49536 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 

monitor programs implemented as a 

result on the adoption of the NCP, 

including the Fly Quiet Program 

guidelines and the Noise Monitoring 

Program. 

The airport sponsor proposed three 

changes to flight procedures. One of 

these measures, a change to nighttime 

flight procedures for jets departing to 

the north, will require further safety and 

environmental analysis. The other two 

programs elements FAA disapproved as 

they involve proposed changes to flight 

paths that FAA Air Traffic Control 

determined would create numerous 

adverse impacts to safety and efficiency 

of air traffic control operations. These 

program elements propose testing 24- 

hour flight tracks between 350 and 010 

degree headings and implementing a 

170 degree departure heading to 4 DME 

or 8,000 MSL (+/¥20 degrees). 

FAA disapproved the remaining 

program element, the proposed ban of 

Stage 2 aircraft under 75,000 lbs. from 

operating at Centennial Airport at 

nighttime, pending further study. Per 

the requirements of 14 CFR Part 16, this 

measure requires further study to 

determine the impact on the national 

airspace system and air commerce. 

FAA’s determinations are set forth in 

detail in a Record of Approval endorsed 

by the Airports Division Manager on 

August 12, 2008. The Record of 

Approval, as well as other evaluation 

materials and the documents 

comprising the submittal, are available 

for review at the FAA office and Internet 

site listed above and at the 

administrative offices of the Arapahoe 

County Public Airport Authority, 

Englewood, CO. 

Issued in Renton, Washington on August 

12, 2008. 

Donna Taylor, 

Manager, Airports Division, FAA Northwest 

Mountain Region. 

[FR Doc. E8–19278 Filed 8–20–08; 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. 

Town of Ipswich, Massachusetts 

[Waiver Petition Docket Number FRA–

2008–0093] 

The Town of Ipswich, Massachusetts 

(Town) seeks a permanent waiver of 

compliance from certain provisions of 

FRA’s regulations on the Use of 

Locomotive Horns at Highway-Rail 

Grade Crossings, 49 CFR Part 222. The 

Town intends to establish a Pre-Rule 

Quiet Zone to formalize existing 

restrictions on routine sounding of the 

locomotive horn that were previously 

continued under the provisions of 49 

CFR 222.41(c)(1). The Town is seeking 

a waiver to extend the filing date for a 

Detailed Plan, as provided in 49 CFR 

222.41(c)(2)(i)(B), which indicates that 

the Detailed Plan must be filed with 

FRA by June 24, 2008. The waiver 

petition requests that the Detailed Plan 

filed by the Town on July 28, 2008 be 

accepted as a valid Detailed Plan even 

though it was filed after June 24, 2008. 

Initially, the Town of Ipswich 

submitted a Detailed Plan dated June 23, 

2008, which was not received by FRA 

until June 30, 2008. The original 

Detailed Plan stated that the Town 

intended to reassess the risk index for 

the Topsfield Road grade crossing after 

March 2009, 5 years after an accident 

that occurred at the Topsfield Road 

location, to determine if additional 

safety improvements at this grade 

crossing would be required. FRA 

rejected this Detailed Plan because it 

was not received by the agency until 

June 30, 2008, and it did not include a 

detailed explanation of, and timetable 

for, the safety improvements that would 

be implemented as required by 49 CFR 

222.41(c)(2)(i)(B). The Town, after 

discussion with representatives of FRA 

and the Massachusetts Bay 

Transportation Authority (MBTA), 

resubmitted the Detailed Plan on July 

28, 2008, outlining the intended 

supplemental safety measures for the 

Topsfield Road grade crossing. 

The Town seeks the waiver in order 

to continue the restrictions on routine 

sounding of locomotive horns at the 

grade crossings identified in its Detailed 

Plan until June 24, 2010. 

The Town of Ipswich, the public 

authority, is filing this waiver request 

without the support of the MBTA, 

which is the railroad providing service 

over the five grade crossings identified 

in the Detailed Plan. However, the 

petition contains an explanation of the 

steps that the Town has taken to reach 

an agreement with the MBTA, in 

accordance with 49 CFR 222.15(b). As 

stated in the petition, the Town has 

made a written request to the MBTA to 

support its waiver request and the 

Detailed Plan. The Town also conducted 

a meeting of its Board of Selectmen on 

August 1, 2008, where an MBTA official 

in attendance stated that it is the policy 

of the MBTA to neither support nor 

oppose requests by municipalities to 

maintain quiet zones or obtain waivers 

from FRA regulations. 

The Town has also asserted in its 

waiver petition that the joint submission 

requirement contained in 49 CFR 

222.15(a) would not be likely to 

contribute significantly to public safety 

in this instance, based on its plans to 

install a four-quadrant gate system with 

enhanced electronic monitoring at the 

Topsfield Road crossing, where an 

accident occurred in March 2004. 

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–2008–

0093) 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 20 

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 

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Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 49537 

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). 

Issued in Washington, DC on August 18, 

2008. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E8–19434 Filed 8–20–08; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for Special 

Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before September 22, 2008. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue Southeast, Washington 

DC or at http://dms.dot.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on August 8, 

2008. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

NEW SPECIAL PERMITS

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

14739–N ............ ........................... Battery Council International (BCI), Chicago, IL.49 CFR 172.316 ............. To authorize the transportation in commerce of 

certain Consumer commodities that have been 

overpacked and do not have the correct markings on the inner package when transported by 

motor vehicle. (mode 1) 

14740–N ............ ........................... Air Products and Chemicals, Inc., Allentown, 

PA.

49 CFR 173.301(c) and 

(f) and 173.40.

To authorize the transportation in commerce of 

certain DOT-specification cylinders containing 

nitric oxide that do not meet the requirements 

for pressure relief devices. (modes 1, 3) 

14741–N ............ ........................... Weatherford International, Fort Worth, 

TX.

49 CFR 173.304 ............. To authorize the transportation in commerce of 

sulfur hexafluoride in non-DOT specification cylinders. (modes 1, 3, 4, 5) 

14742–N ............ ........................... Strong Environmental, 

Inc., Norcross, GA.

49 CFR 173.12(b) .......... To authorize the manufacture, marking, sale and 

use of a IJN standard 4G fiberboard box for use 

as the outer packaging for lab pack applications 

in accordance with § 173.12(b). (mode 1) 

14743–N ............ ........................... TIER DE, Inc., Gap, PA 49 CFR 173.24b and 

173.244.

To authorize the one-time, one-way transportation 

in commerce of a non-DOT specification metal 

tank containing approximately 700 lbs. of sodium by motor vehicle. (mode 1) 

14744–N ............ ........................... Sandia National Laboratories, Albuquerque, 

NM.

49 CFR 173.24(b)(1) and 

173.302a.

To authorize the transportation in commerce of 

DOT Specification 3AA and ICC 3A cylinders 

containing nitrogen, compressed, and a nonDOT specification refrigeration system containing helium that are installed in the Advance 

Flight Telescope (AFT) Payload where the cylinders release nitrogen into the satellite telescope during transportation. (modes 1, 4, 5) 

14746–N ............ ........................... Preferred Foam Products, Inc., Clinton, CT.49 CFR 173.315(a) ........ To authorize the transportation in commerce of 

certain non-DOT specification portable tanks 

containing a Division 2.2 compressed gas. 

(modes 1, 2) 

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