80_FR_58998 80 FR 58809 - Petition for Waiver of Compliance

80 FR 58809 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 189 (September 30, 2015)

Page Range58809-58810
FR Document2015-24698

Federal Register, Volume 80 Issue 189 (Wednesday, September 30, 2015) 
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58809-58810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24698]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0092]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated July 30, 2015, the American Short Line and Regional 
Railroad Association

[[Page 58810]]

(ASLRRA) has petitioned the Federal Railroad Administration (FRA) for 
an amendment to its existing waiver of compliance in Docket Number FRA-
2009-0078. Specifically, this waiver exempts certain ASLRRA member 
railroads from provisions of the Federal hours of service laws and 
regulations contained at 49 CFR 228.405(a)(3). In its petition, ASLRRA 
seeks to amend the waiver to include the hours of midnight to 6 a.m. 
for certain railroads that will participate in a pilot project to 
measure the effectiveness of certain measures implemented to mitigate 
any adverse fatigue effects that might otherwise occur if the waiver 
were expanded to include those hours. These railroads all currently 
participate in the existing waiver in Docket Number FRA-2009-0078. The 
pilot project will employ a mandatory napping program for employees 
operating under the waiver between the hours of midnight and 6 a.m. 
Followup data (e.g., sleep logs/diaries, self-report questionnaires, 
and interview responses) will be collected from participants who 
undertake the napping regimen and report the results. The sample size, 
if a paired comparison or repeated measures analysis is used, will 
provide sufficient statistical power to analyze the data and make 
appropriate generalizations to the industry as a whole. If the data 
supports it, ASLRRA will then seek to expand the waiver for all 
participating railroads to include the hours of midnight to 6 a.m. when 
approved mitigation measures are employed. Forty ASLRRA member 
railroads are proposed to be included in this pilot program. A complete 
list of the railroads that would like to participate may be found in 
ASLRRA's July 30, 2015, petition letter in Docket Number FRA-2015-0092.
    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 November 16, 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 September 24, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-24698 Filed 9-29-15; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices 58809 members representing environmental DEPARTMENT OF TRANSPORTATION an opportunity for oral comment, they concerns, and two members should notify FRA, in writing, before representing Native American interests. Federal Railroad Administration the end of the comment period and Current members of the NPOAG ARC [Docket Number FRA–2015–0043] specify the basis for their request. are as follows: All communications concerning these Petition for Waiver of Compliance proceedings should identify the The current NPOAG consists of Heidi appropriate docket number and may be Williams representing general aviation; In accordance with part 211 of title 49 submitted by any of the following Alan Stephen, Mark Francis, and Code of Federal Regulations (CFR), this methods: Matthew Zuccaro representing document provides the public notice • Web site: http:// commercial air tour operators; Michael that by a document dated April 25, www.regulations.gov. Follow the online Sutton, Nicholas Miller, Mark Belles, 2015, the Historic Railroad Equipment instructions for submitting comments. and Dick Hingson representing Association (HREA) has petitioned the • Fax: 202–493–2251. environmental interests; and Leigh Federal Railroad Administration (FRA) • Mail: Docket Operations Facility, Kuwanwisiwma and Martin Begaye for a waiver of compliance from certain U.S. Department of Transportation, 1200 representing Native American interests. provisions of the Federal railroad safety New Jersey Avenue SE., W12–140, Mr. Begaye’s 3-year membership expires regulations contained at 49 CFR part Washington, DC 20590. 215—Railroad Freight Car Safety on October 9, 2015. • Hand Delivery: 1200 New Jersey Standards and part 223—Safety Glazing Avenue SE., Room W12–140, Selection Standards—Locomotives, Passenger Washington, DC 20590, between 9 a.m. Cars and Cabooses. FRA assigned the In order to retain balance within the and 5 p.m., Monday through Friday, petition Docket Number FRA–2015– NPOAG ARC, the FAA and NPS are except Federal holidays. 0043. seeking candidates interested in filling Mr. David Kloke, the principal partner Communications received by Mr. Begaye’s soon to be expiring seat. in HREA, is the builder and operator of November 16, 2015 will be considered The open seat to be filled will represent the Lincoln Funeral Car replica by FRA before final action is taken. Native American interests. The FAA currently on exhibition to celebrate the Comments received after that date will 150th anniversary of the operation of be considered as far as practicable. and NPS invite persons interested in the Lincoln Funeral Train in 1865. Mr. Anyone is able to search the representing Native American interests Kloke is also the builder of the electronic form of any written on the ARC to contact Mr. Keith Lusk communications and comments (contact information is written above in Leviathan #63 and the York, reproductions of 1860s era steam received into any of our dockets by the FOR FURTHER INFORMATION CONTACT). name of the individual submitting the Requests to serve on the ARC must be locomotives that are currently in operation. The Lincoln Funeral Car is to comment (or signing the document, if made to Mr. Lusk in writing and submitted on behalf of an association, postmarked or emailed on or before be pulled by these locomotives at various tourist railroads to business, labor union, etc.). In October 30, 2015. The request should accordance with 5 U.S.C. 553(c), DOT commemorate the operation of the indicate whether or not you are a solicits comments from the public to Lincoln Funeral Train. HREA requests a member of a Native American tribe. The better inform its processes. DOT posts waiver from 49 CFR 215.123—Defective request should also state what expertise these comments, without edit, including couplers, 215.127—Defective draft you would bring to the NPOAG ARC as arrangement, and 215.129—Defective any personal information the related to issues and concerns with cushioning device as it pertains to the commenter provides, to aircraft flights over national parks. The use of a drawbar instead of a coupler. www.regulations.gov, as described in term of service for NPOAG ARC The Lincoln Funeral Car will be the system of records notice (DOT/ALL– members is 3 years. Current members attached to the locomotives by use of a 14 FDMS), which can be reviewed at may re-apply for another term. drawbar. Further, HREA requests a www.dot.gov/privacy. See also http:// waiver from 49 CFR 223.3(b)(3) as it www.regulations.gov/#!privacyNotice On June 18, 2010, President Obama pertains to the use of tempered for the privacy notice of regulations.gov. signed a Presidential Memorandum directing agencies in the Executive automobile safety glazing instead of Issued in Washington, DC, on September Branch not to appoint or re-appoint FRA Type I glazing. 23, 2015. federally registered lobbyists to advisory A copy of the petition, as well as any Ron Hynes, committees and other boards and written communications concerning the Director, Office of Technical Oversight. commissions. Therefore, before petition, is available for review online at [FR Doc. 2015–24697 Filed 9–29–15; 8:45 am] www.regulations.gov and in person at appointing an applicant to serve on the BILLING CODE 4910–06–P the U.S. Department of Transportation’s NPOAG, the FAA and NPS will require (DOT) Docket Operations Facility, 1200 the prospective candidate to certify that New Jersey Avenue SE., W12–140, they are not a federally registered DEPARTMENT OF TRANSPORTATION Washington, DC 20590. The Docket lobbyist. Operations Facility is open from 9 a.m. Federal Railroad Administration Issued in Hawthorne, CA, on September to 5 p.m., Monday through Friday, [Docket Number FRA–2015–0092] 23, 2015. except Federal Holidays. mstockstill on DSK4VPTVN1PROD with NOTICES Keith Lusk, Interested parties are invited to Petition for Waiver of Compliance Program Manager, Special Programs Staff, participate in these proceedings by Western-Pacific Region. submitting written views, data, or In accordance with part 211 of Title comments. FRA does not anticipate 49 of the Code of Federal Regulations [FR Doc. 2015–24901 Filed 9–29–15; 8:45 am] scheduling a public hearing in (CFR), this document provides the BILLING CODE 4910–13–P connection with these proceedings since public notice that by a document dated the facts do not appear to warrant a July 30, 2015, the American Short Line hearing. If any interested party desires and Regional Railroad Association VerDate Sep<11>2014 18:27 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\30SEN1.SGM 30SEN1

58810 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices (ASLRRA) has petitioned the Federal All communications concerning these United States Postal Service Zip Code Railroad Administration (FRA) for an proceedings should identify the 56374. amendment to its existing waiver of appropriate docket number and may be BNSF has certified that: (1) No local compliance in Docket Number FRA– submitted by any of the following traffic has moved over the Line for at 2009–0078. Specifically, this waiver methods: least two years; (2) there is no overhead exempts certain ASLRRA member • Web site: http:// traffic on the Line that would have to be railroads from provisions of the Federal www.regulations.gov. Follow the online rerouted over other lines; (3) no formal hours of service laws and regulations instructions for submitting comments. complaint filed by a user of rail service contained at 49 CFR 228.405(a)(3). In its • Fax: 202–493–2251. on the Line (or by a state or local petition, ASLRRA seeks to amend the • Mail: Docket Operations Facility, government entity acting on behalf of waiver to include the hours of midnight U.S. Department of Transportation, 1200 such user) regarding cessation of service to 6 a.m. for certain railroads that will New Jersey Avenue SE., W12–140, over the Line either is pending with the participate in a pilot project to measure Washington, DC 20590. Surface Transportation Board (Board) or the effectiveness of certain measures • Hand Delivery: 1200 New Jersey with any U.S. District Court or has been implemented to mitigate any adverse Avenue SE., Room W12–140, decided in favor of a complainant fatigue effects that might otherwise Washington, DC 20590, between 9 a.m. within the two-year period; and (4) the occur if the waiver were expanded to and 5 p.m., Monday through Friday, requirements at 49 CFR 1105.7(c) include those hours. These railroads all except Federal Holidays. (environmental report), 49 CFR 1105.11 currently participate in the existing Communications received by (transmittal letter), 49 CFR 1105.12 waiver in Docket Number FRA–2009– November 16, 2015 will be considered (newspaper publication), and 49 CFR 0078. The pilot project will employ a by FRA before final action is taken. 1152.50(d)(1) (notice to governmental mandatory napping program for Comments received after that date will agencies) have been met. employees operating under the waiver be considered as far as practicable. As a condition to this exemption, any between the hours of midnight and 6 Anyone is able to search the employee adversely affected by the a.m. Followup data (e.g., sleep logs/ electronic form of any written abandonment shall be protected under diaries, self-report questionnaires, and communications and comments Oregon Short Line Railroad— interview responses) will be collected received into any of our dockets by the Abandonment Portion Goshen Branch from participants who undertake the name of the individual submitting the Between Firth & Ammon, in Bingham & napping regimen and report the results. comment (or signing the document, if Bonneville Counties, Idaho, 360 I.C.C. The sample size, if a paired comparison submitted on behalf of an association, 91 (1979). To address whether this or repeated measures analysis is used, business, labor union, etc.). In condition adequately protects affected will provide sufficient statistical power accordance with 5 U.S.C. 553(c), DOT employees, a petition for partial to analyze the data and make solicits comments from the public to revocation under 49 U.S.C. 10502(d) appropriate generalizations to the better inform its processes. DOT posts must be filed. industry as a whole. If the data supports these comments, without edit, including it, ASLRRA will then seek to expand the Provided no formal expression of any personal information the intent to file an offer of financial waiver for all participating railroads to commenter provides, to include the hours of midnight to 6 a.m. assistance (OFA) has been received, this www.regulations.gov, as described in exemption will become effective on when approved mitigation measures are the system of records notice (DOT/ALL– employed. Forty ASLRRA member October 30, 2015, unless stayed pending 14 FDMS), which can be reviewed at reconsideration. Petitions to stay that do railroads are proposed to be included in www.dot.gov/privacy. See also http:// this pilot program. A complete list of not involve environmental issues,1 www.regulations.gov/#!privacyNotice formal expressions of intent to file an the railroads that would like to for the privacy notice of regulations.gov. participate may be found in ASLRRA’s OFA under 49 CFR 1152.27(c)(2),2 and July 30, 2015, petition letter in Docket Issued in Washington, DC, on September interim trail use/rail banking requests Number FRA–2015–0092. 24, 2015. under 49 CFR 1152.29 must be filed by A copy of the petition, as well as any Ron Hynes, October 13, 2015. Petitions to reopen or written communications concerning the Director, Office of Technical Oversight. requests for public use conditions under petition, is available for review online at [FR Doc. 2015–24698 Filed 9–29–15; 8:45 am] 49 CFR 1152.28 must be filed by www.regulations.gov and in person at BILLING CODE 4910–06–P October 20, 2015, with the Surface the U.S. Department of Transportation’s Transportation Board, 395 E Street SW., (DOT) Docket Operations Facility, 1200 Washington, DC 20423–0001. New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION A copy of any petition filed with the Washington, DC 20590. The Docket Board should be sent to BNSF’s Operations Facility is open from 9 a.m. Surface Transportation Board representative: Karl Morell & Associates, to 5 p.m., Monday through Friday, [Docket No. AB 6 (Sub-No. 491X)] 655 15th Street NW., Suite 225, except Federal Holidays. Washington, DC 20005. Interested parties are invited to BNSF Railway Company— participate in these proceedings by Abandonment Exemption—in Stearns 1 The Board will grant a stay if an informed submitting written views, data, or County, Minn. decision on environmental issues (whether raised comments. FRA does not anticipate by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) mstockstill on DSK4VPTVN1PROD with NOTICES scheduling a public hearing in BNSF Railway Company (BNSF) has cannot be made before the exemption’s effective connection with these proceedings since filed a verified notice of exemption date. See Exemption of Out-of-Serv. Rail Lines, 5 the facts do not appear to warrant a under 49 CFR part 1152 subpart F– I.C.C. 2d 377 (1989). Any request for a stay should hearing. If any interested party desires Exempt Abandonments to abandon be filed as soon as possible so that the Board may an opportunity for oral comment, they approximately 0.45 miles of railroad take appropriate action before the exemption’s effective date. should notify FRA, in writing, before line located between mileposts 80.66 2 Each OFA must be accompanied by the filing the end of the comment period and and 81.11, in St. Joseph, Stearns County, fee, which is currently set at $1,600. See 49 CFR specify the basis for their request. Minn. (the Line). The Line traverses 1002.2(f)(25). VerDate Sep<11>2014 18:27 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\30SEN1.SGM 30SEN1


Document Created: 2015-12-15 09:32:26
Document Modified: 2015-12-15 09:32:26
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 58809 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR