54222 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 

1The Line was acquired from CSX 

Transportation, Inc. (CSXT), in 1991, after CSXT 

consummated the Line’s abandonment. 

2P&N states that it intends to interchange traffic 

with CSXT and Norfolk Southern Railway 

Company. 

3P&N is reminded that once it obtains Board 

authorization to provide common carrier rail 

service over the Line, the common carrier obligation 

continues, notwithstanding any term of the parties’ 

agreement, unless and until the Board grants 

discontinuance authority. 49 U.S.C. 10903; Chic. & 

N. W. Transp. Co. v. Kalo Brick & Tile Co., 450 U.S. 

311, 320 (1981); Pittsburg & Shawmut R.R.—Aban. 

Exemption—in Armstrong & Jefferson Counties, Pa., 

AB 976X, slip op. at 1 (STB served Sept. 15, 2005). 

Issued in Washington, DC, on August 30, 

2010. 

Robert L. Bostiga, 

RTCA Advisory Committee. 

[FR Doc. 2010–22098 Filed 9–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35402] 

Piedmont & Northern Railway, Inc.— 

Operation Exemption—North Carolina 

Department of Transportation 

Piedmont & Northern Railway, Inc. 

(P&N), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to operate over approximately 

13.04 miles of rail line (the Line) owned 

by the North Carolina Department of 

Transportation (NCDOT), a noncarrier,1

between Mt. Holly (milepost SFC 11.39) 

and Gastonia (milepost SFC 23.0), 

including the Belmont spur between Mt. 

Holly (milepost SFC 13.6/SFF 0.13) and 

Belmont (milepost SFF 1.56), in Gaston 

County, N.C.2 Operations will be 

pursuant to a License and Operating 

Agreement (Agreement) dated July 23, 

2010, which has an initial 5-year term 

and may be renewed 3 times for 

additional 5-year terms.3

This transaction is related to the 

verified notice of exemption filed in FD 

35403, Patriot Rail, LLC—Continuance 

in Control Exemption—Piedmont & 

Northern Railway, in which Patriot Rail, 

LLC, Patriot Rail Holdings LLC, and 

Patriot Rail Corp., jointly filed a verified 

notice of exemption to continue in 

control of P&N, upon P&N’s becoming a 

Class III rail carrier. 

The transaction is scheduled to be 

consummated on or after September 18, 

2010 (30 days after the supplements to 

the notice of exemption were filed). The 

notice was filed on August 12, 2010, but 

the Agreement and supplements were 

filed on August 19, 2010. Therefore, 

August 19, 2010, will be considered the 

official filing date and the basis for all 

due dates. 

P&N certifies that its projected annual 

revenues as a result of this transaction 

would not exceed those that would 

qualify it as a Class III rail carrier and 

further certifies that its projected annual 

revenues will not exceed $5 million. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than September 10, 

2010 (at least 7 days before the 

exemption becomes effective). 

An original and 10 copies of all 

pleadings, referring to FD 35402, must 

be filed with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. In addition, one copy 

of each pleading must be served on 

Louis E. Gitomer, 600 Baltimore Ave., 

Suite 301, Towson, MD 21204. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 30, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–22052 Filed 9–2–10; 8:45 am] 

BILLING CODE 4915–01–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. 

Aronco Leasing Company 

(Waiver Petition Docket Number FRA– 

2010–0120) 

The Aronco Leasing Company 

(Aronco), a private passenger car 

operator based in Helendale, California, 

seeks a waiver of compliance from the 

Safety Glazing Standards of 49 CFR 

223.15 Requirements for existing 

passenger cars. Specifically, Aronco has 

petitioned FRA for a waiver for private 

railroad passenger car Tioga Pass, 

which was built for the Canadian 

National Railroad in 1959. The 

Petitioner operates this car in charter 

and excursion service on Amtrak and 

other railroads. 

Aronco states that passenger car Tioga 

Pass is primarily equipped with double 

pane laminated safety glass, with the 

exception of seven windows in which 

the outer panes are glazed with 1⁄4’’ 

polycarbonate. Aronco states that in 4 

years of operating the car in charter 

service, there have been no incidents of 

broken windows, and no injuries have 

occurred to passengers or crew due to 

broken glass. Aronco additionally states 

the Tioga Pass is always operated with 

a fully qualified car operator, and is 

equipped with a fully accessible 

emergency tool locker. 

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– 

0120) 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 54223 

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 (Volume 

65, Number 70; Page 19477) or at 

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

Issued in Washington, DC, on August 30, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–22004 Filed 9–2–10; 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) 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. 

Union Pacific Railroad Company 

(Waiver Petition Docket Number FRA– 

2010–0125) 

The Union Pacific Railroad Company 

(UP) seeks a waiver of compliance with 

certain requirements of 49 CFR Part 

232—Brake System Safety Standards for 

Freight and Other Non-Passenger Trains 

and Equipment; End-of Train Devices, 

CFR Part 229—Railroad Locomotive 

Safety Standards, and CFR Part 215— 

Railroad Freight Car Safety Standards. 

Specifically, UP seeks relief to permit 

trains received at the U.S./Mexico 

border at El Paso, Texas, from the 

Ferrocarriles Nacionales de Mexico 

(FXE) to move from the interchange 

point without performing the regulatory 

tests and inspections specified in Part 

215, § 229.21, and § 232.205(a)(1), at 

that location. 

UP proposes moving the trains from 

the FXE interchange point at the 

International Yard on the Lordsburg 

subdivision to the UP’s Dallas St. yard, 

a distance of 2.8 miles, without the need 

to comply with the requirements of 

those parts of the CFR as noted above. 

A Class III brake test under § 232.211 

would be performed prior to departing 

the International Yard. 

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– 

0125) 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 (Volume 

65, Number 70; Page 19477) or at 

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

Issued in Washington, DC, on August 30, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–22003 Filed 9–2–10; 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. 

City of St. Matthews, Kentucky 

(Waiver Petition Docket Number FRA– 

2010–0135) 

The City of St. Matthews, KY (City), 

and CSX Transportation, Inc. (CSX) 

jointly seek a temporary waiver of 

compliance from certain provisions of 

the Use of Locomotive Horns at 

Highway-Rail Grade Crossings, 49 CFR 

Part 222. The City intends to establish 

a Pre-Rule Quiet Zone that it had 

previously continued under the 

provisions of 49 CFR 222.41(c)(1). The 

City is seeking a waiver for the 

requirement to construct and complete 

a Pre-Rule Quiet Zone by June 24, 2010, 

as required by 49 CFR 222.41(c)(2) and 

for an extension of such date to 

September 1, 2011. In addition, the City, 

CSX and the City of Richlawn, KY 

(Richlawn), seek a temporary waiver 

from provisions of 49 CFR 222.41(c) so 

that a single public highway-rail grade 

crossing in Richlawn, that meets the 

definition of a Pre-Rule Quiet Zone, but 

the required notices or other actions 

have not been submitted, could be 

included in St. Matthews’ Pre-Rule 

Quiet Zone. 

There are 5 crossings in the existing 

City’s Pre-Rule Quiet Zone extending 

from Chenoweth Lane (MP T5.43) to 

Thierman Lane (MP T6.12) on the CSX 

Louisville Division, LouisvilleCincinnati Subdivision. All of the 

crossings are equipped with flashing 

lights and gates, constant warning time 

train detection circuitry and power-out 

indicators. Two of these crossings will 

be treated with Supplementary Safety 

Measures (SSM) as follows: 1 crossing 

with gates and non-traversable curb 

medians and 1 crossing with fourquadrant gates. One of the SSMs has 

been installed (gates and nontraversable curb medians on Thierman 

Lane) and the other (four-quadrant gates 

on Chenoweth Lane) will be completed 

within the October 2011 to April 2012 

timeframe and hopefully sooner. 


srobinson on DSKHWCL6B1PROD with NOTICES