19518 Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Notices 

during this period. In making a waiver 

determination, the FAA will consider a 

significant number of cancellations 

during those periods because of weather 

at a destination airport. 

FAA Decision 

In consideration of the foregoing, 

ATA’s request for a grant of waiver is 

DENIED. Carriers who were uniquely 

affected by winter weather during 

January and February 2011 may request 

a limited grant of waiver. However, any 

request must detail the hardship caused 

by the snowstorms and demonstrate that 

hardship was not caused or exacerbated 

by underutilization of allocated slots. 

The FAA will carefully consider these 

individual requests for waiver. 

Issued in Washington, DC on March 28, 

2011. 

J. David Grizzle, 

Chief Counsel. 

[FR Doc. 2011–8281 Filed 4–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent to Rule on Request To 

Release Airport Property at the 

Northeast Philadelphia Airport (PNE), 

Philadelphia, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of request to release 

airport property. 

SUMMARY: The FAA proposes to rule and 

invite public comment on the release of 

land at the Northeast Philadelphia 

Airport, Philadelphia, Pennsylvania 

under the provisions of Section 47125(a) 

of Title 49 United States Code (U.S.C.). 

DATES: Comments must be received on 

or before May 9, 2011. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

to the following address: Joseph F. 

Messina, Divisional Deputy City 

Solicitor, City of Philadelphia Law 

Department, Transportation Division, 

One Parkway, 1515 Arch Street, 

Philadelphia, PA 19102–1595 and at the 

FAA Harrisburg Airports District Office: 

Lori K. Pagnanelli, Manager, Harrisburg 

Airports District Office, 3905 Hartzdale 

Dr., Suite 508, Camp Hill, PA 17011. 

FOR FURTHER INFORMATION CONTACT: Lori 

Ledebohm, Community Planner, 

Harrisburg Airports District Office 

location listed above. 

The request to release property may 

be reviewed in person at this same 

location. 

SUPPLEMENTARY INFORMATION: The FAA 

invites public comment on the request 

to release property at the Northeast 

Philadelphia Airport under the 

provisions of Section 47125(a) of Title 

49 U.S.C. On March 28, 2011, the FAA 

determined that the request to release 

property at the Northeast Philadelphia 

Airport submitted by the City of 

Philadelphia (City) met the procedural 

requirements. 

The following is a brief overview of 

the request: 

The City requests the release of real 

property, totaling 3.5 acres, of 

aeronautical airport property, to Biagio 

DeSimone. The land was originally 

purchased with City funds in 1945. The 

purpose of the release is to sell the land 

that was airport property to Biagio 

DeSimone, the current tenant. The 

property is located at 11295 E. Roosevelt 

Boulevard. The Parcel is currently 

leased to a tenant operating as a 

dealership and is improved with a 6,225 

square foot building being used by the 

tenant in the operation of its automobile 

dealership and a gravel parking lot for 

customers of the dealership. The Parcel 

is not contiguous to the area being 

operated as the Northeast Philadelphia 

Airport. The subject land does not serve 

an aeronautical purpose and is not 

needed for airport development, as 

shown on the Airport Layout Plan. All 

proceeds from the sale of property are 

to be used for the capital development 

of the airport. Fair Market Value (FMV) 

will be obtained from the land sale and 

reinvested back in the airport. 

Any person may inspect the request 

by appointment at the FAA office 

address listed above. Interested persons 

are invited to comment on the proposed 

release from obligations. All comments 

will be considered by the FAA to the 

extent practicable. 

Issued in Camp Hill, Pennsylvania, April 1, 

2011. 

Lori K. Pagnanelli, 

Manager, Harrisburg Airports District Office. 

[FR Doc. 2011–8268 Filed 4–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2011–01 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Safety Advisory; 

equipment fouling adjacent tracks. 

SUMMARY: FRA is issuing Safety 

Advisory 2011–01 to remind each 

railroad and railroad employees of the 

importance of compliance with Federal 

regulations and railroad operating rules 

regarding rolling equipment being left in 

a location that is clear of any adjacent 

tracks. This safety advisory contains 

various recommendations to railroads to 

ensure that this issue is addressed by 

appropriate policies and procedures, 

and receives employee compliance. 

FOR FURTHER INFORMATION CONTACT: Ron 

Hynes, Director, Office of Safety 

Assurance and Compliance, Office of 

Railroad Safety, FRA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

telephone (202) 493–6404; or Joseph St. 

Peter, Trial Attorney, Office of Chief 

Counsel, FRA, 1200 New Jersey Avenue, 

SE., Washington, DC 20590, telephone 

(202) 493–6047. 

SUPPLEMENTARY INFORMATION: The 

overall safety of railroad operations in 

the area of equipment securement and 

protection has improved in recent years. 

However, two recent fatal incidents 

highlight the need to review and adhere 

to existing Federal regulations and 

railroad operating rules pertaining to 

rolling equipment being left in a 

location that is clear of any adjacent 

tracks. 

On May 18, 2005, the Railroad Safety 

Advisory Committee (RSAC) authorized 

the RSAC Operating Rules Working 

Group to address eight human factors 

(HF) train accident report cause codes 

that were attributed to nearly half (47 

percent) of all HF-caused train accidents 

nationwide. On February 13, 2008, FRA 

published a final rule addressing those 

HF causes, which was codified at Title 

49 Code of Federal Regulations (CFR) 

Part 218, Subpart F (Subpart F). Two of 

those eight HF cause codes, H301 and 

H302, were designated for rolling 

equipment left out to foul. From 2005 to 

2010, HF-caused train accidents, 

attributed to these two cause codes, 

were reduced by 66 percent. 

Unfortunately, despite that overall 

improvement, the rail industry 

experienced two recent railroad 

employee fatalities that appear to have 

been related to equipment being left in 

a location where it fouled an adjacent 

track. 

Recent Incidents 

The following is a discussion of the 

circumstances surrounding two recent 

fatal incidents, and is based only on 

FRA’s preliminary investigations. The 

incidents are still under investigation by 

FRA. The causes and contributing 

factors, if any, have not yet been 

established. Therefore, nothing in this 

safety advisory is intended to attribute 

a cause to the incidents or place 

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Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Notices 19519 

responsibility for the incidents on the 

acts or omissions of any person or 

entity. 

Two railroad employees, while each 

riding the side of rolling equipment to 

protect a shoving movement, were 

fatally injured (in separate incidents) 

when the equipment they were riding 

struck other equipment that was left out 

to foul. A common factor in both 

accidents was that the equipment was 

left in a location where it fouled an 

adjacent track by the very employees 

who were involved in the incidents. 

The first incident occurred on 

September 2, 2010, in Bridgeport, New 

Jersey, when a conventional two-person 

switching crew was shoving rolling 

equipment into an industrial facility. 

The locomotive engineer was in the 

locomotive control compartment and 

the conductor was positioned on the 

leading end of a tank car directing the 

shoving move. The conductor had one 

foot on the end platform and the other 

on the side ladder tread as he began to 

pass a tank car that he had spotted at 

that location the previous day. 

Unfortunately, the car had been left in 

the foul of the adjacent track and the 

cars struck each other; the conductor 

sustained fatal injuries. 

The second incident occurred on 

February 8, 2011, in Kankakee, Illinois. 

A conventional switching crew that 

consisted of a conductor, engineer, and 

a conductor-in-training was switching 

cars on a switching lead track and using 

various other yard tracks. The crew had 

left a car on one of the yard tracks in 

a location where it was in the foul of an 

adjacent track. Shortly thereafter, the 

conductor and conductor-in-training 

boarded opposite sides of the leading 

end of a gondola car and began a 

shoving movement. Subsequently, the 

side of the gondola on which the 

conductor was riding struck the car that 

was previously left in the foul of the 

adjacent track. The conductor was 

crushed between the two cars and 

sustained fatal injuries. 

Although the preponderance of 

incidents involving equipment that is 

left in the foul of an adjacent track 

fortunately only result in railroad 

property damage, the potential for 

injury or death in such instances is 

always present. By issuing this safety 

advisory, FRA is reminding all 

stakeholders of the importance of 

situational awareness and compliance 

with all applicable operating and safety 

rules, particularly those related to 

leaving rolling equipment in a location 

that is clear of adjacent tracks. 

FRA Action: Despite the significant 

reduction in train accidents caused by 

equipment being left in the foul of an 

adjacent track, a review of FRA’s 

inspection data relative to 49 CFR 

218.101 indicates a disturbing trend. 

From calendar year (CY) 2009 to CY 

2010, violations of 49 CFR 218.101 

recommended for prosecution by FRA 

inspectors increased 124 percent. Based 

on the results of inspection data for the 

first 2 months of 2011, if trends 

continue, violations recommended for 

prosecution in 2011 versus 2010 would 

increase by an additional 81 percent. 

Whether the increase in violations is 

due to greater vigilance by FRA or is 

due to an actual increase in the number 

of instances where equipment is being 

left in such locations, FRA intends to 

ensure that railroads take necessary 

steps to prevent and reduce the 

potential trend indicated by the 

statistics noted above. 

Over the next several months, FRA 

intends to increase its inspection 

activity to focus on compliance with 

railroad operating rules that address all 

of the requirements contained in 

Subpart F. Particular emphasis will be 

placed on the requirements contained in 

49 CFR 218.101. FRA will also focus its 

inspection efforts on railroad 

operational testing activity, particularly 

as it relates to Subpart F. FRA strongly 

encourages railroad industry members 

to reemphasize the importance of 

leaving equipment in the clear as 

frequently as possible, and to take such 

other actions as may help ensure safety 

on the Nation’s railroads. 

Recommended Railroad Action: In 

light of the recent accidents discussed 

above, and in an effort to maintain the 

safety of railroad employees on the 

Nation’s rail system, FRA recommends 

that railroads: 

(1) Review with employees the 

circumstances of the two most recent 

fatal incidents; 

(2) Reinstruct supervisors and 

employees on the operating and safety 

rules applicable to leaving rolling 

equipment in a location that is clear of 

adjacent tracks. Particular emphasis 

should be placed on the procedures that 

enable employees to identify clearance 

points and the means to identify 

locations where clearance points will 

not permit a person to safely ride on the 

side of a car; 

(3) Increase operational testing on 

those operating and safety rules that 

pertain to leaving rolling equipment in 

a location that is clear of adjacent tracks; 

and 

(4) Review current job briefing 

procedures among coworkers and 

determine if the procedures are 

sufficient to encourage more effective 

communication regarding switching 

activities, specifically as the procedures 

relate to the positioning of rolling 

equipment so that the equipment is in 

a location that is clear of adjacent tracks. 

FRA encourages railroad industry 

members to take action that is consistent 

with the preceding recommendations 

and to take other actions to help ensure 

the safety of the Nation’s railroad 

employees. FRA may modify this Safety 

Advisory 2011–01, issue additional 

safety advisories, or take other 

appropriate action necessary to ensure 

the highest level of safety on the 

Nation’s railroads, including pursing 

other corrective measures under its rail 

safety authority. 

Issued in Washington, DC, on April 1, 

2011. 

Jo Strang, 

Associate Administrator for Railroad Safety/ 

Chief Safety Officer. 

[FR Doc. 2011–8232 Filed 4–6–11; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Intent To Prepare an Environmental 

Impact Statement for the Downtown 

San Francisco Ferry Terminal 

Expansion Project in the City and 

County of San Francisco, CA 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of intent to prepare an 

environmental impact statement (EIS). 

SUMMARY: The FTA, as the lead Federal 

agency, and the San Francisco Bay Area 

Water Emergency Transportation 

Authority (WETA) are planning to 

prepare an EIS for the proposed 

expansion and improvements to the 

Downtown San Francisco Ferry 

Terminal at the Port of San Francisco 

Ferry Building. The proposed project 

would serve commuters, visitors, and 

recreational users desiring an alternative 

way to cross San Francisco Bay, and 

reach nearby employment, 

entertainment, and recreational 

destinations in San Francisco. The 

project expands the number of ferry 

gates and improves ferry patron 

circulation, boarding, and wayfinding in 

and around the Ferry Building. In 

addition, the project enhances 

emergency response capabilities to 

evacuate people from San Francisco 

and/or mobilize first responders to San 

Francisco via ferries if a catastrophic 

event occurs. The EIS will be prepared 

in accordance with Section 102(2)C of 

the National Environmental Policy Act 

of 1969 (NEPA) and pursuant to the 

Council on the Environmental Quality’s 

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