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Federal Register / Vol. 71, No.

186 / Tuesday, September 26, 2006 / Notices 56217

Petition Docket Number FRA–2006– Freight Car Safety Standards, published an opportunity for oral comment, they
25452) and must be submitted to the April 21, 1980, for freight cars received should notify FRA, in writing, before
Docket Clerk, DOT Central Docket in interchange from the Ferrocarriles the end of the comment period and
Management Facility, Room PL–401, Nacionales de Mexico Railroad (FXE), at specify the basis for their request.
400 7th Street, SW., Washington, DC Calexico, California. Specifically, UP All communications concerning these
20590–0001. Communications received seeks approval to move the equipment
proceedings should identify the
within 45 days of the date of this notice from the interchange point, at MP 708.5
appropriate docket number (FRA–2006–
will be considered by FRA before final on the Calexico Subdivision, to the UP
rail yard in El Centro, California (a 25764) and must be submitted to the
action is taken. Comments received after
distance of 10.1 miles), without Docket Clerk, DOT Docket Management
that date will be considered as far as
practicable. All written communications performing the inspections and tests Facility, Room PL–401 (Plaza Level),
concerning these proceedings are specified. 400 7th Street, SW., Washington, DC
available for examination during regular According to UP, a Class III brake test- 20590. Communications received within
business hours (9 a.m.–5 p.m.) at the trainline continuity inspection would be 45 days of the date of this notice will
above facility. All documents in the performed per the requirements of 49 be considered by FRA before final
public docket are also available for CFR 232.211, prior to departing action is taken. Comments received after
inspection and copying on the Internet Calexico, and the equipment would be that date will be considered as far as
at the docket facility’s Web site at http:// inspected to ensure safe movement to El practicable. All written communications
dms.dot.gov. Centro at a train speed not to exceed 20 concerning these proceedings are
FRA wishes to inform all potential mph. Equipment found unsafe for available for examination during regular
commenters that anyone is able to movement to El Centro for repairs business hours (9 a.m.–5 p.m.) at the
search the electronic form of all would be set out of the train at Calexico. above facility. All documents in the
comments received into any of our The train would be equipped with a public docket are also available for
dockets by the name of the individual compliant end-of-train device per 49 inspection and copying on the Internet
submitting the comment (or signing the CFR 232, Subpart E. at the docket facility’s Web site at http://
comment, if submitted on behalf of an UP currently receives approximately dms.dot.gov.
association, business, labor union, etc.). 50 freight cars per day from FXE at the
interchange point in Calexico. The Anyone is able to search the
You may review DOT’s complete electronic form of all comments
Privacy Act Statement in the Federal volume has grown steadily in recent
years and stands to grow even more as received into any of our dockets by the
Register published on April 11, 2000 name of the individual submitting the
(Volume 65, Number 70; Pages 19477– the effects of both the NAFTA and
GATT trade agreements. United States comment (or signing the comment, if
78), or you may visit http://dms.dot.gov. submitted on behalf of an association,
Customs conduct inspections of the
Issued in Washington, DC on September equipment at Heber, which usually business, labor union, etc.). You may
20, 2006. review DOT’s complete Privacy Act
takes more than an hour. If the
Grady C. Cothen, Jr., equipment is ‘‘off air’’ for more than 4 Statement in the Federal Register
Deputy Associate Administrator for Safety hours at Heber, a ‘‘transfer train brake published on April 11, 2000 (Volume
Standards and Program Development. test’’ per the requirements of 49 CFR 65, Number 70; Pages 19477–78). The
[FR Doc. E6–15753 Filed 9–25–06; 8:45 am] 232.215, would be performed prior to Statement may also be found at http://
BILLING CODE 4910–06–P departure. From Heber, the train would dms.dot.gov.
move to El Centro (a distance of 4.6 Issued in Washington, DC, on September
miles), where a Class I brake test-initial 20, 2006.
DEPARTMENT OF TRANSPORTATION terminal inspection would be performed
Grady C. Cothen, Jr.,
per the requirements of 49 CFR 232.205.
Federal Railroad Administration UP states that the capacity of the Deputy Associate Administrator for Safety
existing railroad facility in Calexico is Standards and Program Development.
Petition for Waiver of Compliance [FR Doc. E6–15752 Filed 9–25–06; 8:45 am]
inadequate to handle current volume
In accordance with Part 211 of Title and the waiver is necessary to facilitate BILLING CODE 4910–06–P
49 Code of Federal Regulations (CFR), movement and to avoid restricting the
notice is hereby given that the Federal volume of rail cars handled through this
Railroad Administration (FRA) received gateway. UP asserts that Calexico is a DEPARTMENT OF TRANSPORTATION
a request for a waiver of compliance ‘‘bottleneck’’ that causes delays to
with certain requirements of its safety international commerce on both sides of Federal Railroad Administration
standards. The individual petition is the border, and granting the requested
described below, including the party waiver, will have no adverse effect on Petition for a Waiver of Compliance
seeking relief, the regulatory provisions safety. UP also references current
involved, the nature of the relief being railroad operations at border crossings In accordance with Title 49 Code of
requested, and the petitioner’s in Brownsville and Laredo, Texas, Federal Regulations (CFR), Sections
arguments in favor of relief. where trains move several miles from 211.9 and 211.41, notice is hereby given
the border without performing a Class I that the Federal Railroad
Union Pacific Railroad Company Administration (FRA) has received a
air test.
[Waiver Petition Docket Number FRA–2006– Interested parties are invited to request for a waiver of compliance with
25764] participate in these proceedings by certain requirements of Federal railroad
Union Pacific Railroad Company (UP) submitting written views, data, or safety regulations. The individual
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seeks a waiver of compliance with comments. FRA does not anticipate petitions are described below, including
certain requirements of 49 CFR, scheduling a public hearing in the party seeking relief, the regulatory
232.205, Class I Brake Test-Initial connection with these proceedings since provisions involved, the nature of the
Terminal inspection, published January the facts do not appear to warrant a relief being requested, and the
17, 2001, and 49 CFR 215—Railroad hearing. If any interested party desires petitioner’s arguments in favor of relief.

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56218 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices

Union Pacific Railroad Company yard and road service employees is occupied by a train without authority,
[Waiver Petition Docket Number FRA–2006–
headquartered in North Platte, and the train dispatcher notices it before
25862] Nebraska. This IMOU was sent to FRA the train backs off the circuit) before the
for consideration and acceptance on employee files a close call report. In
The above parties seek a waiver for
August 28, 2006. As referenced in the such situations, UP or FRA may use
relief of sanctions from 49 CFR Part
IMOU, certain close calls may be event recorder information to support
240.117(e)(1) through (4), 49 CFR Part
properly reported by the employee(s) discipline and/or decertification and/or
240.305(a)(1) through (4) and (6)
involved and later discovered by UP, for enforcement. For example, a UP official,
[excluding supervisors as indicated],
example, through subsequent who observes a train operating past a
and 49 CFR Part 240.307. These sections
retrospective analysis of locomotive signal that requires a stop, may use any
of the regulation relate to punitive
event recorder data, etc. In order to relevant data recorded by the
actions that are required to be taken
encourage employee reporting of close locomotive’s event recorder in pursuing
against locomotive engineers for the disciplinary action against the train
violation of certain railroad operating calls, the IMOU contains provisions to
shield the reporting employee from UP crew, regardless of whether a member of
rules. Refer to 49 CFR Part 240 for a the crew files a close call report in a
detailed listing of these sections. discipline.
The UP, BLET, and UTU also desire timely manner.
The Union Pacific Railroad (UP) and UP and other parties signatory to the
to shield the reporting employee(s) and
the employees of UP’s North Platte IMOU dated August 25, 2006, believe
UP from punitive sanctions that would
Service Unit, represented by the the data from these properly reported
otherwise arise as provided in selected
Brotherhood of Locomotive Engineers close call incidents as defined in the
sections of 49 CFR Part 240 for properly
and Trainmen (BLET) and the United IMOU will be invaluable in analysis and
reported close call events as defined in
Transportation Union (UTU), desire to development of effective corrective
the C3RS IMOU. The waiver petition is
participate in a Close Call Reporting actions. Without the requested waiver of
requested for the duration of the C3RS
System (C3RS) Demonstration Pilot sanctions and exemption from
demonstration project (5 years from
Project sponsored by FRA’s Office of mandatory revocation of the engineer’s
implementation or until the
Research and Development. The C3RS certificate, the employee(s) involved in
demonstration project is completed or
Demonstration Pilot Project is one of the the incidents described above will not
parties to the IMOU withdraw as
action items included in FRA’s Rail file a report of the incident. The
described in the IMOU, whichever is
Safety Action Plan announced on incident(s) will likely go undetected and
first).
January 25, 2006. there will be no opportunity for
In other industries such as aviation, Note: Article 7.2 (of the IMOU) Conditions analysis, data trending or appropriate
implementation of close call reporting under which a Reporting Employee is Not corrective actions.
systems that shield the reporting Protected from UP Discipline and/or All parties signatory to the IMOU and
employee from discipline (and the Decertification and from FRA Enforcement:
UP employees included in this C3RS/IMOU participating in the demonstration pilot
employer from punitive sanctions levied project believe that the close calls
receive no protection from discipline and/or
by the regulation) have contributed to decertification or from FRA enforcement demonstration project and granting this
major reductions in accidents. In March action when one or more of the following waiver petition is in the public interest
2005, FRA completed an overarching conditions occur: and consistent with improving railroad
memorandum of understanding with 1. The employee’s action or lack of action safety. All parties believe that the
railroad labor organizations and was intended to damage UP or another improvement in safety experienced in
management to develop pilot programs entity’s operations or equipment or to injure Norway as stated above: ‘‘the Norwegian
to document close calls, i.e., unsafe other individuals, or the employee’s action or
lack of action purposely places others in Railway (Sernbaneverket) showed a 40
events that do not result in a reportable danger (e.g., sabotage); percent reduction in accidents after 3
accident, but very well could have. 2. The employee’s action or lack of action years of implementation of a similar
Participating railroads will be involved a criminal offense; program.’’ These results of improved
expected to develop corrective actions 3. The employee’s behavior involved safety performance have also been
to address the problems that may be substance abuse or inappropriate use of observed in other modes of
revealed. The aggregate data may prove controlled substances; transportation and other industries
useful in FRA’s decision-making 4. The close call report contains falsified following the implementation of a close
concerning regulatory and other options information as determined by the Bureau of
Transportation Statistics;
calls reporting system.
to address human factor-caused 5. The event resulted in a railroad The Federal Aviation Administration
accidents. Experiences on the accident/incident that qualifies as reportable (FAA) reports numerous safety benefits
Norwegian Railway (Sernbaneverket) under 49 CFR Part 225.11; from their close calls reporting system
showed a 40 percent reduction in 6. The event resulted in an identifiable compared to non-U.S. flight operations
accidents after 3 years of release of a hazardous material; or (See FAA Web site). Examples of close
implementation of a similar program. In 7. The event was observed in real-time and call reporting system benefits from the
a manufacturing environment, reported to UP management (such as a train U.S. Coast Guard include: ‘‘Response
Syncrude, a mining company, dispatcher or operator observing a signal costs decline 30–40 percent, resulting in
violation) or was observed as part of
experienced a 33 percent reduction in Operating Practices testing.
potential USCG savings of $12–$16
lost time frequency after 1 year of million and potential shipping industry
implementing a close call system. Operating Practices testing (e.g., savings of $39–$52 million: potential
The UP, BLET, and UTU have operating rule efficiency testing, signal reduction in seamen injuries and claims
developed and signed an implementing compliance testing) generally consists of category savings range between 15–45
memorandum of understanding (IMOU), real-time observations and do not percent; potential savings on an
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based on the FRA’s overarching qualify for exemption. Similarly, an industry-wide scale = $100s of
memorandum of understanding, as a employee is not exempt from discipline millions.’’
first step in commencing the and/or decertification for a violation The parties are confident that railroad
demonstration pilot project. The project that UP or FRA identifies operations will benefit from this
would involve approximately 1,200 contemporaneously (e.g., a block circuit demonstration pilot project, and by full

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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices 56219

implementation of a close call reporting DEPARTMENT OF TRANSPORTATION have determined that the project
system, public and railroad safety will changes as proposed in this amended
be improved. Maritime Administration application will not have a significant
Interested parties are invited to [USCG–2004–17696] impact on the environment and we are
participate in these proceedings by therefore issuing a Draft Finding of No
Freeport McMoRan Energy L.L.C. Main Significant Impact (FONSI) for public
submitting written views, data, or
Pass Energy Hub Liquefied Natural review and comment.
comments. FRA does not anticipate
Gas Deepwater Port License DATES: Public hearings will be held in
scheduling a public hearing in
Application Amendment; Final Public Grand Bay, Alabama on October 3, 2006;
connection with these proceedings since
Hearings, Environmental Assessment Pascagoula, Mississippi on October 4,
the facts do not appear to warrant a and Draft Finding of No Significant 2006; and New Orleans, Louisiana, on
hearing. If any interested party desires Impact October 5, 2006. Each public hearing
an opportunity for oral comment, they will begin at 6 p.m. and end at 8 p.m.,
should notify FRA, in writing, before AGENCY: Maritime Administration, DOT.
and will be preceded by an
the end of the comment period and ACTION: Notice of availability; notice of informational open house from 4:30
specify the basis for their request. public hearings; request for comments. p.m. to 6 p.m. The public hearings may
All communications concerning these SUMMARY: The Maritime Administration end later than the stated time,
proceedings should identify the (MARAD) and U.S. Coast Guard depending on the number of attendees
appropriate docket number (e.g., Waiver announce the availability of the requesting to speak.
Petition Docket Number 2006–25862) Environmental Assessment (EA) and Material submitted in response to the
and must be submitted to the Docket Draft Finding of No Significant Impact request for comments must reach the
Clerk, DOT Docket Management (FONSI) on the Main Pass Energy Hub Docket Management Facility on or
Facility, Room PL–401 (Plaza Level), (MPEH) Deepwater Port Amended before November 6, 2006, which is the
400 7th Street, SW., Washington, DC License Application. We are also end of the 45 day public comment
20590. Communications received within announcing the dates and locations of period. Federal and State agencies must
20 days of the date of this notice will public hearings for input regarding the submit comments on the application as
approval or denial of the license amended, recommended conditions for
be considered by FRA before final
application. licensing, or letters of no objection by
action is taken. Comments received after
The application and the amendment November 20, 2006 (45 days after the
that date will be considered as far as
describe a project that would be located final public hearings). Also by
practicable. All written communications November 20, 2006 the Governors of the
concerning these proceedings are in the Gulf of Mexico in Main Pass
Lease Block 299 (MP 299), adjacent coastal states of Alabama,
available for examination during regular Louisiana, and Mississippi may
approximately 16 miles southeast of
business hours (9 a.m.–5 p.m.) at the approve, disapprove, or notify MARAD
Venice, Louisiana. Draft and final
above facility. All documents in the Environmental Impact Statements (EIS) of inconsistencies with State programs
public docket are also available for evaluating the original application were relating to environmental protection,
inspection and copying on the Internet published on June 17, 2005 and March land and water use, and coastal zone
at the docket facility’s Web site at http:// 14, 2006, respectively. management, in which case MARAD
dms.dot.gov. The Main Pass Energy Hub Deepwater will condition any license granted to
Anyone is able to search the Port License Application originally make it consistent with state programs.
electronic form of all comments proposed the use of ‘‘open-loop’’ open MARAD will issue a record of decision
received into any of our dockets by the rack vaporization (ORV). In the (ROD) to approve, approve with
name of the individual submitting the amended application, the applicant is conditions, or deny the DWP license
comment (or signing the comment, if proposing a ‘‘closed-loop’’ system using application by January 3, 2007 (90 days
submitted on behalf of an association, submerged combustion vaporization after the final public hearing).
business, labor union, etc.). You may with selective catalytic reduction (SCV/ ADDRESSES: The first public hearing and
review DOT’s complete Privacy Act SCR). Though similar, a more generic informational open house will be held
Statement in the Federal Register SCV/SCR system was analyzed in detail on October 3, 2006, at the Grand Bay St.
in the Final EIS (FEIS) as an alternative. Elmo Community Center, 11610
published on April 11, 2000 (Volume
The amended application provides Highway 90 West, Grand Bay, Alabama,
65, Number 70; Pages 19477–78). The
expanded and refined design phone: 251–865–4010. The second
Statement may also be found at http:// information regarding the proposed public hearing and informational open
dms.dot.gov. changes. The EA was prepared to house will be held on October 4, 2006,
Issued in Washington, DC on September provide analysis of the actual SCV/SCR at the La Font Inn, 2703 Denny Avenue,
20, 2006. design now being proposed and to Pascagoula, Mississippi, phone: 228–
Grady C. Cothen, Jr., determine if there were any significant 762–7111. The third public hearing and
Deputy Associate Administrator for Safety impacts resulting from this change in informational open house will be held
Standards and Program Development. proposed regassification technology in on October 5, 2006, at the New Orleans
[FR Doc. E6–15754 Filed 9–25–06; 8:45 am] addition to or different from those Marriott, 555 Canal Street, New Orleans,
previously assessed in the FEIS. The Louisiana, phone: 504–581–1000.
BILLING CODE 4910–06–P
original application and environmental A copy of the EA, FEIS, license
analysis contained in the FEIS still application, license application
apply, including facilities, offshore and amendment, comments and associated
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onshore pipelines, and salt cavern gas documentation is available for view at
storage. Previous comments on the FEIS the DOT’s docket management Web site:
and application will continue to be http://dms.dot.gov under docket number
considered in this process and need not 17696. Copies of the EA and FEIS are
be repeated. Based upon the EA, we also available for review at the

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