80_FR_10245 80 FR 10208 - Petition for Waiver of Compliance

80 FR 10208 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10208-10209
FR Document2015-03763

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015) 
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10208-10209]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03763]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Numbers FRA-2014-0124 and FRA-2013-0128]


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 November 18, 2014, the National Railroad Passenger Corporation 
(Amtrak) petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained in 49 CFR, governing the operation of 
passenger trains on the Northeast Corridor (NEC). Relief was also 
requested from speed limitations imposed by the Order of Particular 
Applicability for the Advanced Civil Speed Enforcement System (ACSES) 
Order. [FRA Docket No. 87-2, Notice No. 7; 63 FR 39343; July 28, 1998]. 
FRA assigned the petition Docket Number FRA-2014-0124.
    Amtrak's petition incorporated by reference a prior request for 
relief in Docket Number FRA-2013-0128 (see 79 FR 8238; Feb. 11, 2014). 
Accordingly, additional comments may be submitted regarding the 
petition in Docket Number FRA-2013-0128 as well as on the new petition 
in FRA-2014-0124.
    The Amtrak petitions address two distinct requests. First, both 
petitions request permission to operate existing Acela trainsets, built 
in compliance with the specific requirements for Tier II equipment 
under 49 CFR part 238 subpart E, at speeds up to 160 miles per hour 
(mph) in three speed zones where track conditions can support higher 
speeds than currently operated. As discussed above, Amtrak's earlier 
petition in Docket Number FRA-2013-0128 proposed the same speed 
increase for a segment of track in Rhode Island, milepost (MP) AB 154.3 
to MP AB 171.7.
    The new petition in Docket Number FRA-2014-0124 adds a request for 
a 160 mph speed zone in Massachusetts (MP AB 194 to MP AB 204) and--
subject to completion of certain infrastructure improvements--a 160 mph 
speed zone in New Jersey (MP AN 33 to MP AB 55.5).
    In summary, Amtrak seeks a waiver of provisions in the ACSES Order 
and the 150 mph limitation for Tier II equipment in the Passenger 
Equipment Safety Standards to permit operation up to 160 mph in each of 
these discrete zones. Amtrak does not seek to use the existing Acela 
trainsets at speeds higher than presently authorized elsewhere on the 
NEC. Amtrak notes that increasing speeds in the subject zones would be 
subject to special approvals qualifying the existing Acela Tier II 
trainsets at the higher speed under 49 CFR part 213, Track Safety 
Standards, and regulations governing Positive Train Control, such as 49 
CFR part 236, Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of Signal and Train 
Control Systems, Devices, and Appliances. With FRA oversight, Amtrak 
has been conducting tests that, although not yet concluded, are 
intended by Amtrak to support qualification of the existing trainsets 
and train control system for 160 mph operation. Successful completion 
of these processes would be necessary for Amtrak to use any relief 
related to the Acela service that might be granted in this proceeding.
    Secondly, in Docket Number FRA-2014-0124, Amtrak requests approval 
to operate, on the ``spine'' of the NEC between Washington, DC and 
Boston, new trainsets that would be built to ``Tier III'' standards 
proposed by the second Engineering Task Force (ETF) of the Passenger 
Safety Working Group of the Railroad Safety Advisory Committee (RSAC). 
Those standards were accepted by the full RSAC on June 14, 2013, (see 
``ETF_001-02--Proposed Ruletext for NPRM 1.docx,'' available on the 
RSAC Web site at https://rsac.fra.dot.gov/meetings/20130614.php.). 
Minutes of the June 14, 2013, RSAC meeting are available at https://rsac.fra.dot.gov/meetings/20131031.php.

[[Page 10209]]

    Amtrak proposes to use Tier III equipment on the NEC at speeds up 
to 160 mph (rather than the 220 mph maximum contemplated for Tier III 
equipment operating on dedicated right-of-way). In support of this 
request, Amtrak has submitted a review of NEC operating experience that 
Amtrak represents as demonstrating a high level of safety, supported by 
compliance with FRA safety regulations and existing risk mitigations 
undertaken as voluntary measures. Amtrak notes that Tier III trainsets 
would be operated at greater than Tier I speeds (i.e., above 125 mph) 
only on the fully grade-separated portions of the NEC in designated 
high-speed zones.
    In further support of its Tier III request, Amtrak has submitted 
the report of a semi-quantitative risk assessment and a description of 
specific safety mitigations designed to compensate for the differences 
in crashworthiness between equipment built to Tier II and Tier III 
standards. Amtrak asserts that, with the existing and proposed 
mitigations, Tier III equipment can be operated at a level of safety 
equivalent to, or better than, operations with Tier II equipment. 
Amtrak's petition and exhibits are available for reference in Docket 
Number FRA-2014-0124.
    Amtrak asserts that all of the relief requested is consistent with 
safety and in the public interest.
    Copies of the petitions, as well as any written communications 
concerning the petitions, are available for review online at 
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. If any interested party 
desires an opportunity for oral comment and a public hearing, 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 April 13, 2015 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on February 19, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-03763 Filed 2-24-15; 8:45 am]
BILLING CODE 4910-06-P

10208 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices Conductors. The request was assigned communications and comments II equipment under 49 CFR part 238 Docket Number FRA–2014–0127. The received into any of our dockets by the subpart E, at speeds up to 160 miles per relief is contingent on KRSM’s name of the individual submitting the hour (mph) in three speed zones where implementation of and participation in comment (or signing the document, if track conditions can support higher the Confidential Close Call Reporting submitted on behalf of an association, speeds than currently operated. As System (C3RS) pilot project. business, labor union, etc.). In discussed above, Amtrak’s earlier KRSM seeks to shield reporting accordance with 5 U.S.C. 553(c), DOT petition in Docket Number FRA–2013– employees and the railroad from solicits comments from the public to 0128 proposed the same speed increase mandatory punitive sanctions that better inform its processes. DOT posts for a segment of track in Rhode Island, would otherwise arise as provided in 49 these comments, without edit, including milepost (MP) AB 154.3 to MP AB CFR 240.117(e)(1)–(4); 240.305(a)(1)–(4) any personal information the 171.7. and (a)(6); 240.307; and 242.403(b), (c), commenter provides, to The new petition in Docket Number (e)(1)–(4), (e)(6)–(11), (f)(1)–(2). The www.regulations.gov, as described in FRA–2014–0124 adds a request for a C3RS pilot project encourages certified the system of records notice (DOT/ALL– 160 mph speed zone in Massachusetts operating crew members to report close 14 FDMS), which can be reviewed at (MP AB 194 to MP AB 204) and— calls and protects the employees and the www.dot.gov/privacy. See also http:// subject to completion of certain railroad from discipline or sanctions www.regulations.gov/#!privacyNotice infrastructure improvements—a 160 arising from the incidents reported per for the privacy notice of regulations.gov. mph speed zone in New Jersey (MP AN the C3RS Implementing Memorandum Issued in Washington, DC, on February 19, 33 to MP AB 55.5). of Understanding. 2015. In summary, Amtrak seeks a waiver of A copy of the petition, as well as any Ron Hynes, provisions in the ACSES Order and the written communications concerning the Director, Office of Technical Oversight. 150 mph limitation for Tier II petition, is available for review online at [FR Doc. 2015–03768 Filed 2–24–15; 8:45 am] equipment in the Passenger Equipment www.regulations.gov and in person at Safety Standards to permit operation up BILLING CODE 4910–06–P the U.S. Department of Transportation’s to 160 mph in each of these discrete (DOT) Docket Operations Facility, 1200 zones. Amtrak does not seek to use the New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION existing Acela trainsets at speeds higher Washington, DC 20590. The Docket than presently authorized elsewhere on Operations Facility is open from 9 a.m. Federal Railroad Administration the NEC. Amtrak notes that increasing to 5 p.m., Monday through Friday, speeds in the subject zones would be [Docket Numbers FRA–2014–0124 and except Federal Holidays. FRA–2013–0128] subject to special approvals qualifying Interested parties are invited to the existing Acela Tier II trainsets at the participate in these proceedings by Petition for Waiver of Compliance higher speed under 49 CFR part 213, submitting written views, data, or Track Safety Standards, and regulations comments. FRA does not anticipate In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), governing Positive Train Control, such scheduling a public hearing in as 49 CFR part 236, Rules, Standards, connection with these proceedings since this document provides the public notice that by a document dated and Instructions Governing the the facts do not appear to warrant a Installation, Inspection, Maintenance, hearing. If any interested party desires November 18, 2014, the National Railroad Passenger Corporation and Repair of Signal and Train Control an opportunity for oral comment, they Systems, Devices, and Appliances. With should notify FRA, in writing, before (Amtrak) petitioned the Federal Railroad Administration (FRA) for a FRA oversight, Amtrak has been the end of the comment period and conducting tests that, although not yet specify the basis for their request. waiver of compliance from certain provisions of the Federal railroad safety concluded, are intended by Amtrak to All communications concerning these regulations contained in 49 CFR, support qualification of the existing proceedings should identify the governing the operation of passenger trainsets and train control system for appropriate docket number and may be trains on the Northeast Corridor (NEC). 160 mph operation. Successful submitted by any of the following Relief was also requested from speed completion of these processes would be methods: necessary for Amtrak to use any relief • Web site: http:// limitations imposed by the Order of Particular Applicability for the related to the Acela service that might www.regulations.gov. Follow the online Advanced Civil Speed Enforcement be granted in this proceeding. instructions for submitting comments. • Fax: 202–493–2251. System (ACSES) Order. [FRA Docket Secondly, in Docket Number FRA– • Mail: Docket Operations Facility, No. 87–2, Notice No. 7; 63 FR 39343; 2014–0124, Amtrak requests approval to U.S. Department of Transportation, 1200 July 28, 1998]. FRA assigned the operate, on the ‘‘spine’’ of the NEC New Jersey Avenue SE., W12–140, petition Docket Number FRA–2014– between Washington, DC and Boston, Washington, DC 20590. 0124. new trainsets that would be built to • Hand Delivery: 1200 New Jersey Amtrak’s petition incorporated by ‘‘Tier III’’ standards proposed by the Avenue SE., Room W12–140, reference a prior request for relief in second Engineering Task Force (ETF) of Washington, DC 20590, between 9 a.m. Docket Number FRA–2013–0128 (see 79 the Passenger Safety Working Group of and 5 p.m., Monday through Friday, FR 8238; Feb. 11, 2014). Accordingly, the Railroad Safety Advisory Committee additional comments may be submitted (RSAC). Those standards were accepted asabaliauskas on DSK5VPTVN1PROD with NOTICES except Federal Holidays. Communications received within regarding the petition in Docket Number by the full RSAC on June 14, 2013, (see April 13, 2015 of the date of this notice FRA–2013–0128 as well as on the new ‘‘ETF_001–02—Proposed Ruletext for will be considered by FRA before final petition in FRA–2014–0124. NPRM 1.docx,’’ available on the RSAC action is taken. Comments received after The Amtrak petitions address two Web site at https://rsac.fra.dot.gov/ that date will be considered as far as distinct requests. First, both petitions meetings/20130614.php.). Minutes of practicable. request permission to operate existing the June 14, 2013, RSAC meeting are Anyone is able to search the Acela trainsets, built in compliance available at https://rsac.fra.dot.gov/ electronic form of any written with the specific requirements for Tier meetings/20131031.php. VerDate Sep<11>2014 18:05 Feb 24, 2015 Jkt 235001 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 E:\FR\FM\25FEN1.SGM 25FEN1

Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10209 Amtrak proposes to use Tier III New Jersey Avenue SE., W12–140, This request for nominations, equipment on the NEC at speeds up to Washington, DC 20590. particularly from tribal leaders, is in 160 mph (rather than the 220 mph Hand Delivery: 1200 New Jersey furtherance of the objectives of maximum contemplated for Tier III Avenue SE., Room W12–140, Executive Order 13175 under which equipment operating on dedicated right- Washington, DC 20590, between 9 a.m. Treasury consults with tribal officials in of-way). In support of this request, and 5 p.m., Monday through Friday, the development of federal policies that Amtrak has submitted a review of NEC except Federal Holidays. have tribal implications, to reinforce the operating experience that Amtrak Communications received by April United States government-to- represents as demonstrating a high level 13, 2015 will be considered by FRA government relationships with Indian of safety, supported by compliance with before final action is taken. Comments tribes and to reduce the imposition of FRA safety regulations and existing risk received after that date will be unfunded mandates upon Indian tribes. mitigations undertaken as voluntary considered as far as practicable. DATES: Please submit the names and measures. Amtrak notes that Tier III Anyone is able to search the qualifications of individuals you would trainsets would be operated at greater electronic form of any written recommend for appointment to the than Tier I speeds (i.e., above 125 mph) communications and comments TTAC by the Secretary, applications for only on the fully grade-separated received into any of our dockets by the appointment by the Secretary to the portions of the NEC in designated high- name of the individual submitting the TTAC or comments on this matter, speed zones. comment (or signing the document, if before April 28, 2015. In further support of its Tier III submitted on behalf of an association, ADDRESSES: Please send request, Amtrak has submitted the business, labor union, etc.). In recommendations and applications to report of a semi-quantitative risk accordance with 5 U.S.C. 553(c), DOT tribal.consult@treasury.gov, with a solicits comments from the public to assessment and a description of specific subject line ‘‘Treasury Tribal Advisory better inform its processes. DOT posts safety mitigations designed to Committee member recommendation or these comments, without edit, including compensate for the differences in application.’’ We will accept any personal information the applications for Secretarial crashworthiness between equipment commenter provides, to appointments until April 28, 2015. Self- built to Tier II and Tier III standards. www.regulations.gov, as described in nominations are welcome. Amtrak asserts that, with the existing the system of records notice (DOT/ALL– and proposed mitigations, Tier III FOR FURTHER INFORMATION CONTACT: 14 FDMS), which can be reviewed at equipment can be operated at a level of Elaine Buckberg, Deputy Assistant www.dot.gov/privacy. See also http:// safety equivalent to, or better than, Secretary for Policy Coordination and www.regulations.gov/#!privacyNotice operations with Tier II equipment. Point of Contact for Tribal Consultation, for the privacy notice of regulations.gov. Amtrak’s petition and exhibits are Department of the Treasury, at available for reference in Docket Issued in Washington, DC, on February 19, tribal.consult@treasury.gov or 202–622– Number FRA–2014–0124. 2015. 2200. Please use the subject line Amtrak asserts that all of the relief Ron Hynes, ‘‘Treasury Tribal Advisory Committee’’ requested is consistent with safety and Director, Office of Technical Oversight. in email correspondence. in the public interest. [FR Doc. 2015–03763 Filed 2–24–15; 8:45 am] SUPPLEMENTARY INFORMATION: Copies of the petitions, as well as any BILLING CODE 4910–06–P written communications concerning the Introduction and Background petitions, are available for review online I. Description and Mandate of the at www.regulations.gov and in person at DEPARTMENT OF THE TREASURY TTAC the U.S. Department of Transportation’s The TGWEA, signed into law by (DOT) Docket Operations Facility, 1200 Call for Nominations for Treasury President Obama on September 26, New Jersey Avenue SE., W12–140, Secretary Appointments to Tribal 2014, requires that Treasury establish Washington, DC 20590. The Docket Advisory Committee the TTAC. Committee members will Operations Facility is open from 9 a.m. AGENCY: Departmental Offices, Treasury. advise the Secretary on matters related to 5 p.m., Monday through Friday, to the taxation of Indians, the training ACTION: Notice. except Federal Holidays. of Service field agents who administer Interested parties are invited to SUMMARY: The Treasury Department and enforce internal revenue laws with participate in these proceedings by (‘‘Treasury’’) seeks nominations for respect to Indian tribes, and the submitting written views, data, or appointments by the Secretary of the provision of training and technical comments. If any interested party Treasury (‘‘Secretary’’) to the Treasury assistance to Native American financial desires an opportunity for oral comment Tribal Advisory Committee (TTAC), officers. The Secretary will appoint and a public hearing, they should notify established pursuant to the Tribal three Committee members; the Chairs FRA, in writing, before the end of the General Welfare Exclusion Act of 2014 and Ranking Members of the Senate comment period and specify the basis (Pub. L. 113–168, or TGWEA). The Finance Committee and House of for their request. TTAC will advise the Secretary on Representative Ways and Means All communications concerning these matters related to the taxation of Committee will each appoint one proceedings should identify the Indians, training and education for member. The TTAC Charter has been appropriate docket number and may be Internal Revenue Service (‘‘Service’’) filed; a copy of the Charter is posted at asabaliauskas on DSK5VPTVN1PROD with NOTICES submitted by any of the following field agents who administer and enforce http://www.treasury.gov/resource- methods: internal revenue laws with respect to center/economic-policy/tribal-policy/ Web site: http://www.regulations.gov. Indian tribes; and training and technical Documents/TTAC%20Charter%202-10- Follow the online instructions for assistance for tribal financial officers. 15.pdf. submitting comments. Nominations should describe the Recommendations for the four Fax: 202–493–2251. candidate’s qualifications for TTAC Congressional appointments to the Mail: Docket Operations Facility, U.S. membership. Submittal of an TTAC should be directed to the offices Department of Transportation, 1200 application and resume is required. of the four Members of Congress VerDate Sep<11>2014 18:05 Feb 24, 2015 Jkt 235001 PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 E:\FR\FM\25FEN1.SGM 25FEN1


Document Created: 2015-12-18 13:08:55
Document Modified: 2015-12-18 13:08:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 10208 
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