Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Notices 64625

hearing. No formal scoping meeting is 

planned at this time. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited form all interested parties. 

Comments or questions concerning this 

proposed action and the EIS should be 

directed to the FHWA at the address 

provided above.

(Catalog of the 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)

Issued on October 28, 2004. 

Victoria Peters, 

Director, Office of Engineering Operations, 

Federal Highway Administration, Columbus, 

Ohio.

[FR Doc. 04–24751 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Association of American Railroads 

[Docket Number FRA–2004–19402] 

The Association of American 

Railroads (AAR) and the Railway 

Supply Institute (RSI), on behalf of their 

member companies, seeks a permanent 

waiver of compliance from the 

requirements of Title 49 Code of Federal 

Regulations (CFR) § 232.205(b)(5) Class 

I Brake Test—Initial terminal inspection

regarding minimum piston travel. This 

waiver is necessary to allow a minimum 

piston travel of six (6) inches, rather 

than the current requirement of seven 

(7) inches for cars equipped with eight 

and one half (8.5) inch or ten (10) inch 

diameter brake cylinders. Technical 

data supporting this request was 

submitted to FRA for review. By 

granting this wavier, it would provide 

consistency with the braking systems 

practice used in Canada which permits 

a minimum piston travel of six (6) 

inches, per Section 22.1 of Train Brake 

Rules, Rule 22, Transport Canada. 

By granting this waiver, no special 

markings or decals would be necessary, 

as all cars not covered by this waiver are 

required to have the permissible range 

of piston travel stencilled or marked on 

the car or badge plate. Therefore, six (6) 

to nine (9) inches would be the default 

range for piston travel absent a decal or 

marking to the contrary. 

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–2004–

19402) and must be submitted in 

triplicate to the Docket Clerk, DOT 

Central Docket Management Facility, 

Room Pl–401, Washington, DC 20590–

0001. Communications received within 

30 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 DOT 

Central Docket Management Facility, 

Room Pl–401 (Plaza Level), 400 Seventh 

Street SW., Washington. All documents 

in the public docket are also available 

for inspection and copying on the 

Internet at the docket facility’s Web site 

at http://dms.dot.gov.

Anyone is able to search the 

electronic form of all 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 19377–78). The 

statement may also be found at http://

dms.dot.gov.

Issued in Washington, DC on November 1, 

2004. 

Grady C. Cothen, Jr., 

Acting Associate Administrator for Safety.

[FR Doc. 04–24771 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with title 49 CFR 211.9 

and 211.41, notice is hereby given that 

the Florida East Coast Railway, L.L.C. 

(FEC) has petitioned the Federal 

Railroad Administration (FRA) for 

renewal of its existing exemption for a 

waiver of compliance with a 

requirement of its safety standards. The 

FEC petition is described below, 

including the regulatory provisions 

involved, and the nature of the relief 

being requested. 

Florida East Coast Railway, L.L.C. 

(FEC) 

[Docket Number FRA–2004–19391] 

FEC requests a renewal of its existing 

waiver (FRA Docket Number HS–98–02) 

to continue the use of their ‘‘Paperless 

Time Ticket Program’’ to produce an 

electronic record of train and engine 

employee hours of duty in lieu of 

manually signed paper records. 

The existing FEC waiver, which 

expires in February 4, 2005, grants relief 

from Title 49 Code of Federal 

Regulations (CFR) Part 228.9(a)(1) for 

the railroad to utilize its computerized 

system of recording hours of duty data. 

Part 228.9(a)(1) requires that records 

maintained under Part 228 be signed by 

the employee whose time is being 

recorded, or in the case of train and 

engine crews, signed by the ranking 

crew member. The FEC seeks to utilize 

its secure computerized program of 

recording hours of duty information 

which would not comply with the above 

requirements for a ‘‘signature’’ of the 

employee or ranking crew member 

without renewed waiver authority. In 

the current FEC waiver approved 

program, each of the railroad’s train and 

engine employees has his or her own 

unique identification number and 

personal identification number (PIN). 

The PIN will remain confidential to the 

employee. When accessing the 

computer for input of the hours of duty 

record, required by § 228.11, the (PIN) 

does not appear on the computer screen 

when the employee enters his or her 

number. All data entered under access 

gained through use of the confidential 

PIN will be electronically stamped with 

the entering employee’s name along 

with the date and time of entry. The 

program will display the entering 

employee’s electronic signature, date 

and time of entry on the employee’s 

hours of duty record. The FEC requests 

that the existing waiver authority be 

continued to use the electronic stamp to 

64626 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Notices 

satisfy the signature requirements of the 

‘‘Hours of Service of Railroad 

Employees.’’ The railroad maintains that 

the renewal is in the best interests of all 

parties, in that, it will continue to 

reduce unnecessary paperwork and the 

costs associated therewith while 

providing the railroads, its employees 

and the FRA with a superior level of 

information on a more timely than 

signed paper records. 

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 of their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (FRA–2004–

19391) and must be submitted to the 

Docket Clerk, DOT Docket Management 

Facility, Room PL–401 (Plaza Level), 

400 7th Street, SW., Washington, DC 

20590. 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

http://dms.dot.gov.

Anyone is able to search the 

electronic form of all 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). The 

Statement may also be found at http://

dms.dot.gov.

Issued in Washington, DC on November 1, 

2004. 

Grady C. Cothen, Jr., 

Acting Associate Administrator for Safety.

[FR Doc. 04–24769 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with part 211 of title 49 

Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Mount Rainier Scenic Railroad (MRSR) 

(Waiver Petition Docket Number FRA–

2004–19102) 

The Mount Rainier Scenic Railroad 

(MRSR) seeks a waiver of compliance 

from certain provisions of the Safety 

Glazing Standards, 49 CFR part 223, 

which requires certified glazing in all 

windows. This request is for one 

Southern Pacific Caboose, number 1751. 

The caboose was built in November of 

1956. The railroad is in the process of 

restoring the caboose. When it is 

complete, it will be used only in 

excursion services and for display 

purposes. 

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–2004–

19102) and must be submitted to the 

Docket Clerk, DOT Docket Management 

Facility, Room PL–401 (Plaza Level), 

400 7th Street, SW., Washington, DC 

20590. 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

http://dms.dot.gov. 

Anyone is able to search the 

electronic form of all 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). The 

Statement may also be found at http://

dms.dot.gov.

Issued in Washington, DC on November 1, 

2004. 

Grady C. Cothen, Jr., 

Acting Associate Administrator for Safety.

[FR Doc. 04–24767 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Union Pacific Railroad Company 

(Waiver Petition Docket Number FRA–

2004–19199) 

The Union Pacific Railroad Company 

(UP) seeks a waiver of compliance from 

certain provisions of 49 CFR part 232, 

Brake System Safety Standards for 

Freight and Other Non-Passenger Trains 

and Equipment. Specifically, § 232.215, 

Transfer Train Brake Tests and 

§ 232.103(e), which requires at least 

85% of a train’s brakes to be operative 

when moving defective equipment in a 

train. This relief would apply for the 

movement of ‘‘bad order’’ cuts of cars 

from UP’s former 18th Street Yard to 

UP’s former Armstrong Yard in Kansas 

City, Kansas. 

UP contends that the yard in question 

consists of one large end-to-end yard, 

which was historically considered 

separate yards—the former 18th Street 

Yard and the former Armstrong Yard. 

Both yards are contiguous and are 

connected by yard tracks, as well as a 

main line track. For purposes of clarity, 

the historical names of the two former 

yards will be used in this waiver.