81_FR_15199 81 FR 15145 - Petition for Waiver of Compliance

81 FR 15145 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 54 (March 21, 2016)

Page Range15145-15146
FR Document2016-06214

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016) 
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Notices]
[Pages 15145-15146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06214]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0019]


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 4, 2016, the New York, Susquehanna and Western Railway 
(NYSW) has petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from several provisions of the Federal railroad 
safety regulations. Specifically, NYSW requests relief from certain 
provisions of 49 CFR part 240, Qualification and Certification of 
Locomotive Engineers, and Part 242, Qualification and Certification of 
Conductors. The request was assigned Docket Number FRA-2016-0019. The 
relief is contingent on NYSW's implementation of and participation in 
the Confidential Close Call Reporting System (C\3\RS) pilot project.
    NYSW seeks to shield reporting employees and the railroad from 
mandatory punitive sanctions that would otherwise arise as provided in 
49 CFR 240.117(e)(1)-(4); 240.305(a)(l)-(4) and (a)(6); 240.307; and 
242.403(b), (c), (e)(l)-(4), (e)(6)-(11), (f)(l)-(2); and 242.407. The 
C\3\RS pilot project encourages certified operating crew members to 
report close calls and protect the employees and the railroad from 
discipline or sanctions arising from the incidents reported per the 
C\3\RS Implementing Memorandum of Understanding (IMOU).
    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 within May 5, 2016 of the date of this 
notice 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

[[Page 15146]]

http://www.regulations.gov/#!privacyNotice for the privacy notice of 
regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-06214 Filed 3-18-16; 8:45 am]
BILLING CODE 4910-06-P

Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices 15145 passenger cars and cabooses; after that date will be considered as far from discipline or sanctions arising 223.15(c)—Emergency Window as practicable. from the incidents reported per the Requirements and Emergency Exit Anyone is able to search the C3RS Implementing Memorandum of Markings; Part 225—Railroad Accident/ electronic form of any written Understanding (IMOU). Incidents: Reports Classification, and communications and comments A copy of the petition, as well as any Investigations (for employee injuries received into any of our dockets by the written communications concerning the only); 229.46–229.59, 229.61, 229.65, name of the individual submitting the petition, is available for review online at 229.71, 229.71, 229.77, 229.125, and comment (or signing the document, if www.regulations.gov and in person at 229.135—Event recorders; 231.14— submitted on behalf of an association, the U.S. Department of Transportation’s Passenger-train cars without end business, labor union, etc.). In (DOT) Docket Operations Facility, 1200 platforms; the following sections of Part accordance with 5 U.S.C. 553(c), DOT New Jersey Avenue SE., W12–140, 238—Passenger Equipment Safety solicits comments from the public to Washington, DC 20590. The Docket Standards: 238.113, 238.114, better inform its processes. DOT posts Operations Facility is open from 9 a.m. 238.115(b)(4), 238.203, 238.205, these comments, without edit, including to 5 p.m., Monday through Friday, 238.207, 238.209, 238.211, 238.213, any personal information the except Federal Holidays. 238.215, 238.217, 238.219, 238.231, commenter provides, to Interested parties are invited to 238.233, 238.235, 238.237, and part 238, www.regulations.gov, as described in participate in these proceedings by Subpart D in its entirety, sections the system of records notice (DOT/ALL– submitting written views, data, or 238.301 through 238.319; Part 239— 14 FDMS), which can be reviewed at comments. FRA does not anticipate Passenger Train Emergency www.dot.gov/privacy. See also http:// scheduling a public hearing in Preparedness; and Part 240— www.regulations.gov/#!privacyNotice connection with these proceedings since Qualification and Certification of for the privacy notice of regulations.gov. the facts do not appear to warrant a Locomotive Engineers. hearing. If any interested party desires Robert C. Lauby, an opportunity for oral comment, they A copy of the petition, as well as any Associate Administrator for Railroad Safety, should notify FRA, in writing, before written communications concerning the Chief Safety Officer. petition, is available for review online at the end of the comment period and [FR Doc. 2016–06212 Filed 3–18–16; 8:45 am] specify the basis for their request. www.regulations.gov and in person at the U.S. Department of Transportation’s BILLING CODE 4910–06–P All communications concerning these (DOT) Docket Operations Facility, 1200 proceedings should identify the New Jersey Avenue SE., W12–140, appropriate docket number and may be DEPARTMENT OF TRANSPORTATION submitted by any of the following Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. methods: Federal Railroad Administration • Web site: http:// to 5 p.m., Monday through Friday, except Federal Holidays. [Docket Number FRA–2016–0019] www.regulations.gov. Follow the online instructions for submitting comments. Interested parties are invited to Petition for Waiver of Compliance • Fax: (202) 493–2251. participate in these proceedings by • Mail: Docket Operations Facility, submitting written views, data, or In accordance with Part 211 of Title U.S. Department of Transportation, 1200 comments. FRA does not anticipate 49 Code of Federal Regulations (CFR), New Jersey Avenue SE., W12–140, scheduling a public hearing in this document provides the public Washington, DC 20590. connection with these proceedings since notice that by a document dated January • Hand Delivery: 1200 New Jersey the facts do not appear to warrant a 4, 2016, the New York, Susquehanna Avenue SE., Room W12–140, hearing. If any interested party desires and Western Railway (NYSW) has Washington, DC 20590, between 9 a.m. an opportunity for oral comment, they petitioned the Federal Railroad and 5 p.m., Monday through Friday, should notify FRA, in writing, before Administration (FRA) for a waiver of except Federal Holidays. the end of the comment period and compliance from several provisions of Communications received within May specify the basis for their request. the Federal railroad safety regulations. 5, 2016 of the date of this notice will be All communications concerning these Specifically, NYSW requests relief from considered by FRA before final action is proceedings should identify the certain provisions of 49 CFR part 240, taken. Comments received after that appropriate docket number (e.g., Waiver Qualification and Certification of date will be considered as far as Petition Docket Number FRA–2000– Locomotive Engineers, and Part 242, practicable. 7137) and may be submitted by any of Qualification and Certification of Anyone is able to search the the following methods: Conductors. The request was assigned electronic form of any written • Web site: http:// Docket Number FRA–2016–0019. The communications and comments www.regulations.gov. Follow the online relief is contingent on NYSW’s received into any of our dockets by the instructions for submitting comments. implementation of and participation in name of the individual submitting the • Fax: 202–493–2251. the Confidential Close Call Reporting comment (or signing the document, if • Mail: Docket Operations Facility, System (C3RS) pilot project. submitted on behalf of an association, U.S. Department of Transportation, 1200 NYSW seeks to shield reporting business, labor union, etc.). In New Jersey Avenue SE., W12–140, employees and the railroad from accordance with 5 U.S.C. 553(c), DOT Washington, DC 20590. mandatory punitive sanctions that solicits comments from the public to • Hand Delivery: 1200 New Jersey mstockstill on DSK4VPTVN1PROD with NOTICES would otherwise arise as provided in 49 better inform its processes. DOT posts Avenue SE., Room W12–140, CFR 240.117(e)(1)–(4); 240.305(a)(l)–(4) these comments, without edit, including Washington, DC 20590, between 9 a.m. and (a)(6); 240.307; and 242.403(b), (c), any personal information the and 5 p.m., Monday through Friday, (e)(l)–(4), (e)(6)–(11), (f)(l)–(2); and commenter provides, to except Federal Holidays. 242.407. The C3RS pilot project www.regulations.gov, as described in Communications received by May 5, encourages certified operating crew the system of records notice (DOT/ALL– 2016 will be considered by FRA before members to report close calls and 14 FDMS), which can be reviewed at final action is taken. Comments received protect the employees and the railroad www.dot.gov/privacy. See also VerDate Sep<11>2014 17:46 Mar 18, 2016 Jkt 238001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1

15146 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices http://www.regulations.gov/ in this matter on July 19, 2013. That mandate that a rail vehicle with #!privacyNotice for the privacy notice of waiver petition was denied by FRA in defective or insecure equipment may be regulations.gov. a letter dated June 20, 2014 (see Docket moved to make repairs only to the Number FRA–2013–0080). AAR has nearest available place at which the Robert C. Lauby, revised that waiver petition and repairs can be made. In requesting this Associate Administrator for Railroad Safety, accompanying Safety Assurance Plan exemption, AAR invokes the process at Chief Safety Officer. (SAP) in accordance with further 49 U.S.C. 20306, which states that the [FR Doc. 2016–06214 Filed 3–18–16; 8:45 am] technical considerations and an U.S. Secretary of Transportation may BILLING CODE 4910–06–P evaluation of the similar exemption provide such an exemption when currently in effect in Canada. existing requirements preclude the Through a limited pilot effort, AAR development or implementation of more DEPARTMENT OF TRANSPORTATION intends to demonstrate the effectiveness efficient railroad transportation of using wayside WTD data to ensure equipment or other transportation Federal Railroad Administration safe braking performance. The focus of innovations under existing law. As [Docket Number FRA–2016–0018] this pilot will be revenue service unit delineated in the SAP, the WTD system coal trains running on the UP system is a superior method to manage brake Petition for Waiver of Compliance and between Wyoming’s Powder River Basin health as compared with the current Statutory Exemption and an unloading facility in White Bluff, process found in the Federal brake AR, a round trip of approximately 2,600 system safety standards. AAR requests a In accordance with part 211 of Title miles. The WTD that monitors the hearing during which evidence can be 49 Code of Federal Regulations (CFR), system is located at Sheep Creek, WY. developed per 49 U.S.C. 20306 for a this document provides the public Under current UP operating practices, statutory exemption to 49 U.S.C. 20303. notice that by a document received the coal trains running in this service A copy of the petition, as well as any February 5, 2016, the Association of are classified as extended haul trains written communications concerning the American Railroads (AAR), on behalf of and operate intact up to 1,500 miles petition, is available for review online at itself and its member railroads, has between brake tests required under 49 www.regulations.gov and in person at petitioned the Federal Railroad CFR part 232. The waiver requested the U.S. Department of Transportation’s Administration (FRA) for a waiver of would extend the distance between (DOT) Docket Operations Facility, 1200 compliance from certain provisions of required tests up to an additional the Federal railroad safety regulations New Jersey Avenue SE., W12–140, potential 1,100 miles, bypassing Washington, DC 20590. The Docket contained at 49 CFR part 232—Brake approximately one visual inspection. System Safety Standards for Freight and Operations Facility is open from 9 a.m. Each test train will receive a Class 1 to 5 p.m., Monday through Friday, Other Non-Passenger Trains and brake test in accordance with 49 CFR Equipment; End-of-Train Devices. FRA except Federal Holidays. 232.205 and a predeparture inspection assigned the petition Docket Number Interested parties are invited to in accordance with 49 CFR 215.13 at FRA–2016–0018. participate in these proceedings by North Platte, NE. The trains will then In its petition, AAR seeks a waiver of submitting written views, data, or leave North Platte and travel to a coal compliance from 49 CFR 232.213— comments. FRA will in the future loading facility in the Powder River Extended haul trains, 49 CFR 232.15— schedule a public hearing in connection Basin. The train cars will be loaded with Movement of defective equipment, and with these proceedings as requested by coal and then return to North Platte, 49 CFR 232.103(f)—General AAR pursuant to 49 U.S.C. 20306. If any passing the WTD monitors at Sheep requirements for all train brake systems. interested party desires an opportunity Creek for recording of braking The current rules state that extended for oral comment, they should notify performance, continuing through North haul trains are permitted to move a train Platte through Van Buren, AR, and then FRA, in writing, before the end of the up to, but not exceeding, 1,500 miles to an unloading facility in White Bluff. comment period and specify the basis between brake tests and inspections [49 The train cars will be unloaded in White for their request. CFR 232.213(a)]. In addition, current Bluff, and then the train will return to All communications concerning these rules require that equipment with the terminus at North Platte via Van proceedings should identify the defective or insecure power brakes only Buren. appropriate docket number and may be be moved from the place at which the In its petition, AAR states preliminary submitted by any of the following defect or insecurity was first discovered tests conducted with the WTD system methods: to the nearest available place at which indicate that the system identifies cars • Web site: http:// the repairs can be made (49 CFR 232.15 with ineffective brakes at a significantly www.regulations.gov. Follow the online and 49 U.S.C. 20303), and each car in higher rate (about four times more) than instructions for submitting comments. a train must have the air brakes in Intermediate Brake Tests. This is • Fax: 202–493–2251. effective operating conditions unless the because the WTD system detects cars • Mail: Docket Operations Facility, car is being moved for repairs in with ineffective brakes, even though U.S. Department of Transportation, 1200 accordance with 49 CFR 232.15 [49 CFR they might still meet the criteria of a New Jersey Avenue SE., W12–140, 232.103(f)]. AAR presently petitions Class 1 or Intermediate Brake Test. Washington, DC 20590. FRA for a 5-year waiver from these Identification of such cars by the WTD • Hand Delivery: 1200 New Jersey requirements to permit a limited pilot system will result in those cars being Avenue SE., Room W12–140, mstockstill on DSK4VPTVN1PROD with NOTICES program conducted on a segment of the repaired earlier, with the eventual result Washington, DC 20590, between 9 a.m. Union Pacific Railroad (UP) system to that a greater percentage of cars in any and 5 p.m., Monday through Friday, demonstrate that the use of wheel train would have effective brakes. AAR except Federal Holidays. temperature detectors (WTD) to expects this will result in improved Communications received by May 5, determine brake effectiveness will train safety. 2016 will be considered by FRA before improve safety and eliminate Finally, AAR also requests an final action is taken. Comments received unnecessary costs to the industry. AAR exemption from the statutory after that date will be considered as far previously submitted a waiver petition requirements at 49 U.S.C. 20303, which as practicable. VerDate Sep<11>2014 17:46 Mar 18, 2016 Jkt 238001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1


Document Created: 2016-03-19 01:00:45
Document Modified: 2016-03-19 01:00:45
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 Citation81 FR 15145 
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