76516 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Notices 

dB(A) and greater contour; County 

Airport Administration to provide an 

airport noise impact boundary 

identification as means to monitor new 

land use proposals and ensure the 

[Airport Land Use Plan] ALUP is 

enforced; Encourage pilots to ‘‘Fly 

Friendly’’; Encourage flight training 

schools to train pilots to ‘‘Fly Friendly’’; 

Continually publicize RHV complaint 

Hotline; Install noise monitors in the 

RHV environs to measure and compare 

unusual or high level noise aircraft 

events with voice recorder system; 

Install a radar collection system to 

match aircraft noise events to radar 

tracks; Establish an Airport/Airport 

user/Community Noise committee after 

noise monitor and radar collection 

system are in place to discuss issues on 

a quarterly basis; Create a position at 

RHV to focus on noise abatement and 

compliance programs and to investigate 

noise complaints; Update the RHV Part 

150 Study NEM and NCP within five 

years of FAA Approval; Update and 

distribute the pilot noise handout with 

the FAA approved noise abatement 

measures; Revise the noise abatement 

signs to reflect the FAA Approved noise 

abatement measures; Maintain 

information about RHV’s noise 

abatement program on the County’s Web 

site.

The FAA has approved in part and 

disapproved in part, the following two 

land use management elements for the 

purposes of FAR Part 150: A County 

purchase assurance program that 

guarantees to noise-impacted property 

owners the County would provide 

opportunities for noise sensitive 

residences to relocate while maintaining 

the stability of the neighborhood; and 

Implement public land use development 

criteria to provide policy guidance for 

development of public uses within the 

2002 CNEL 60dB(A) and greater 

contours. The FAA has approved in part 

for study and disapproved in part for 

construction, pending submission of 

additional information to demonstrate a 

noise benefit, one land use management 

element. The partial approval is limited 

to evaluation of study information of the 

noise benefit of the construction of 

sound buffers/barriers to provide noise 

level reduction for residential areas 

immediately adjacent to Reid-Hillview 

Airport. 

The FAA disapproved 9 of the 

specific program measures for the 

purposes of Part 150. The disapproved 

measures included such items as: 

Voluntary limitation on aircraft 

departures to specific times; Voluntary 

limitation on aircraft touch-and-go 

operations to specific days and times; 

Prohibit intersection departures; Restrict 

Jet Operations to FAR Part 36 Stage 3 

jets; Prohibit formation arrivals and 

departures; Prohibit simulated 

emergencies; Prohibit low-level fly-bys 

except for emergency requirements; 

Encourage pilots to modify aircraft to 

decrease noise emissions; 

Soundproofing existing single-family 

development within the 2002 CNEL 60–

65 dB(A) contour area. 

The FAA has taken no action on one 

noise abatement measure for the 

purposes of Part 150: Revise flight track 

for aircraft departing Runway 31R 

(modify the Quiet One departure flight 

track) measure. The measure relates to 

flight procedures under 49 U.S.C. 

47504(b) and will require additional 

documentation to make a determination. 

Additional analysis and communication 

between the airport operator, the FAA 

Western-Pacific Air Traffic Division, 

and the local Airport Traffic Control 

Tower management is required. 

These determinations are set forth in 

detail in the Record of Approval signed 

by the Associate Administrator for 

Airports on November 3, 2004. The 

Record of Approval, as well as other 

evaluation materials and the documents 

comprising the submittal, are available 

for review at the FAA office listed above 

and at the administrative offices of the 

Santa Clara County. The Record of 

Approval also will be available on-line 

at: http://www.faa.gov/arp/

environmental/14cfr150/index14.cfm.

Issued in Hawthorne, California on 

December 8, 2004. 

Mia Paredes Ratcliff, 

Acting Manager, Airports Division, WesternPacific Region, AWP–600.

[FR Doc. 04–27823 Filed 12–20–04; 8:45 am] 

BILLING CODE 4910–13–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. 

New York Airbrake Corporation 

[Waiver Petition Docket Number FRA–

2000–7367] 

The New York Air Brake Corporation 

(NYAB) seeks modification of the 

existing waiver FRA–2000–7367 

(formerly H–95–3) to include its new 

CCB–26 electronic airbrake system. The 

existing waiver, which was first granted 

on September 13, 1996, extended the 

interval for cleaning, repairing, and 

testing pneumatic components of the 

NYAB Computer Controlled Brake 

(CCB, now referred to as CCB–I) 

locomotive air brake system under 49 

CFR 229.27(a)(2) and 49 CFR 229.29(a) 

from 736 days to 5 years. This waiver 

was modified to include NYAB’s CCB–

II electronic air brake system on August 

20, 1998. Based on successful 

performance of the two NYAB 

electronic air brake systems under the 

conditions of the 1996 and 1998 

waivers, the waiver was extended for 

another five years on September 10, 

2001 and the conditions of the waiver 

were modified on September 22, 2003. 

NYAB describes the new CCB–26 

electronic air brake system as an 

adaptation of the CCB–II system 

designed to be used on locomotives 

without integrated cab electronics. It 

uses many of the same sub-assemblies of 

pneumatic valves, electronic controls 

and software (referred to as line 

replaceable units or LRUs) as the CCB–

II. Some changes have been made to 

simplify the system while maintaining 

or increasing the level of safety. For 

example, the penalty brake interface has 

been changed to mimic the 26L system 

interface, allowing for a fully pneumatic 

penalty brake application. Also, the 

brake cylinder pilot pressure 

development has been simplified from 

an electronic control to a fully 

pneumatic version based on proven 

components. 

Much of the software and diagnostic 

logic which detects critical failures and 

takes appropriate action to effect a safe 

stop has been carried over from CCB–II. 

Overall, NYAB characterizes the CCB–

26 as being more similar to CCB–II than 

CCB–II is to CCB–I. As a final check on 

the performance of the CCB–26 system, 

it will be included in existing NYAB 

failure monitoring and recording 

systems as required by the already 

effective waiver. 

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 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Notices 76517

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–2000–

7367) 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 

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 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 December 

13, 2004. 

Grady C. Cothen, Jr., 

Acting Associate Administrator for Safety.

[FR Doc. 04–27901 Filed 12–20–04; 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. 

Canadian National Railway [Waiver 

Petition Docket Number FRA–2004–

19512] 

The Canadian National Railway (CN) 

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, CN wants 

relief from the requirements of 

§ 232.215, Transfer Train Brake Tests, 

for train movements to and from their 

yard at Flat Rock, Michigan, to the Ford 

Motor Company’s Woodhaven Stamping 

Plant (Fordhaven) in Woodhaven, 

Michigan. 

The transfer of cars from the Flat Rock 

Yard to Fordhaven is a maximum 

distance of 3.32 miles. The return 

movement is a maximum distance of 

1.27 miles. Each day, there are typically 

two transfer moves from the Flat Rock 

Yard to Fordhaven and two return 

moves. The average train consist of 35 

to 40 hi-cube boxcars. Cars going to 

Fordhaven contain empty parts racks, 

approx. 56 tons per car. Cars leaving 

Fordhaven contain loads of automotive 

body parts, approx. 73 to 96 tons per 

car. This transfer movement travels over 

one public grade crossing at Van Horn 

Road. CN states that rail traffic 

movements across this roadway is 

moderate and often includes switching 

movements without trainline air. 

CN contends that they have been 

making these transfer movements at this 

location without any air brake tests for 

the past 37 years, based on their belief 

that there was already an existing 

waiver in place granting them the 

authority to make such a move. 

However, CN has not been able to 

secure any documentation to support 

such a waiver exists. CN is only aware 

of only two occasions where FRA issued 

citations for failure to perform an air 

brake test for these transfer moves, one 

in 1982 and again in 2004. 

CN states that this waiver is necessary 

to ensure the ability to provide timely 

service to the Ford Motor Company, so 

that production at the plant is not shut 

down. 

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–

19512) 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 December 13, 

2004. 

Grady C. Cothen, Jr., 

Acting Associate Administrator for Safety.

[FR Doc. 04–27900 Filed 12–20–04; 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 favour of relief. 

Union Railroad Company [Docket 

Number FRA–2004–19260] 

The Union Railroad (URR), a Class III 

switching railroad, seeks a waiver of 

compliance from the requirements of 

Title 49 Code of Federal Regulations 

(CFR) 223.13 Requirements for existing 

cabooses for nine cabooses to be used in 

revenue freight service. The URR is