80_FR_13508 80 FR 13459 - Petition for Waiver of Compliance

80 FR 13459 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13459-13460
FR Document2015-05752

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13459-13460]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05752]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0013]


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 January 26, 2015, the Illinois Railway Museum (IRM) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations. Specifically, IRM requests relief from certain provisions 
of 49 CFR part 230, Steam Locomotive Inspection and Maintenance 
Standards. FRA assigned the petition Docket Number FRA-2015-0013.
    IRM is a railroad museum that maintains and operates Number 1630, a 
2-10-0 ``Decapod'' type steam locomotive built by Baldwin Locomotive 
Works in 1918. IRM typically operates Number 1630 for 31 or fewer 
service days per year and expects to do so for the future. IRM requests 
relief from performing the fifth annual inspection as it pertains to 
the inspection of flexible staybolt caps every 5 years as required by 
49 CFR 230.41(a), and requests to extend the inspection interval to 
2,760 calendar days (7.5 years) after the locomotive entered service on 
May 24, 2014. IRM will perform all other inspections as required by 49 
CFR 230.16, Annual inspection. IRM's justification for requesting this 
relief is that the current level of safety would be maintained due to 
the low number of service days accrued in this engine since the last 
flexible staybolt cap inspection. There will be a significant cost 
savings as the IRM shop forces would not be required to remove the cab, 
piping, jacketing, and insulation to gain access to the caps to perform 
the flexible staybolt cap inspection.
    A copy of the petition, as well as any written communications 
concerning the petition, is 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. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since

[[Page 13460]]

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 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 27, 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 March 10, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-05752 Filed 3-12-15; 8:45 am]
BILLING CODE 4910-06-P



                                                                                  Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices                                            13459

                                                  DATES:  Comments must be received by                    procedures found in 23 U.S.C. 139                     DEPARTMENT OF TRANSPORTATION
                                                  May 12, 2015. Late filed comments will                  (Section 139), which contains statutory
                                                  be considered to the extent practicable.                requirements supplemental to the                      Federal Railroad Administration
                                                  ADDRESSES: You may submit comments                      process required by NEPA, the Council                 [Docket Number FRA–2015–0013]
                                                  to Docket No. FHWA–2015–0001 by any                     on Environmental Quality regulations at
                                                  of the following methods:                               40 CFR 1500, and the FHWA/FTA joint                   Petition for Waiver of Compliance
                                                    Federal eRulemaking Portal: Go to                     environmental regulations at 23 CFR
                                                  www.regulations.gov and follow the                                                                               In accordance with Part 211 of Title
                                                                                                          part 771. Section 139 provides the roles
                                                  online instructions for submitting                                                                            49 Code of Federal Regulations (CFR),
                                                                                                          of the project sponsor and the lead,
                                                  comments.                                                                                                     this document provides the public
                                                                                                          participating, and cooperating agencies;              notice that by a document dated January
                                                    Mail: Docket Management Facility:                     sets requirements for coordinating and
                                                  U.S. Department of Transportation, 1200                                                                       26, 2015, the Illinois Railway Museum
                                                                                                          scheduling agency reviews; identifies                 (IRM) has petitioned the Federal
                                                  New Jersey Avenue SE., West Building                    the authority of States to use Federal
                                                  Ground Floor, Room W12–140,                                                                                   Railroad Administration (FRA) for a
                                                                                                          funding to ensure timely environmental                waiver of compliance from certain
                                                  Washington, DC 20590–0001.
                                                    Hand Delivery or Courier: West                        reviews; specifies a process for resolving            provisions of the Federal railroad safety
                                                  Building Ground Floor, Room W12–140,                    interagency disagreements; and                        regulations. Specifically, IRM requests
                                                  1200 New Jersey Avenue SE.,                             establishes a statute of limitations on               relief from certain provisions of 49 CFR
                                                  Washington, DC, between 8:30 a.m. and                   claims against transportation projects.               part 230, Steam Locomotive Inspection
                                                  4:30 p.m. e.t., Monday through Friday,                  The MAP–21 amended Section 139 by                     and Maintenance Standards. FRA
                                                  except Federal holidays.                                emphasizing a framework for setting                   assigned the petition Docket Number
                                                    Fax: (202) 493–2251.                                  deadlines for decisionmaking in the                   FRA–2015–0013.
                                                    Instructions: You must include the                    environmental review process;                            IRM is a railroad museum that
                                                  agency name (Federal Highway                            modifying the process for issue                       maintains and operates Number 1630, a
                                                  Administration or Federal Transit                       resolution and referral; establishing                 2–10–0 ‘‘Decapod’’ type steam
                                                  Administration) and the Docket Number                   penalties for Federal agencies that do                locomotive built by Baldwin
                                                  of this notice at the beginning of your                 not make a timely decision; and,                      Locomotive Works in 1918. IRM
                                                  comments. Note that all comments                                                                              typically operates Number 1630 for 31
                                                                                                          providing an option for complex
                                                  received will be posted without change                                                                        or fewer service days per year and
                                                                                                          projects stalled in the environmental                 expects to do so for the future. IRM
                                                  to www.regulations.gov, including any                   review process to receive technical
                                                  personal information provided. You                                                                            requests relief from performing the fifth
                                                                                                          assistance with a goal of completing the              annual inspection as it pertains to the
                                                  may review DOT’s complete Privacy Act                   environmental review process (i.e.,
                                                  Statement published in the Federal                                                                            inspection of flexible staybolt caps
                                                                                                          issuance of a record of decision (ROD))               every 5 years as required by 49 CFR
                                                  Register on April 11, 2000 (65 FR                       within 4 years. In addition, MAP–21
                                                  19477).                                                                                                       230.41(a), and requests to extend the
                                                                                                          mandated the combination of the Final                 inspection interval to 2,760 calendar
                                                  FOR FURTHER INFORMATION CONTACT:    For                 Environmental Impact Statement and                    days (7.5 years) after the locomotive
                                                  the FHWA: Neel Vanikar, Office of                       ROD into one document under certain                   entered service on May 24, 2014. IRM
                                                  Project Development and Environmental                   circumstances, to the maximum extent                  will perform all other inspections as
                                                  Review, (202) 366–2068, or Jomar                        practicable, although that process                    required by 49 CFR 230.16, Annual
                                                  Maldonado, Office of Chief Counsel,                     change was not codified in Section 139.               inspection. IRM’s justification for
                                                  (202) 366–1373. For FTA: Chris Van                                                                            requesting this relief is that the current
                                                  Wyk, Office of Environmental Programs,                     The Agencies request comments on
                                                                                                                                                                level of safety would be maintained due
                                                  (202) 366–1733, or Helen Serassio,                      the revised guidance, which is available
                                                                                                                                                                to the low number of service days
                                                  Office of Chief Counsel, (202) 366–1974.                in the docket (FHWA–2015–0001) and                    accrued in this engine since the last
                                                  The FHWA and FTA are located at 1200                    on FHWA’s and FTA’s MAP–21 Web                        flexible staybolt cap inspection. There
                                                  New Jersey Avenue SE., Washington,                      sites. The Agencies will respond to                   will be a significant cost savings as the
                                                  DC 20590. Office hours are from 9:00                    comments received on the guidance in                  IRM shop forces would not be required
                                                  a.m. to 5:00 p.m. ET, Monday through                    a second Federal Register notice, to be               to remove the cab, piping, jacketing, and
                                                  Friday, except Federal holidays.                        published after the close of the                      insulation to gain access to the caps to
                                                  SUPPLEMENTARY INFORMATION:                              comment period. That second notice                    perform the flexible staybolt cap
                                                                                                          will also announce the availability of                inspection.
                                                  Background                                              final guidance that reflects any changes                 A copy of the petition, as well as any
                                                    The FHWA and FTA, hereafter                           implemented as a result of comments                   written communications concerning the
                                                  referred to as the ‘‘Agencies,’’ are                    received.                                             petition, is available for review online at
                                                  proposing the issuance of revised joint                   Authority: 23 U.S.C. 139; Pub. L. 112–141,
                                                                                                                                                                www.regulations.gov and in person at
                                                  guidance on the environmental review                    126 Stat. 551.
                                                                                                                                                                the U.S. Department of Transportation’s
                                                  process based on revisions to 23 U.S.C.                                                                       (DOT) Docket Operations Facility, 1200
                                                  139 (Efficient environmental rules for                    Issued on: February 27, 2015.                       New Jersey Avenue SE., W12–140,
                                                  project decisionmaking) by various                      Gregory G. Nadeau,                                    Washington, DC 20590. The Docket
                                                  MAP–21 provisions. The proposed                         Deputy Administrator, Federal Highway                 Operations Facility is open from 9 a.m.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  guidance would update and supersede                     Administration.                                       to 5 p.m., Monday through Friday,
                                                  the Safe, Accountable, Flexible,                        Therese W. McMillan,                                  except Federal Holidays.
                                                  Efficient Transportation Equity Act: A                                                                           Interested parties are invited to
                                                                                                          Acting Administrator, Federal Transit
                                                  Legacy for Users (SAFETEA–LU)                                                                                 participate in these proceedings by
                                                                                                          Administration.
                                                  Environmental Review Process Final                                                                            submitting written views, data, or
                                                                                                          [FR Doc. 2015–05786 Filed 3–12–15; 8:45 am]
                                                  Guidance issued on November 16, 2006.                                                                         comments. FRA does not anticipate
                                                    The MAP–21 added requirements and                     BILLING CODE 4910–22–P                                scheduling a public hearing in
                                                  refinements to the project development                                                                        connection with these proceedings since


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                                                  13460                           Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

                                                  the facts do not appear to warrant a                    ACTION:   Notice of final disposition.                   The Agency reviews safety analyses
                                                  hearing. If any interested party desires                                                                      and public comments submitted, and
                                                  an opportunity for oral comment, they                   SUMMARY:    The Federal Motor Carrier                 determines whether granting the
                                                  should notify FRA, in writing, before                   Safety Administration (FMCSA)                         exemption would likely achieve a level
                                                  the end of the comment period and                       announces its decision to grant Volvo/                of safety equivalent to, or greater than,
                                                  specify the basis for their request.                    Prevost, LLC’s (Volvo/Prevost)                        the level that would be achieved by the
                                                    All communications concerning these                   application for a limited two-year                    current regulation (49 CFR 381.305).
                                                  proceedings should identify the                         exemption from 49 CFR 393.60(e)(1) on                 The decision of the Agency must be
                                                  appropriate docket number and may be                    behalf of motor carriers that will be                 published in the Federal Register (49
                                                  submitted by any of the following                       operating commercial motor vehicles                   CFR 381.315(b)) with the reasons for
                                                  methods:                                                (CMV) manufactured by the company to                  denying or granting the application and,
                                                    • Web site: http://                                   use lane departure warning (LDW)                      if granted, the name of the person or
                                                  www.regulations.gov. Follow the online                  systems mounted in the windshield area                class of persons receiving the
                                                  instructions for submitting comments.                   at a height lower than what is currently              exemption, and the regulatory provision
                                                    • Fax: 202–493–2251.                                  allowed by the regulation. The LDW                    from which the exemption is granted.
                                                    • Mail: Docket Operations Facility,                   system alerts drivers who                             The notice must also specify the
                                                  U.S. Department of Transportation, 1200                 unintentionally drift out of their lane of            effective period and explain the terms
                                                  New Jersey Avenue SE., W12–140,                         travel, thus promoting improved safety                and conditions of the exemption. The
                                                  Washington, DC 20590.                                   performance. The Agency has                           exemption may be renewed (49 CFR
                                                    • Hand Delivery: 1200 New Jersey                      determined that the placement of the                  381.300(b)).
                                                  Avenue SE., Room W12–140,                               LDW system camera in the windshield
                                                  Washington, DC 20590, between 9 a.m.                    area would not have an adverse impact                 Volvo/Prevost’s Application for
                                                  and 5 p.m., Monday through Friday,                      on safety and that the terms and                      Exemption
                                                  except Federal Holidays.                                conditions of the exemption would                        Volvo/Prevost applied for an
                                                    Communications received by April                      achieve a level of safety equivalent to or            exemption from 49 CFR 393.60(e)(1) to
                                                  27, 2015 will be considered by FRA                      greater than the level of safety provided             allow the installation of an LDW system
                                                  before final action is taken. Comments                  by the regulation.                                    on motorcoaches purchased by its
                                                  received after that date will be                        DATES: This exemption is effective from               customers. A copy of the application is
                                                  considered as far as practicable.                       March 13, 2015 through March 13, 2017.                included in the docket referenced at the
                                                    Anyone is able to search the                          FOR FURTHER INFORMATION CONTACT: Mr.                  beginning of this notice.
                                                  electronic form of any written                          Mike Huntley, Vehicle and Roadside                       Section 393.60(e)(1) of the FMCSRs
                                                  communications and comments                             Operations Division, Office of Carrier,               prohibits the obstruction of the driver’s
                                                  received into any of our dockets by the                 Driver, and Vehicle Safety, MC–PSV,                   field of view by devices mounted at the
                                                  name of the individual submitting the                   (202) 366–4325, Federal Motor Carrier                 top of the windshield. Antennas,
                                                  comment (or signing the document, if                    Safety Administration, 1200 New Jersey                transponders and similar devices must
                                                  submitted on behalf of an association,                  Avenue SE., Washington, DC 20590–                     not be mounted more than 152 mm (6
                                                  business, labor union, etc.). In                        0001.                                                 inches) below the upper edge of the
                                                  accordance with 5 U.S.C. 553(c), DOT                       Docket: For access to the docket to                windshield. These devices must be
                                                  solicits comments from the public to                    read background documents or                          located outside the area swept by the
                                                  better inform its processes. DOT posts                  comments submitted to the notice                      windshield wipers and outside the
                                                  these comments, without edit, including                 requesting public comments on the                     driver’s sight lines to the road and
                                                  any personal information the                            exemption application, go to                          highway signs and signals.
                                                  commenter provides, to                                  www.regulations.gov at any time or visit                 The application stated:
                                                  www.regulations.gov, as described in                    Room W12–140 on the ground level of                      Volvo/Prevost is making this request so it
                                                  the system of records notice (DOT/ALL–                  the West Building, 1200 New Jersey                    is possible to introduce a Lane Departure
                                                  14 FDMS), which can be reviewed at                      Avenue SE., Washington, DC, between 9                 Warning system in line with [the] NHTSA
                                                  www.dot.gov/privacy. See also http://                   a.m. and 5 p.m., ET, Monday through                   Bus Safety plan as it already did for several
                                                  www.regulations.gov/#!privacyNotice                     Friday, except Federal holidays. The on-              other safety features. The camera must be
                                                  for the privacy notice of regulations.gov.              line Federal document management                      installed in the wiper swept area of [the]
                                                                                                          system is available 24 hours each day,                windshield for the system to perform
                                                    Issued in Washington, DC, on March 10,                                                                      correctly because it must have a clear
                                                  2015.                                                   365 days each year. The docket number                 forward facing view of the road. On a today’s
                                                  Ron Hynes,                                              is listed at the beginning of this notice.            typical coach the lower part of the
                                                  Director, Office of Technical Oversight.                SUPPLEMENTARY INFORMATION:                            windshield is outside the driver’s sight lines
                                                                                                                                                                to the road and highway signs and signals
                                                  [FR Doc. 2015–05752 Filed 3–12–15; 8:45 am]             Background                                            which is different from a truck. Therefore, we
                                                  BILLING CODE 4910–06–P                                                                                        request the installation of the camera on the
                                                                                                             FMCSA has authority under 49 U.S.C.
                                                                                                          31136(e) and 31315 to grant exemptions                lower part of the windshield within the
                                                                                                          from certain parts of the Federal Motor               bottom 7 inches of the wiper swept area.
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                          Carrier Safety Regulations (FMCSR).                      In addition, Volvo/Prevost noted that
                                                  Federal Motor Carrier Safety                            FMCSA must publish a notice of each                   without the proposed temporary
                                                  Administration                                          exemption request in the Federal                      exemption, it would not be able to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Register (49 CFR 381.315(a)). The                     deploy the LDW system in
                                                  [Docket No. FMCSA–2013–0386]                            Agency must provide the public an                     motorcoaches because (1) its customers
                                                                                                          opportunity to inspect the information                would be fined for violating the current
                                                  Parts and Accessories Necessary for
                                                                                                          relevant to the application, including                regulation, (2) the LDW system would
                                                  Safe Operation; Grant of Temporary
                                                                                                          any safety analyses that have been                    not perform adequately and would not
                                                  Exemption for Volvo/Prevost LLC
                                                                                                          conducted. The Agency must also                       bring the safety benefits expected, and
                                                  AGENCY:Federal Motor Carrier Safety                     provide an opportunity for public                     (3) the camera would be more in the
                                                  Administration (FMCSA), DOT.                            comment on the request.                               field of view of the driver. Volvo/


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Document Created: 2015-12-18 11:41:58
Document Modified: 2015-12-18 11:41:58
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 13459 

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