Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 51463 

Register notice described above. The 

laws under which actions were taken 

include, but are not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109 and 23 U.S.C. 128]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; Farmland Protection Policy 

Act (FPPA) [7 U.S.C. 4201–4209]. 

7. Executive Orders: 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. 13175, Consultation 

and Coordination With Indian Tribal 

Governments; 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: August 10, 2011. 

James Christian, 

Division Administrator, Salt Lake City. 

[FR Doc. 2011–21018 Filed 8–17–11; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2011–0067] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated June 

29, 2011, Penn Valley Railroad LLC has 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR Section 223.15. 

FRA assigned the petition Docket 

Number FRA–2011–0067. 

Penn Valley Railroad LLC is 

requesting consideration of a waiver 

from 49 CFR § 223.15, Safety Glazing 

Standards, in regard to Coach PRR 1776. 

The coach is equipped with a type of 

automotive safety glass and is serviced 

and maintained by Penn Valley Railroad 

LLC. There have not been any injuries 

on this coach due to broken glass. Penn 

Valley Railroad LLC is requesting the 

glazing waiver because of the extremely 

high cost to replace the glazing and the 

low risk to safety of continuing to 

operate with the current safety glass. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

http://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 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 and may be 

submitted by any of the following 

methods: 

• Web site: 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 October 

3, 2011 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered as far as practicable. 

Anyone is able to 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 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) or at 

http://www.dot.gov/privacy.html. 

Issued in Washington, DC, on August 12, 

2011. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2011–21095 Filed 8–17–11; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2010–0034] 

Petition for Waiver of Compliance 

In accordance with part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated July 15, 

2011, Port Authority Trans-Hudson 

Corporation (PATH) has 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 

236. FRA has previously assigned all 

PATH Positive Train Control (PTC)- 

related documentation Docket Number 

FRA–2010–0034, and is adding this 

waiver request to that docket. 

PATH seeks a waiver from 

compliance with PTC system 

requirements found at 49 CFR Section 

236.1006, Equipping locomotives 

operating in PTC territory. Specifically, 

this petition is made in connection with 

the implementation of PATH’s 

Automatic Train Control (ATC) project 

and the plan to use unequipped PA–4 

cars as maintenance-of-way (MOW) 

work equipment. PATH is currently in 

the process of implementing an ATC 

system using communications-based 

train control (CBTC) technology 

throughout the PATH rail network, as 

described in the Positive Train Control 

Implementation and Development Plans 

previously submitted for FRA approval. 

As part of that program, PATH will be 

equipping all A-cars (cab control cars) of 

the new PA–5 fleet with onboard ATC 

equipment. By December 31, 2015, 

PATH’s passenger carrying fleet will 

consist of only multiple-unit train 

consists made of PA–5 cars, and as 

such, PATH’s operation will be in 

compliance with the new PTC rule. An 

important element of the new ATC 

system implementation at PATH will be 

the incorporation of a track-circuitbased Secondary Train Detection 

System (STDS) incorporating wayside 

signals and automatic train stops (trip 

stops). The STDS will provide for safe 

mstockstill on DSK4VPTVN1PROD with NOTICES

51464 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 

operation of both PA–5 trains with 

failed ATC equipment, and MOW work 

equipment that will not be fitted with 

onboard ATC equipment. 

It is PATH’s intention to retire the 

existing PA–4 fleet from passenger 

service, but to retain some of these PA– 

4 cars to function as MOW work 

equipment. PATH will modify the 

interiors of some of these vehicles so 

that they are configured to transport 

tools and equipment. The PA–4 work 

vehicles would retain their trip cock 

equipment, and as such, the STDS 

would provide enforced braking for 

these vehicles at stop (red) signals. 

Further, since the PA–4 cars reliably 

shunt track circuits, they will be 

continuously detected by both the STDS 

and the CBTC system, thereby 

preventing train-to-train collisions. 

PATH’s justification for relief is that 

the proposed use of non-equipped PA– 

4 vehicles for MOW work equipment 

does not introduce any new or different 

safety hazards to the existing operation, 

and provides additional safety elements 

not available for other types of MOW 

equipment. The installation of the ATC 

and/or CBTC systems and the STDS by 

December 31, 2015, in conjunction with 

well-established operating rules and 

procedures, will in fact provide 

enhanced safety for such operations. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

http://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 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 and may be 

submitted by any of the following 

methods: 

• Web site: 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 October 

3, 2011 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered as far as practicable. 

Anyone is able to 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 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) or at 

http://www.dot.gov/privacy.html. 

Issued in Washington, DC, on August 12, 

2011. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2011–21094 Filed 8–17–11; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2011–0104] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

CATATONIC. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2011– 

0104 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388, that the issuance of 

the waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

September 19, 2011. 

ADDRESSES: Comments should refer to 

docket number MARAD–2011–0104. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979, E-mail Joann.Spittle@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel CATATONIC is: 

Intended Commercial Use of Vessel: 

‘‘Take passengers on half-day or all day 

sails off Waikiki. Boat will also anchor 

off Waikiki Beach for snorkeling and 

swimming. Vessel will depart and arrive 

back to Kewalo Basin Harbor, which is 

a commercial boat harbor. We are 

aiming at taking out family groups and 

groups of friends.’’ 

Geographic Region: ‘‘Hawaii.’’ 

Privacy Act 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES