80 FR 13462 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 80, Issue 49 (March 13, 2015)
Federal Railroad Administration
Federal Register Volume 80, Issue 49 (March 13, 2015)
| Page Range | 13462-13463 | |
| FR Document | 2015-05753 |
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)] [Notices] [Pages 13462-13463] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05753] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2015-0015] 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 February 16, 2015, Sonoma-Marin Area Rail Transit District (SMART) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 236, Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance and Repair of Signal and Train Control Systems, Devices, and Appliances. FRA assigned the petition Docket Number FRA-2015-0015. Specifically, SMART seeks temporary relief from the requirements of 49 CFR 236.0, Applicability, minimum [[Page 13463]] requirements, and penalties. SMART proposes to perform acceptance testing of new Diesel Multiple Units (DMU), at speeds of up to 79 mph on trackage without a block signal system, as required in 49 CFR 236.0(c)(2). SMART is scheduled to receive its pilot two-car set of DMUs in February 2015. SMART's Enhanced Automatic Train Control (E-ATC) system is not scheduled to be commissioned until 2016. SMART seeks permission to perform limited non-revenue testing of its new fleet of DMUs at a speed not to exceed 79 mph, solely on a remote 6.3-mile segment of track, absent the installation of a block signal system. SMART is seeking to perform testing under this temporary waiver until its E-ATC system is fully commissioned. SMART has submitted a test plan with its petition, outlining the safety procedures which would be in place during the testing. 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 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 of Technical Oversight. [FR Doc. 2015-05753 Filed 3-12-15; 8:45 am] BILLING CODE 4910-06-P
![13462 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices
In addition, this notice announces hazardous materials, and noise; will Drinking Water Act (SDWA) [42 U.S.C.
actions taken by FHWA and other displace fewer residences; will have the 300(f)–300(j)(6)]; Rivers and Harbors Act
Federal agencies that are final within lowest impact on total tax revenues of of 1899 [33 U.S.C. 401–406]; Wild and
the meaning of 23 U.S.C. 139(l)(1). The local governments; will have lower Scenic Rivers Act [16 U.S.C. 1271–
actions relate to the design and construction costs; will cause less 1287]; Emergency Wetlands Resources
construction of the Selected Alternative construction disruption overall to Act [16 U.S.C. 3921, 3931]; Flood
for the South Mountain Freeway project. Interstate 10 (Papago Freeway); will Disaster Protection Act [42 U.S.C. 4001–
Those actions grant licenses, permits, mitigate impacts and provide measures 4128].
and approvals for the project. to minimize harm; represents all 8. Water: Clean Water Act 33 U.S.C.
DATES: By this notice, FHWA is advising possible planning to minimize harm to 1251–1387.
the public of final agency actions resources receiving protection under 9. Executive Orders: E.O. 11990
subject to 23 U.S.C. 139(l)(1). A claim Section 4(f); is favored by the majority Protection of Wetlands; E.O. 11988
seeking judicial review of the Federal of local governments; and will allow Floodplain Management; E.O. 12898,
agency actions on the highway project regulatory permitting requirements to be Federal Actions to Address
will be barred unless the claim is filed met. Environmental Justice in Minority
on or before August 10, 2015. If the The actions by the Federal agencies, Populations and Low Income
Federal law that authorizes judicial and the laws under which such actions Populations; E.O. 11593 Protection and
review of a claim provides a time period were taken, are described in the Draft Enhancement of Cultural Resources;
of less than 150 days for filing such Environmental Impact Statement E.O. 13007 Indian Sacred Sites; E.O.
claim, then that shorter time period still approved April 16, 2013, FEIS for the 13287 Preserve America; E.O. 13175
applies. project, approved on September 18, Consultation and Coordination with
FOR FURTHER INFORMATION CONTACT: Mr. 2014, in the FHWA ROD issued on Indian Tribal Governments; E.O. 11514
Alan Hansen, Team Leader Planning, March 5, 2015, and in other documents Protection and Enhancement of
Environment, Air Quality, and Realty in the FHWA administrative record. Environmental Quality; E.O. 13112
Team, Federal Highway Administration, Project decision documents are also Invasive Species.
4000 N. Central Avenue, Suite 1500, available online at: azdot.gov/
(Catalog of Federal Domestic Assistance
Phoenix, Arizona 85012–3500; southmountainfreeway. Program Number 20.205, Highway Planning
telephone: (602) 379–3646, fax: (602) This notice applies to all Federal and Construction. The regulations
382–8998, email: Alan.Hansen@dot.gov. agency decisions as of the issuance date implementing Executive Order 12372
The FHWA Arizona Division Office’s of this notice and all laws under which regarding intergovernmental consultation on
normal business hours are 7:30 a.m. to such actions were taken, including but Federal programs and activities apply to this
4 p.m. (Mountain Standard Time). not limited to: program.)
You may also contact: Ms. Rebecca 1. General: National Environmental Authority: 23 U.S.C. 139(l)(1).
Yedlin, Environmental Coordinator, Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23 Issued on: March 9, 2015.
Federal Highway Administration, 4000 Karla S. Petty,
N. Central Avenue, Suite 1500, Phoenix, U.S.C. 109].
2. Air: Clean Air Act [42 U.S.C. 7401– Arizona Division Administrator, Phoenix,
Arizona 85012–3500; telephone: (602) Arizona.
7671(q)].
379–3646, fax: (602) 382–8998, email: 3. Land: Section 4(f) of the US [FR Doc. 2015–05769 Filed 3–12–15; 8:45 am]
Rebecca.Yedlin@dot.gov. Department of Transportation Act of BILLING CODE 4910–13–P
SUPPLEMENTARY INFORMATION: Notice is 1966 [49 U.S.C. 303]; Landscaping and
hereby given that FHWA and other Scenic Enhancement (Wildflowers) [23
Federal agencies have taken final agency U.S.C. 319]. DEPARTMENT OF TRANSPORTATION
actions by issuing licenses, permits, and 4. Wildlife: Endangered Species Act
approvals for the following project in [16 U.S.C. 1531–1544 and Section Federal Railroad Administration
the State of Arizona: South Mountain 1536], Marine Mammal Protection Act
Freeway (Loop 202), Interstate 10 [Docket Number FRA–2015–0015]
[16 U.S.C. 1361], Fish and Wildlife
(Papago Freeway) to Interstate 10 Coordination Act [16 U.S.C. 661– Petition for Waiver of Compliance
(Maricopa Freeway). The FHWA has 667(d)], Migratory Bird Treaty Act [16
decided to identify the Preferred U.S.C. 703–712]. In accordance with Part 211 of Title
Alternative analyzed in the South 5. Historic and Cultural Resources: 49 Code of Federal Regulations (CFR),
Mountain Freeway (Loop 202) Final Section 106 of the National Historic this document provides the public
Environmental Impact Statement and Preservation Act of 1966, as amended notice that by a document dated
Section 4(f) Evaluation (FEIS) as the [16 U.S.C. 470(f) et seq.]; Archeological February 16, 2015, Sonoma-Marin Area
Selected Alternative for the South Resources Protection Act of 1977 [16 Rail Transit District (SMART) has
Mountain Freeway project in Phoenix, U.S.C. 470(aa)–11]; Archeological and petitioned the Federal Railroad
Arizona, and to proceed with its Historic Preservation Act [16 U.S.C. Administration (FRA) for a waiver of
construction. The Selected Alternative 469–469(c)]; Native American Grave compliance from certain provisions of
discussed in the ROD for the project is Protection and Repatriation Act the Federal railroad safety regulations
the environmentally preferable (NAGPRA) [25 U.S.C. 3001–3013]. contained at 49 CFR part 236, Rules,
alternative. The Selected Alternative 6. Social and Economic: Civil Rights Standards, and Instructions Governing
mstockstill on DSK4VPTVN1PROD with NOTICES
will meet the project needs as well as or Act of 1964 [42 U.S.C. 2000(d)– the Installation, Inspection,
better than the other alternatives, and 2000(d)(1)]; American Indian Religious Maintenance and Repair of Signal and
was determined to be the only prudent Freedom Act [42 U.S.C. 1996]; Farmland Train Control Systems, Devices, and
and feasible alternative in the eastern Protection Policy Act (FPPA) [7 U.S.C. Appliances. FRA assigned the petition
project area during the Section 4(f) 4201–4209]. Docket Number FRA–2015–0015.
evaluation. The Selected Alternative 7. Wetlands and Water Resources: Specifically, SMART seeks temporary
will have similar environmental effects Land and Water Conservation Fund relief from the requirements of 49 CFR
on natural resources, cultural resources, (LWCF) [16 U.S.C. 4601–4604]; Safe 236.0, Applicability, minimum
VerDate Sep<11>2014 19:27 Mar 12, 2015 Jkt 235001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1](https://thefederalregister.org/doc/80_FR_13511/page/1.svg)
![Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13463
requirements, and penalties. SMART received after that date will be www.regulations.gov and in person at
proposes to perform acceptance testing considered as far as practicable. the U.S. Department of Transportation’s
of new Diesel Multiple Units (DMU), at Anyone is able to search the (DOT) Docket Operations Facility, 1200
speeds of up to 79 mph on trackage electronic form of any written New Jersey Avenue, SE., W12–140,
without a block signal system, as communications and comments Washington, DC 20590. The Docket
required in 49 CFR 236.0(c)(2). received into any of our dockets by the Operations Facility is open from 9 a.m.
SMART is scheduled to receive its name of the individual submitting the to 5 p.m., Monday through Friday,
pilot two-car set of DMUs in February comment (or signing the document, if except Federal Holidays.
2015. SMART’s Enhanced Automatic submitted on behalf of an association,
Train Control (E–ATC) system is not business, labor union, etc.). In Interested parties are invited to
scheduled to be commissioned until accordance with 5 U.S.C. 553(c), DOT participate in these proceedings by
2016. SMART seeks permission to solicits comments from the public to submitting written views, data, or
perform limited non-revenue testing of better inform its processes. DOT posts comments. FRA does not anticipate
its new fleet of DMUs at a speed not to these comments, without edit, including scheduling a public hearing in
exceed 79 mph, solely on a remote 6.3- any personal information the connection with these proceedings since
mile segment of track, absent the commenter provides, to the facts do not appear to warrant a
installation of a block signal system. www.regulations.gov, as described in hearing. If any interested party desires
SMART is seeking to perform testing the system of records notice (DOT/ALL– an opportunity for oral comment, they
under this temporary waiver until its E– 14 FDMS), which can be reviewed at should notify FRA, in writing, before
ATC system is fully commissioned. www.dot.gov/privacy. See also http:// the end of the comment period and
SMART has submitted a test plan www.regulations.gov/#!privacyNotice specify the basis for their request.
with its petition, outlining the safety for the privacy notice of regulations.gov. All communications concerning these
procedures which would be in place Issued in Washington, DC, on March 10, proceedings should identify the
during the testing. 2015. appropriate docket number and may be
A copy of the petition, as well as any Ron Hynes, submitted by any of the following
written communications concerning the Director of Technical Oversight. methods:
petition, is available for review online at
www.regulations.gov and in person at
[FR Doc. 2015–05753 Filed 3–12–15; 8:45 am] • Web site: http://
BILLING CODE 4910–06–P www.regulations.gov. Follow the online
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200 instructions for submitting comments.
New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION • Fax: 202–493–2251.
Washington, DC 20590. The Docket
• Mail: Docket Operations Facility,
Operations Facility is open from 9 a.m. Federal Railroad Administration
to 5 p.m., Monday through Friday, U.S. Department of Transportation, 1200
except Federal Holidays. [Docket Number FRA–2003–16203] New Jersey Avenue SE., W12–140,
Interested parties are invited to Washington, DC 20590.
Petition for Waiver of Compliance • Hand Delivery: 1200 New Jersey
participate in these proceedings by
submitting written views, data, or In accordance with Part 211 of Title Avenue, SE., Room W12–140,
comments. FRA does not anticipate 49 Code of Federal Regulations (CFR), Washington, DC 20590, between 9 a.m.
scheduling a public hearing in this document provides the public and 5 p.m., Monday through Friday,
connection with these proceedings since notice that by a document dated January except Federal Holidays.
the facts do not appear to warrant a 9, 2015, Norfolk Southern Railway (NS) Communications received by April
hearing. If any interested party desires has petitioned the Federal Railroad 27, 2015 will be considered by FRA
an opportunity for oral comment, they Administration (FRA) for a waiver of before final action is taken. Comments
should notify FRA, in writing, before compliance from certain provisions of received after that date will be
the end of the comment period and the Federal railroad safety regulations
specify the basis for their request. considered as far as practicable.
contained at 49 CFR parts 215, Railroad
All communications concerning these Freight Car Safety Standards, 231, Anyone is able to search the
proceedings should identify the Railroad Safety Appliance Standards, electronic form of any written
appropriate docket number and may be and 232, Brake System Safety Standards communications and comments
submitted by any of the following for Freight and Other Non-Passenger received into any of our dockets by the
methods: Trains and Equipment; End-of-Train name of the individual submitting the
• Web site: http:// Devices, regarding the operation of comment (or signing the document, if
www.regulations.gov. Follow the online RoadRailer/RailRunner equipment on submitted on behalf of an association,
instructions for submitting comments. NS in Triple Crown Service. FRA business, labor union, etc.). In
• Fax: 202–493–2251. assigned the petition Docket Number accordance with 5 U.S.C. 553(c), DOT
• Mail: Docket Operations Facility, FRA–2003–16203. solicits comments from the public to
U.S. Department of Transportation, 1200 In its petition, NS requested a 5-year better inform its processes. DOT posts
New Jersey Avenue SE., W12–140, extension of an existing waiver granted these comments, without edit, including
Washington, DC 20590. by FRA in a letter dated June 4, 2010. any personal information the
• Hand Delivery: 1200 New Jersey
mstockstill on DSK4VPTVN1PROD with NOTICES
NS had no accidents or injuries in the commenter provides, to
Avenue SE., Room W12–140, past 5 years of operating the RoadRailer/ www.regulations.gov, as described in
Washington, DC 20590, between 9 a.m. RailRunner equipment on its lines, and the system of records notice (DOT/ALL–
and 5 p.m., Monday through Friday, has requested relief from certain 14 FDMS), which can be reviewed at
except Federal Holidays. provisions of Parts 215, 231, and 232.
www.dot.gov/privacy. See also http://
Communications received by April A copy of the petition, as well as any
www.regulations.gov/#!privacyNotice
27, 2015 will be considered by FRA written communications concerning the
for the privacy notice of regulations.gov.
before final action is taken. Comments petition, is available for review online at
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Document Created: 2015-12-18 11:42:22
Document Modified: 2015-12-18 11:42:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 13462 |
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