Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 26839 

• 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 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://www.regulations.gov. 

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 

document (or signing the document, 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 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on May 6, 2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–11209 Filed 5–11–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2009–0016] 

Metrics and Standards for Intercity 

Passenger Rail Service under Section 

207 of the Passenger Rail Investment 

and Improvement Act of 2008 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Response to Comments; 

Issuance of Metrics and Standards. 

SUMMARY: Section 207 of the Passenger 

Rail Investment and Improvement Act 

of 2008 (Division B of Pub. L. 110–432) 

(PRIIA) charged the Federal Railroad 

Administration (FRA) and Amtrak 

jointly and in consultation with other 

parties, with developing new or 

improving existing metrics and 

minimum standards for measuring the 

performance and service quality of 

intercity passenger train operations. In 

compliance with the statute, the FRA 

and Amtrak jointly drafted performance 

metrics and standards for intercity 

passenger rail service and, on March 13, 

2009, posted a draft document, entitled 

‘‘Proposed Metrics and Standards for 

Intercity Passenger Rail Service,’’ on the 

FRA’s Web site. Simultaneously, the 

FRA published a notice in the Federal 

Register (74 FR 10983) requesting 

comments on the Proposed Metrics and 

Standards from the Surface 

Transportation Board, rail carriers over 

whose rail lines Amtrak trains operate, 

States, Amtrak employees, nonprofit 

employee organizations representing 

Amtrak employees, and groups 

representing Amtrak passengers. 

Seventeen comments were submitted to 

the corresponding docket (number 

FRA–2009–0016) at regulations.gov by 

the end of the comment period on 

March 27, 2009 and as a result, the FRA 

and Amtrak have jointly made, and are 

jointly issuing, revisions to the Metrics 

and Standards. The final version of the 

Metrics and Standards is posted on the 

FRA’s Web site at http:// 

www.fra.dot.gov/us/content/2165. 

DATES: These Metrics and Standards are 

in effect as of May 11, 2010. 

FOR FURTHER INFORMATION CONTACT: Neil 

E. Moyer, Chief, Financial and 

Economic Analysis Division, Office of 

Passenger and Freight Programs, Office 

of Railroad Policy and Development, 

Federal Railroad Administration, U.S. 

Department of Transportation (e-mail 

Neil.Moyer@dot.gov; telephone 202– 

493–6365); or Edgar E. Courtemanch, Sr. 

Principal, Operations Service Planning, 

Amtrak (e-mail CourteE@amtrak.com; 

telephone 202–906–3249). 

Issued in Washington, DC, on May 6, 2010. 

Neil E. Moyer, 

Chief, Financial and Economic Analysis 

Division. 

[FR Doc. 2010–11261 Filed 5–11–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–21] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before June 1, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0395 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, S.E., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Laverne Brunache (202) 267–3133 or 

Tyneka Thomas (202) 267–7626, Office 

of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

26840 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on May 7, 2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2010–0395. 

Petitioner: Recurrent Training Center, 

Inc. 

Section of 14 CFR Affected: 14 CFR 

141.5(d). 

Description of Relief Sought: 

In August 2011, Recurrent Training 

Center, Inc. (RTC), current pilot school 

certificate (No. R9KS949K) will expire. 

As such, RTC seeks relief from 14 CFR 

141.5(d) to substitute an end of course 

test for the knowledge test requirement 

as an alternative measurement of the 

quality of training. 

[FR Doc. 2010–11289 Filed 5–11–10; 8:45 am] 

BILLING CODE 4910–13–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) has 

received a request for a waiver of 

compliance from 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. 

Pacific Locomotive Association, Inc. 

[Docket Number FRA–2010–0007] 

The Pacific Locomotive Association, 

Inc. (PLA), operators of the Niles 

Canyon Railway Museum (NCRY), 

requests Special Approval to continue 

their operation of former freight 

equipment that was converted for use as 

tourist/excursion passenger cars or 

museum exhibits. NCRY operates a 

tourist/museum railroad on 

approximately 13 miles of former 

Southern Pacific Company right-of-way 

between Niles and Pleasanton, 

California. The museum railroad is 

staffed by volunteer members of PLA, a 

non-profit organization since 1965, for 

historical and educational purposes and 

does not interchange freight. 

The petitioner requests this relief 

from the requirements of Title 49 CFR 

215.203 Restricted cars, and 215.303 

Stenciling of restricted cars, for both 

their freight equipment used in their 

tourist railroad operations, and for 

‘‘photo freights,’’ which are non-revenue 

service freight trains of antiquated 

equipment. They provide the public 

with an opportunity to view freight 

trains of a by-gone era for educational 

purposes. The cars are operated at a 

maximum speed of 20 miles per hour 

and typically operate at a maximum of 

40 total miles distance per day. There 

are four classes of cars operated on 

NCRY: passenger use, cabooses, freight 

cars, and roster cars. The cars for 

passenger use are open freight cars with 

seats designed for passenger viewing of 

the scenery of the Niles Canyon. These 

cars carry a total weight, passengers and 

seats, of 10 tons which is nominally 

25% of their designed capacity. The 

cabooses are typically used for small 

private parties. Additional seats have 

been added for patrons and always have 

a PLA car attendant on board. 

As an operating railroad museum, 

NCRY has restored some of their freight 

cars with the original paint schemes and 

reporting marks in an effort to interpret 

the history of West Coast railroading in 

the early 20th century. When used in 

‘‘photo freight’’ trains, these restored 

antiquated freight cars are operated 

empty, and typically, these events are 

held only 2–4 times per year. In 

addition, some of these cars such as 

side-dump gondola cars are also used in 

maintenance-of-way service to aid in 

maintain the museum’s railroad. The 

cars listed as ‘‘roster cars’’ are additional 

equipment that NCRY has available for 

future restoration. The equipment will 

be added to the active roster when the 

appropriate repairs or maintenance has 

been completed. 

NCRY operates an annual seasonal 

train between November 27th and 

December 23rd, Friday–Sunday, and the 

remaining operations on Sundays with 

open cars during spring, summer, and 

fall. An annual ‘‘Steam Fest’’ is another 

important event held on two weekends 

in March. This event involves use of 

restricted freight equipment converted 

for passenger use to achieve the patron 

capacity necessary. The loss of seating 

due to the removal from service of these 

freight/converted freight cars would 

adversely impact NCRY’s revenue and 

their ability to maintain and preserve 

the museum’s collection. 

NCRY has operated since 1988, and 

continues to endeavor to maintain all 

equipment, operations, and track to 

FRA’s compliance standards. To date, 

no FRA safety violations have been 

issued to NCRY, and no equipmentrelated derailments or accidents have 

occurred since May 1988, when the 

museum began operating. 

In summary, NCRY requests relief 

from the regulatory requirements of 49 

CFR 215.203 Restricted cars, and 

215.303 Stenciling of restricted cars, for 

antiquated freight equipment used in 

tourist/excursion service. A 

comprehensive listing of the 51 pieces 

of equipment is provided at ‘‘Exhibit A’’ 

in Docket Number FRA–2010–0007, 

including the reason(s) for their 

restricted use. 

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–2010– 

0007) 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 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://www.regulations.gov. 

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 

document (or signing the document, 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 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES