.
Gerald L. Kennedy, 1. The initial IJ will be installed in a All communication concerning these
Acting Division Administrator, FHWA, Iowa yard location (FRA Class 1 speed) on a proceedings should identify the
Division. non-signaled track segment. Any design, appropriate docket number (e.g., Waiver
[FR Doc. 05–14377 Filed 7–20–05; 8:45 am] construction, or installation Petition Docket Number FRA–2005–
BILLING CODE 4910–22–P shortcomings (in this case, current 21359) and must be submitted to the

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42140 Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Notices

Docket Clerk, DOT Docket Management paragraph of the May 2, 2005 Decision All communication concerning these
Facility, Room PL–401 (Plaza Level), Letter: proceedings should identify the
400 7th Street, SW., Washington, D.C. ‘‘Phase 1: HARTLine will have its appropriate docket number (e.g., Waiver
20590. Communications received within streetcars continue to be required to stop at Petition Docket Number FRA–2002–
30 days of the date of this notice will the signal regardless of indication, with 13398) and must be submitted to the
be considered by FRA before final motorman announcing their intention to Docket Clerk, DOT Docket Management
action is taken. Comments received after cross on a proceed (green) signal indication Facility, Room PL–401 (Plaza Level),
that date will be considered as far as via radio to the HARTLine Rail Dispatcher in 400 7th Street, SW., Washington, DC
lieu of the CSXT flagman. The Rail
practicable. All written communications Dispatcher, via newly installed Remote
20590. Communications received within
concerning these proceedings are Monitoring System cameras, would then 30 days of the date of this notice will
available for examination during regular confirm the signal indication and grant be considered by FRA before final
business hours (9 a.m.–5 p.m.) at the permission to cross if the signal indication action is taken. Comments received after
above facility. allows. The motorman would then recheck that date will be considered as far as
All documents in the public docket the signal; again confirm an appropriate practicable. All written communications
are also available for inspection and signal indication to the Rail Dispatcher via concerning these proceedings are
radio, and cross the interlock. The HARTLine available for examination during regular
copying on the Internet at the docket Rail Dispatcher would not control or
facility’s Web site at http://dms.dot.gov. communicate with CSXT train engineers or business hours (9 a.m.–5 p.m.) at the
Issued in Washington, DC on July 13, 2005. make any representations of the signals above facility. All documents in the
aspect. The HARTLine Rail Dispatcher will public docket are also available for
Grady C. Cothen, Jr.,
notify CSXT in Jacksonville, Florida, inspection and copying on the Internet
Deputy Associate Administrator for Safety immediately by telephone of any at the docket facility’s Web site at
Standards and Program Development. irregularities in the signaling system.’’ http://dms.dot.gov.
[FR Doc. 05–14342 Filed 7–20–05; 8:45 am]
HARTLine requests that the paragraph Issued in Washington, DC, on July 13,
BILLING CODE 4910–06–P
be amended to read as follows: 2005.
‘‘Phase 1: HARTLine will have its Grady Cothen, Jr.,
DEPARTMENT OF TRANSPORTATION streetcars continue to be required to stop at Deputy Associate Administrator for Safety
the signal regardless of indication, with Standards and Program Development.
Federal Railroad Administration motorman announcing their intention to [FR Doc. 05–14341 Filed 7–20–05; 8:45 am]
cross on a proceed (green) signal indication
via radio to the HARTLine Rail Dispatcher in BILLING CODE 4910–06–P
Petition for Waiver of Compliance
lieu of the CSXT flagman. The Rail
In accordance with part 211 of title 49 Dispatcher then confirms the transmission
from the motorman that he/she has checked DEPARTMENT OF TRANSPORTATION
Code of Federal Regulations (CFR), the indication of the signal, and is following
notice is hereby given that the Federal its instructions. The motorman would then Federal Railroad Administration
Railroad Administration (FRA) received recheck the signal; again confirm an
a request for a waiver of compliance appropriate signal indication to the Rail Petition for Waiver of Compliance
with certain requirements of its safety Dispatcher via radio, and cross the interlock.
standards. The individual petition is The HARTLine Rail Dispatcher would not In accordance with part 211 of Title
described below, including the party control or communicate with CSXT train 49 Code of Federal Regulations (CFR),
engineers or make any representations of the notice is hereby given that the Federal
seeking relief, the regulatory provisions
signals aspect. The HARTLine Rail
involved, the nature of the relief being Dispatcher will notify CSXT in Jacksonville,
Railroad Administration (FRA) received
requested, and the petitioner’s Florida, immediately by telephone of any a request for a waiver of compliance
arguments in favor of relief. irregularities in the signaling system.’’ with certain requirements of its safety
standards. The individual petition is
Hillsborough Area Regional Transit HARTLine is asking the FRA to
described below, including the party
modify the language of the waiver in
[Docket Number FRA–2002–13398] seeking relief, the regulatory provisions
order to reinforce the aspect of the
This notice supercedes the Federal involved, the nature of the relief being
failsafe CSXT signal only is used to
Register notice, Vol. 70, No. 118, issued requested, and the petitioner’s
control regular crossings, and ensure no
June 21, 2005, at 35771, concerning the arguments in favor of relief.
misinterpretation that the Remote
above docket number which was issued Monitoring System cameras or verbal Hiwassee River Railroad Co.
in error. permission from the Rail Dispatcher are [Waiver Petition Docket Number FRA–2001–
In its decision letter dated May 2, approved crossing devices. 21181]
2005, the FRA Railroad Safety Board Concurrently, HARTLine also is asking
granted Hillsborough Area Regional FRA to remove a minor typographic The Hiwassee River Railroad Co.
Transit (HARTLine) a waiver extension error that is present in the Decision (HRRC), seeks a waiver of compliance
to include the original terms and Letter. from Certain provisions of the Safety
conditions of its Shared Use/ Limited Interested parties are invited to Glazing Standards, title 49, CFR 223.11,
Connection Waiver, and incorporated participate in these proceedings by Requirements for Existing Locomotives
changes to the operating plan for a submitting written views, data, or for one locomotive. The HRRC is located
period of one year (for the duration of comments. FRA does not anticipate in Copperhill, TN. The HRRC states that
Phase 1 operating procedures). FRA will scheduling a public hearing in they operate a non-common carrier
consider granting HARTLine a five year connection with these proceedings since between Copperhill, TN and Etowah,
extension (with proposed Phase 2 the facts do not appear to warrant a TN. Locomotive Number 108 will
procedures implemented) after hearing. If any interested party desires operate almost exclusively within yard
reviewing the results of the Phase 1 an opportunity for oral comment, they and industrial plant at Copperhill, TN.
operation. HARTLine now seeks a should notify FRA, in writing, before The HRRC claims that locomotive 108
modification to this waiver and requests the end of the comment period and is presently equipped with shatterproof
a change in the verbiage of the following specify the basis for their request. glazing, similar to FRA glazing, of the

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