80 FR 18292 - Petition for Waiver of Compliance and Notice of Public Hearing
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 80, Issue 64 (April 3, 2015)
Federal Railroad Administration
Federal Register Volume 80, Issue 64 (April 3, 2015)
| Page Range | 18292-18293 | |
| FR Document | 2015-07656 |
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)] [Notices] [Pages 18292-18293] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07656] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2006-24812] Petition for Waiver of Compliance and Notice of Public Hearing 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 6, 2015, BNSF Railway (BNSF), has petitioned the Federal Railroad Administration (FRA) for an extension of and modification to its waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 232, Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment. Specifically, BNSF requests to extend the mileage limits specified for certain designated extended haul trains (see 49 CFR 232.213, Extended haul trains). FRA assigned the petition Docket Number FRA-2006-24812. In its petition, BNSF states that it has a history of successfully running trains under the existing waiver in Docket Number FRA-2006- 24812, and under the conditions of the temporary waiver granted in Docket Number FRA-2014-0070. BNSF states that it safely conducted thousands of loadings and millions of ton-miles with a defect ratio nearly identical to that of traditional operations since the first waiver was implemented in 2006. Based on the important benefits to safety and network fluidity associated with the successful implementation of the temporary 1,800-mile inspection waiver (Docket Number FRA-2014-0070) and BNSF's extensive history running extended haul trains under both waivers, BNSF would like to continue and modestly extend the current BNSF waiver in Docket Number FRA-2006-24812 to 1,702 miles, from the current mileage of 1,603. BNSF states that this modest 99-mile increase in distance to 1,702 miles would afford a substantial portion of the benefits identified at the 1,800-mile distance. The incremental increase of 99 miles would allow for 68.2 percent of the coal and grain trains currently operating under the waiver in FRA-2014-0070 to be added to BNSF's waiver in FRA-2006-24812. BNSF believes that the current waiver petition is consistent with meeting FRA's safety focus and is appropriate for National commerce concerns. This petition would be for current grain and coal trains operating within BNSF's network currently running at less than 1,702 miles between designated extended haul inspection points. The BNSF trains included in this request operate the very same type of equipment as the existing waiver trains. BNSF states it is very confident that slightly increasing the length of the extended haul inspection points on these trains listed will have no adverse impact on safe operations. 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. In addition, FRA has determined that the facts of this proceeding warrant a public hearing. Accordingly, a hearing is hereby scheduled to begin at 10:00 a.m. on May 21, 2015, at the Alliance Public Library, 1750 Sweetwater Avenue, Alliance, NE 69301. Interested parties are invited to present oral statements at this hearing. For information on facilities or services for persons with disabilities, or to request special assistance at the hearing, contact Mr. Steven Zuiderveen, FRA Railroad Safety Specialist, by telephone, email, or in writing, at least 5 business days before the date of the hearing. Mr. Zuiderveen's contact information is as follows: FRA, Office of Railroad Safety, Mail Stop 25, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493-6337; [email protected]. The informal hearing will be conducted by a representative designated by FRA in accordance with FRA's Rules of Practice (see specifically 49 CFR 211.25). FRA's representative will make an opening statement outlining the scope of the hearing, as well as any additional procedures for the conduct of the hearing. The hearing will be a nonadversarial proceeding in which all interested parties will be given the opportunity to express their views regarding the waiver petition without cross examination. After all initial statements have been completed, those individuals wishing to make brief rebuttal statements will be given an opportunity to do so. In addition, FRA is extending the comment period for this waiver petition to June 21, 2015, to allow adequate time for any additional comments to be submitted following the public hearing on May 17, 2015. Communications received by that date will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. 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. [[Page 18293]] and 5 p.m., Monday through Friday, except Federal Holidays. 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 31, 2015. Ron Hynes, Director, Office of Technical Oversight. [FR Doc. 2015-07656 Filed 4-2-15; 8:45 am] BILLING CODE 4910-06-P
![18292 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
TIGER. To ensure applicants receive and Equipment. Specifically, BNSF Interested parties are invited to
accurate information about eligibility or requests to extend the mileage limits participate in these proceedings by
the program, the applicant is specified for certain designated submitting written views, data, or
encouraged to contact DOT directly, extended haul trains (see 49 CFR comments. In addition, FRA has
rather than through intermediaries or 232.213, Extended haul trains). FRA determined that the facts of this
third parties, with questions. DOT staff assigned the petition Docket Number proceeding warrant a public hearing.
may also conduct briefings on the FRA–2006–24812. Accordingly, a hearing is hereby
TIGER Discretionary Grants selection In its petition, BNSF states that it has scheduled to begin at 10:00 a.m. on May
and award process upon request. a history of successfully running trains 21, 2015, at the Alliance Public Library,
under the existing waiver in Docket 1750 Sweetwater Avenue, Alliance, NE
H. Other Information
Number FRA–2006–24812, and under 69301. Interested parties are invited to
1. Protection of Confidential Business the conditions of the temporary waiver present oral statements at this hearing.
Information granted in Docket Number FRA–2014– For information on facilities or services
All information submitted as part of 0070. BNSF states that it safely for persons with disabilities, or to
or in support of any application shall conducted thousands of loadings and request special assistance at the hearing,
use publicly available data or data that millions of ton-miles with a defect ratio contact Mr. Steven Zuiderveen, FRA
can be made public and methodologies nearly identical to that of traditional Railroad Safety Specialist, by telephone,
that are accepted by industry practice operations since the first waiver was email, or in writing, at least 5 business
and standards, to the extent possible. If implemented in 2006. Based on the days before the date of the hearing. Mr.
the application includes information important benefits to safety and network Zuiderveen’s contact information is as
you consider to be a trade secret or fluidity associated with the successful follows: FRA, Office of Railroad Safety,
confidential commercial or financial implementation of the temporary 1,800- Mail Stop 25, 1200 New Jersey Avenue
information, the applicant should do the mile inspection waiver (Docket Number SE., Washington, DC 20590; (202) 493–
following: (1) Note on the front cover FRA–2014–0070) and BNSF’s extensive 6337; Steven.Zuiderveen@dot.gov. The
that the submission ‘‘Contains history running extended haul trains informal hearing will be conducted by
Confidential Business Information under both waivers, BNSF would like to a representative designated by FRA in
(CBI)’’; (2) mark each affected page continue and modestly extend the accordance with FRA’s Rules of Practice
‘‘CBI’’; and (3) highlight or otherwise current BNSF waiver in Docket Number (see specifically 49 CFR 211.25). FRA’s
denote the CBI portions. DOT protects FRA–2006–24812 to 1,702 miles, from representative will make an opening
such information from disclosure to the the current mileage of 1,603. BNSF statement outlining the scope of the
extent allowed under applicable law. In states that this modest 99-mile increase hearing, as well as any additional
the event DOT receives a Freedom of in distance to 1,702 miles would afford procedures for the conduct of the
Information Act (FOIA) request for the a substantial portion of the benefits hearing. The hearing will be a
information, DOT will follow the identified at the 1,800-mile distance. nonadversarial proceeding in which all
procedures described in its FOIA The incremental increase of 99 miles interested parties will be given the
regulations at 49 CFR 7.17. Only would allow for 68.2 percent of the coal opportunity to express their views
information that is ultimately and grain trains currently operating regarding the waiver petition without
determined to be confidential under that under the waiver in FRA–2014–0070 to cross examination. After all initial
procedure will be exempt from be added to BNSF’s waiver in FRA– statements have been completed, those
disclosure under FOIA. 2006–24812. individuals wishing to make brief
BNSF believes that the current waiver rebuttal statements will be given an
Issued On: March 30, 2015.
petition is consistent with meeting opportunity to do so.
Anthony R. Foxx,
FRA’s safety focus and is appropriate for In addition, FRA is extending the
Secretary. comment period for this waiver petition
National commerce concerns. This
[FR Doc. 2015–07711 Filed 4–2–15; 8:45 am] petition would be for current grain and to June 21, 2015, to allow adequate time
BILLING CODE 4910–9X–P coal trains operating within BNSF’s for any additional comments to be
network currently running at less than submitted following the public hearing
1,702 miles between designated on May 17, 2015.
DEPARTMENT OF TRANSPORTATION Communications received by that date
extended haul inspection points. The
Federal Railroad Administration BNSF trains included in this request will be considered by FRA before final
operate the very same type of equipment action is taken. Comments received after
[Docket Number FRA–2006–24812] as the existing waiver trains. BNSF that date will be considered as far as
states it is very confident that slightly practicable. All communications
Petition for Waiver of Compliance and concerning these proceedings should
increasing the length of the extended
Notice of Public Hearing identify the appropriate docket number
haul inspection points on these trains
In accordance with part 211 of Title listed will have no adverse impact on and may be submitted by any of the
49 Code of Federal Regulations (CFR), safe operations. following methods:
this document provides the public A copy of the petition, as well as any • Web site: http://
notice that by a document dated written communications concerning the www.regulations.gov. Follow the online
February 6, 2015, BNSF Railway petition, is available for review online at instructions for submitting comments.
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(BNSF), has petitioned the Federal www.regulations.gov and in person at • Fax: 202–493–2251.
Railroad Administration (FRA) for an the U.S. Department of Transportation’s • Mail: Docket Operations Facility,
extension of and modification to its (DOT) Docket Operations Facility, 1200 U.S. Department of Transportation, 1200
waiver of compliance from certain New Jersey Avenue SE., W12–140, New Jersey Avenue SE., W12–140,
provisions of the Federal railroad safety Washington, DC 20590. The Docket Washington, DC 20590.
regulations contained at 49 CFR part Operations Facility is open from 9 a.m. • Hand Delivery: 1200 New Jersey
232, Brake System Safety Standards for to 5 p.m., Monday through Friday, Avenue SE., Room W12–140,
Freight and Other Non-Passenger Trains except Federal Holidays. Washington, DC 20590, between 9 a.m.
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![Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 18293
and 5 p.m., Monday through Friday, DATES: We must receive your comments after the comment closing date will be
except Federal Holidays. on or before June 2, 2015. included in the docket and will be
Anyone is able to search the ADDRESSES: You may submit comments considered to the extent practicable.
electronic form of any written identified by Federal Docket FOR FURTHER INFORMATION CONTACT: Ms.
communications and comments Management System (FDMS) Docket Fiorella Herrera, Transportation
received into any of our dockets by the Number FMCSA–2015–0081 using any Specialist, Office of Information
name of the individual submitting the of the following methods: Technology, IT Operations Division,
comment (or signing the document, if • Federal eRulemaking Portal: http:// Department of Transportation, Federal
submitted on behalf of an association, www.regulations.gov. Follow the online Motor Carrier Safety Administration,
business, labor union, etc.). In instructions for submitting comments. 6th Floor, West Building, 1200 New
accordance with 5 U.S.C. 553(c), DOT • Fax: 1–202–493–2251. Jersey Ave. SE., Washington DC 20590.
solicits comments from the public to • Mail: Docket Operations; U.S. Telephone Number: (202) 366–0376;
better inform its processes. DOT posts Department of Transportation, 1200 Email Address: fiorella.herrera@dot.gov.
these comments, without edit, including New Jersey Avenue SE., West Building, Office hours are from 9:00 a.m. to 5:00
any personal information the Ground Floor, Room W12–140, 20590– p.m., Monday through Friday, except
commenter provides, to 0001. Federal Holidays.
www.regulations.gov, as described in • Hand Delivery or Courier: West SUPPLEMENTARY INFORMATION:
the system of records notice (DOT/ Building, Ground Floor, Room W12– Background: Title 49 U.S.C. 13902(c)
ALL—14 FDMS), which can be 140, 1200 New Jersey Avenue SE., contains basic licensing procedures for
reviewed at www.dot.gov/privacy. See registering foreign (Mexico-based) motor
Washington, DC, between 9 a.m. and 5
also http://www.regulations.gov/ carriers to operate across the U.S.-
p.m. e.t., Monday through Friday,
#!privacyNotice for the privacy notice of Mexico international border into the
except Federal holidays.
regulations.gov. United States. Part 368 of title 49, CFR,
Instructions: All submissions must
Issued in Washington, DC, on March 31, include the Agency name and docket contains the regulations that require
2015. number. For detailed instructions on foreign (Mexico-based) motor carriers to
Ron Hynes, submitting comments and additional apply to the FMCSA for a Certificate of
Director, Office of Technical Oversight. information on the exemption process, Registration to provide interstate
[FR Doc. 2015–07656 Filed 4–2–15; 8:45 am] see the Public Participation heading transportation in municipalities in the
BILLING CODE 4910–06–P below. Note that all comments received United States on the U.S.-Mexico
will be posted without change to international border or within the
http://www.regulations.gov, including commercial zones of such
DEPARTMENT OF TRANSPORTATION any personal information provided. municipalities as defined in 49 U.S.C.
Please see the Privacy Act heading 13902(c)(4)(A). The FMCSA carries out
Federal Motor Carrier Safety below. this registration program under
Administration Docket: For access to the docket to authority delegated by the Secretary of
[Docket No. FMCSA–2015–0081] read background documents or Transportation.
comments received, go to http:// Foreign (Mexico-based) motor carriers
Agency Information Collection www.regulations.gov, and follow the use Form OP–2 to apply for Certificate
Activities; Extension of a Currently- online instructions for accessing the of Registration authority at the FMCSA.
Approved Information Collection dockets, or go to the street address listed The form requests information on the
Request: Application for Certificate of above. foreign motor carrier’s name, address,
Registration for Foreign Motor Carriers Privacy Act: Anyone is able to search U.S. DOT Number, form of business
and Foreign Motor Private Carriers the electronic form of all comments (e.g., corporation, sole proprietorship,
received into any of our dockets by the partnership), locations where the
AGENCY: Federal Motor Carrier Safety applicant plans to operate, types of
Administration (FMCSA), DOT. name of the individual submitting the
comment (or signing the comment, if registration requested (e.g., for-hire
ACTION: Notice and request for motor carrier, motor private carrier),
information. submitted on behalf of an association,
business, labor union, etc.). You may insurance, safety certifications,
SUMMARY: In accordance with the review DOT’s complete Privacy Act household goods arbitration
Paperwork Reduction Act of 1995, Statement for the Federal Docket certifications, and compliance
FMCSA announces its plan to submit Management System published in the certifications.
the Information Collection Request (ICR) Federal Register on January 17, 2008 Title: Application for Certificate of
described below to the Office of (73 FR 3316), or you may visit http:// Registration for Foreign Motor Carriers
Management and Budget (OMB) for its edocket.access.gpo.gov/2008/pdfE8- and Foreign Motor Private Carriers.
review and approval. The FMCSA 794.pdf. OMB Control Number: 2126–0019.
Type of Request: Extension of a
requests approval to extend an ICR Public Participation: The Federal
currently-approved information
titled, ‘‘Application for Certificate of eRulemaking Portal is available 24
collection.
Registration for Foreign Motor Carriers hours each day, 365 days each year. You Respondents: Foreign motor carriers
and Foreign Motor Private Carriers,’’ can obtain electronic submission and and commercial motor vehicle drivers.
that requires foreign (Mexico-based) for- retrieval help and guidelines under the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Estimated Number of Respondents:
hire and private motor carriers to file an ‘‘help’’ section of the Federal 380.
application Form OP–2 if they wish to eRulemaking Portal Web site. If you Estimated Time per Response: 4 hours
register to transport property only want us to notify you that we received to complete Form OP–2.
within municipalities in the United your comments, please include a self- Expiration Date: September 30, 2015.
States on the U.S.-Mexico international addressed, stamped envelope or Frequency of Response: Other (Once).
borders or within the commercial zones postcard, or print the acknowledgement Estimated Total Annual Burden:
of such municipalities. FMCSA invites page that appears after submitting 1,520 hours [380 responses x 4 hours to
public comment on the ICR. comments online. Comments received complete Form OP–2 = 1,520].
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Document Created: 2015-12-18 15:29:21
Document Modified: 2015-12-18 15:29:21
| 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 18292 |
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