81_FR_24250 81 FR 24171 - Petition for Waiver of Compliance

81 FR 24171 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 79 (April 25, 2016)

Page Range24171-24172
FR Document2016-09445

Federal Register, Volume 81 Issue 79 (Monday, April 25, 2016) 
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24171-24172]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09445]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0019]


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 February 11, 2016, Norfolk Southern Railway (NS) requested that 
the Federal Railroad Administration (FRA) Railroad Safety Board (Board) 
approve an amendment to its existing waiver in order to expand the 
territory inspected pursuant to its nonstop continuous rail testing 
process. The projected starting date for implementing the expansion 
would be March 1, 2016, and the testing process would continue up to 
July 1, 2018.
    The original waiver grants relief from 49 CFR 213.113(a) and allows 
NS to perform a continuous rail test process on certain designated 
tracks in lieu of the stop/start rail testing required by the 
regulation. NS is currently using nonstop continuous testing on the 
main tracks of the Dearborn Division, Chicago Line (Cleveland, OH, to 
Chicago, IL, Milepost (MP) CD 181.2-523.3)). Once this district has 
been completed, NS would expand the continuous testing process to the 
following locations: (1) Dearborn Division Cleveland Line (Ravenna to 
Drawbridge, MP RD 85.9-123.2), Chicago District (Chicago, IL, to 
Hobart, IN, MP B 518.7-486.5), Lake Erie District (Euclid to Bay 
Village, B 172.0-197.3); (2) Lake Division Chicago, Fostoria, and 
Cleveland Districts (Hobart, IN, to Bay Village, OH, MPB 486.5-197.3); 
(3) Pittsburgh Division, Fort Wayne Line (Pittsburgh, PA, to Crestline, 
OH, MP PC 0.0-188.7), Pittsburgh Line (Pittsburgh, PA, to CP Cannon MP, 
PT 353.5-119.1), Conemaugh Line (CP Conpit to CP Penn MP LC 0.0-77.9), 
Lake Erie District (Euclid to Ashtabula, B 172.0-129.2), Cleveland Line 
(Ravenna to Alliance, MP RD 85.9-67.2); and (4) Harrisburg Division, 
Pittsburgh Line (Harris to CP Cannon, MP PT 104.9-119.1), Harrisburg 
Line (Falls to Harrisburg, PA, MP HP 5.2-112.9), Port Road Branch (Port 
to Banks, MP EP 33.7-76.1 and Perryville to Port, MP PD 0.3-39.7).
    The expanded inspection territories include: Central Division, 
Cincinnati,

[[Page 24172]]

New Orleans and Texas Pacific Railway (Cincinnati, OH, to Chattanooga, 
TN, MP 2.46-338.2 Tracks 1 and 2); Georgia Division Atlanta, North 
District (Chattanooga, TN, to Atlanta, GA, MP 226.68-235.07 A and 
15.12-158.8 H Tracks 1 and 2); Dearborn Division, Detroit District 
(Detroit, MI, to Butler, IN, MP D 1.4-116.0); and Lake Division, New 
Castle District (Mill, OH, to Ft. Wayne, IN, MP CF 16.5-185.8). NS 
plans to test the expanded territories approximately every 30 to 45 
days.
    The nonstop continuous rail test vehicle is a self-propelled 
ultrasonic/induction rail flaw detection vehicle operating at test 
speeds up to 30 mph. Upon completion of each daily run, data is 
analyzed offline by technical experts experienced with the process on 
other Class I railroads. The analysis categorizes and prioritizes 
suspect locations for post-test field verification and hand tests. 
Field verification is conducted by qualified and certified rail test 
professionals with recordable field validation equipment based on GPS 
location and known track features identified within the flaw detection 
electronic record. Remedial actions are applied based on the findings 
per 49 CFR 213.113 for confirmed rail defect locations.
    NS' Engineering Department will continue to provide FRA's Rail 
Integrity office with rail test reports for review as required. NS 
believes expansion of the nonstop continuous rail testing to additional 
territory will continue to provide the capability to test track more 
quickly and frequently, and minimize the risk of rail service failures.
    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 (e.g., Waiver Petition Docket Number FRA-
2015-0019) 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 June 9, 2016 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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-09445 Filed 4-22-16; 8:45 am]
BILLING CODE 4910-06-P

Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices 24171 merit and made a determination that Paugh, Gregory M. Quilling, Chad M. Issued on: April 18, 2016. these applicants do not satisfy the Smith, Jeffrey L. Tanner. Larry W. Minor, criteria eligibility or meet the terms and The following 2 applicants had their Associate Administrator for Policy. conditions of the Federal exemption commercial driver’s licenses suspended [FR Doc. 2016–09529 Filed 4–22–16; 8:45 am] program. Each applicant has, prior to during the previous 3-year period: BILLING CODE 4910–EX–P this notice, received a letter of final Michael J. Achille, Tydrick D. Brooks. disposition on the exemption request. The following 3 applicants Those decision letters fully outlined the contributed to an accident(s) while DEPARTMENT OF TRANSPORTATION basis for the denial and constitute final operating a CMV: Thomas R. Abbott, Agency action. The list published in Timothy L. Bauman, Randy J. Miller. Federal Railroad Administration this notice summarizes the Agency’s The following applicant, Thomas D. [Docket Number FRA–2015–0019] recent denials as required under 49 Jacobsen, did not hold a license which U.S.C. 31315(b)(4) by periodically Petition for Waiver of Compliance allowed operation of vehicles over publishing names and reasons for 26,000 lbs. for all or part of the previous In accordance with part 211 of Title denial. The following 4 applicants did not 3-year period. 49 Code of Federal Regulations (CFR), have sufficient driving experience over The following applicant, Toby L. this document provides the public the past 3 years under normal highway Simmons, did not have an optometrist notice that by a document dated operating conditions: Bradlee J. or ophthalmologist willing to make a February 11, 2016, Norfolk Southern Durham, Nolan B. Dykema, Jerry M. statement that they are able to operate Railway (NS) requested that the Federal Elsberry, Jr., James A. Pugh. a commercial vehicle from a vision Railroad Administration (FRA) Railroad The following 23 applicants had no standpoint. Safety Board (Board) approve an experience operating a CMV: Jeret D. The following 9 applicants were amendment to its existing waiver in Akers, Jose G. Alvarez, Cristian D. denied for multiple reasons: Joseph D. order to expand the territory inspected Berlingeri, Larry G. Buchanan, Enedino Allen, Dennis M. Coley, Timothy W. pursuant to its nonstop continuous rail A. Burgos, Michael E. Carter, Shernard Detweiler, Hector O. Flores, Jonathan M. testing process. The projected starting Cook, Benjamin J. Curtis, Larry L. Davis, Gilligan, David P. Mello, Edward R. date for implementing the expansion Jr., Jesse J. DeRico, Brent I. Gruszka, Slater, Hawthorne B. Smith, Thomas D. would be March 1, 2016, and the testing Andrei I. Gusakov, Damian Klyza, Walsh. process would continue up to July 1, Miriam Laing, Patrick N. Lancaster, The following applicant, Christopher 2018. Daniel F. Large, Curtis G. Myrah, Omar D. Boyd, did not have stable vision for The original waiver grants relief from Orozco, Moises A. Portillo, Samuel C. the entire 3-year period. 49 CFR 213.113(a) and allows NS to Rodriguez, Mark J. Smithson, William B. perform a continuous rail test process The following 13 applicants met the Stiles, Sr., Michael H. Taylor. on certain designated tracks in lieu of current federal vision standards. The following 22 applicants did not the stop/start rail testing required by the Exemptions are not required for have 3 years of experience driving a regulation. NS is currently using applicants who meet the current nonstop continuous testing on the main CMV on public highways with their regulations for vision: Hani Abiyounes, vision deficiencies: Osman M. Adanalic, tracks of the Dearborn Division, Chicago Kendall K. Chandler, Chad A. Curtis, Line (Cleveland, OH, to Chicago, IL, Christopher L. Bolding, William H. Shorty Ellis, Karl D. Graves, Carl Conley, Fernando Cuevas, Fred L. Milepost (MP) CD 181.2–523.3)). Once Groves, Alexander J. Hartelust, Lark M. this district has been completed, NS Curtis, Kurt D. Davis, Adriano De Hartsock, James E. Jordon, Dorvin R. Vargas, Alex J. Demaree, Dennis C. would expand the continuous testing Neuberger, Peter J. Niedzwiecki, Raimer process to the following locations: (1) Durstine, Howard G. Edgar, Hamid A. Paredes-Escano, Timothy T. Tyree. Dearborn Division Cleveland Line Ferdowsi, Eric S. Hill, Wayde J. Isbell, Lloyd H. Kiihn, Earl B. Moffatt, Bryan The following 3 applicants drove (Ravenna to Drawbridge, MP RD 85.9– S. Moses, Ronald R. Regier, John A. interstate while restricted to intrastate: 123.2), Chicago District (Chicago, IL, to Ruggiero, Timothy P. Ryan, Charles E. Adrienne J. Allen, James L. Jones, Troy Hobart, IN, MP B 518.7–486.5), Lake Schrecengost, Barney R. Stephens, Larry A. Stephens. Erie District (Euclid to Bay Village, B L. Stewart. The following 19 applicants will not 172.0–197.3); (2) Lake Division Chicago, The following 16 applicants did not be driving interstate, interstate Fostoria, and Cleveland Districts have 3 years of recent experience commerce, or are not required to carry (Hobart, IN, to Bay Village, OH, MPB driving a CMV with the vision a DOT medical card: Gary W. Brockway, 486.5–197.3); (3) Pittsburgh Division, deficiency: John F. Armstrong, Gerald L. Fredrick Brown, Richard C. Brust, Fort Wayne Line (Pittsburgh, PA, to Barber, Daniel J. Council, Helmut Joseph L. Cohea, Robert L. Damron, Crestline, OH, MP PC 0.0–188.7), Danecker, Anthony R. Dirjan, David N. James E. Donaldson, Richard Duran, Pittsburgh Line (Pittsburgh, PA, to CP Groves, Antonio A. Jackson, Herman R. Freddie M. Henderson, Brian D. Hoover, Cannon MP, PT 353.5–119.1), Lee, Jr., Robert C. Mason, Wayne C. Ron E. Hullett, Walter J. Jurczak, Keith Conemaugh Line (CP Conpit to CP Penn Merry, Sherard L. Orange, Daniel D. Kebschull, Charles J. Kruggel, Lois J. MP LC 0.0–77.9), Lake Erie District Sandoval, Edward V. Skowronski, Colby Mahar, Dustin M. Mills, Wilbur (Euclid to Ashtabula, B 172.0–129.2), T. Smith, Kenneth L. Sutphin, Bryan H. Robinson, Jr., Robert G. Schoenborn, Cleveland Line (Ravenna to Alliance, Walker. Phillip J. Will, James L. Yingst. MP RD 85.9–67.2); and (4) Harrisburg asabaliauskas on DSK3SPTVN1PROD with NOTICES The following 12 applicants did not Finally, the following 8 applicants Division, Pittsburgh Line (Harris to CP have sufficient driving experience perform transportation for the federal Cannon, MP PT 104.9–119.1), during the past 3 years under normal government, state, or any political sub- Harrisburg Line (Falls to Harrisburg, PA, highway operating conditions: Joshua L. division of the state. Randy L. Coney, MP HP 5.2–112.9), Port Road Branch Arnold, Kevin D. Duffy, Thomas M. Rodriquez D. Evans, Jose A. Flores, Ira (Port to Banks, MP EP 33.7–76.1 and Hallwig, Gabriel L. Harrison, Richard K. D. Manuelito, Steven C. Myers, Leif H. Perryville to Port, MP PD 0.3–39.7). Hemmingsen, Gerardo Hernandez, Raul Stensrud, Joshua E. Weicht, Aaron E. The expanded inspection territories T. Leiva, Nathan M. Magaard, Mark Zelmer. include: Central Division, Cincinnati, VerDate Sep<11>2014 19:02 Apr 22, 2016 Jkt 238001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

24172 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices New Orleans and Texas Pacific Railway 0019) and may be submitted by any of SDTI seeks a 5-year extension of its (Cincinnati, OH, to Chattanooga, TN, the following methods: existing waiver, as well as a waiver of MP 2.46–338.2 Tracks 1 and 2); Georgia • Web site: http:// additional regulations, for certain Division Atlanta, North District www.regulations.gov. Follow the online portions of its light rail transit (Chattanooga, TN, to Atlanta, GA, MP instructions for submitting comments. operations which employ temporal 226.68–235.07 A and 15.12–158.8 H • Fax: 202–493–2251. separation in order to safely share track Tracks 1 and 2); Dearborn Division, • Mail: Docket Operations Facility, with the general railroad system’s San Detroit District (Detroit, MI, to Butler, U.S. Department of Transportation, 1200 Diego and Imperial Valley Railroad. IN, MP D 1.4–116.0); and Lake Division, New Jersey Avenue SE., W12–140, Contiguous to the shared trackage are New Castle District (Mill, OH, to Ft. Washington, DC 20590. portions with limited connections, Wayne, IN, MP CF 16.5–185.8). NS • Hand Delivery: 1200 New Jersey which include a small shared corridor plans to test the expanded territories Avenue SE., Room W12–140, with BNSF Railway freight service and approximately every 30 to 45 days. Washington, DC 20590, between 9 a.m. Coaster commuter train service (Coaster The nonstop continuous rail test and 5 p.m., Monday through Friday, also shares a storage yard with SDTI). vehicle is a self-propelled ultrasonic/ except Federal Holidays. FRA granted SDTI its initial waiver on induction rail flaw detection vehicle Communications received by June 9, January 19, 2001, which was extended operating at test speeds up to 30 mph. 2016 will be considered by FRA before for 5 years on September 11, 2006, to Upon completion of each daily run, data final action is taken. Comments received include minor operational changes. The is analyzed offline by technical experts after that date will be considered as far waiver was most recently extended for experienced with the process on other as practicable. 5 years on June 22, 2011, to include Class I railroads. The analysis Anyone is able to search the updating CFR section changes made categorizes and prioritizes suspect electronic form of any written since 2006. In 2012, SDTI received a locations for post-test field verification communications and comments separate waiver from FRA to operate its and hand tests. Field verification is received into any of our dockets by the SD100 and S70 rolling stock at speeds conducted by qualified and certified rail name of the individual submitting the that generate cant deficiency not test professionals with recordable field comment (or signing the document, if exceeding 6 inches on its Orange Line validation equipment based on GPS submitted on behalf of an association, joint use trackage (see Docket Number location and known track features business, labor union, etc.). In FRA–2012–0088). To simplify matters, identified within the flaw detection accordance with 5 U.S.C. 553(c), DOT SDTI now requests that the relief in both electronic record. Remedial actions are solicits comments from the public to dockets be baselined into Docket applied based on the findings per 49 better inform its processes. DOT posts Number FRA–2000–7137. CFR 213.113 for confirmed rail defect these comments, without edit, including After consulting with FRA during an locations. any personal information the onsite meeting on March 24, 2016, SDTI NS’ Engineering Department will is requesting additional relief from the commenter provides, to continue to provide FRA’s Rail Integrity following regulatory sections: 49 CFR www.regulations.gov, as described in office with rail test reports for review as part 214, subpart C, Roadway Worker the system of records notice (DOT/ALL– required. NS believes expansion of the Protection; part 228, subpart F, 14 FDMS), which can be reviewed at nonstop continuous rail testing to Substantive Hours of Service www.dot.gov/privacy. See also http:// additional territory will continue to Requirements for Train Employees www.regulations.gov/#!privacyNotice provide the capability to test track more Engaged in Commuter or Intercity Rail for the privacy notice of regulations.gov. quickly and frequently, and minimize Passenger Transportation; and part 242, the risk of rail service failures. Robert C. Lauby, Qualification and Certification of A copy of the petition, as well as any Associate Administrator for Railroad Safety, Conductors. written communications concerning the Chief Safety Officer. A copy of the petition, as well as any petition, is available for review online at [FR Doc. 2016–09445 Filed 4–22–16; 8:45 am] written communications concerning the www.regulations.gov and in person at BILLING CODE 4910–06–P petition, is available for review online at the U.S. Department of Transportation’s www.regulations.gov and in person at (DOT) Docket Operations Facility, 1200 the U.S. Department of Transportation’s New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION (DOT) Docket Operations Facility, 1200 Washington, DC 20590. The Docket New Jersey Avenue SE., W12–140, Operations Facility is open from 9 a.m. Federal Railroad Administration Washington, DC 20590. The Docket to 5 p.m., Monday through Friday, [Docket Number FRA–2000–7137] Operations Facility is open from 9 a.m. except Federal Holidays. to 5 p.m., Monday through Friday, Interested parties are invited to Petition for Waiver of Compliance except Federal Holidays. participate in these proceedings by Interested parties are invited to submitting written views, data, or In accordance with part 211 of Title participate in these proceedings by comments. FRA does not anticipate 49 Code of Federal Regulations (CFR), submitting written views, data, or scheduling a public hearing in this document provides the public comments. FRA does not anticipate connection with these proceedings since notice that by a document dated scheduling a public hearing in the facts do not appear to warrant a February 24, 2016, San Diego Trolley connection with these proceedings since hearing. If any interested party desires Incorporated (SDTI) petitioned the the facts do not appear to warrant a asabaliauskas on DSK3SPTVN1PROD with NOTICES an opportunity for oral comment, they Federal Railroad Administration (FRA) hearing. If any interested party desires should notify FRA, in writing, before for a supplemental waiver of an opportunity for oral comment, they the end of the comment period and compliance from certain additional should notify FRA, in writing, before specify the basis for their request. provisions of the Federal railroad safety the end of the comment period and All communications concerning these regulations contained in various parts of specify the basis for their request. proceedings should identify the Title 49 of the CFR. FRA assigned the All communications concerning these appropriate docket number (e.g., Waiver petition to Docket Number FRA–2000– proceedings should identify the Petition Docket Number FRA–2015– 7137. appropriate docket number and may be VerDate Sep<11>2014 19:02 Apr 22, 2016 Jkt 238001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1


Document Created: 2016-04-23 01:38:43
Document Modified: 2016-04-23 01:38:43
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 24171 
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