81_FR_24251 81 FR 24172 - Petition for Waiver of Compliance

81 FR 24172 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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

Page Range24172-24173
FR Document2016-09444

Federal Register, Volume 81 Issue 79 (Monday, April 25, 2016)
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24172-24173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09444]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2000-7137]


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 24, 2016, San Diego Trolley Incorporated (SDTI) 
petitioned the Federal Railroad Administration (FRA) for a supplemental 
waiver of compliance from certain additional provisions of the Federal 
railroad safety regulations contained in various parts of Title 49 of 
the CFR. FRA assigned the petition to Docket Number FRA-2000-7137.
    SDTI seeks a 5-year extension of its existing waiver, as well as a 
waiver of additional regulations, for certain portions of its light 
rail transit operations which employ temporal separation in order to 
safely share track with the general railroad system's San Diego and 
Imperial Valley Railroad. Contiguous to the shared trackage are 
portions with limited connections, which include a small shared 
corridor with BNSF Railway freight service and Coaster commuter train 
service (Coaster also shares a storage yard with SDTI). FRA granted 
SDTI its initial waiver on January 19, 2001, which was extended for 5 
years on September 11, 2006, to include minor operational changes. The 
waiver was most recently extended for 5 years on June 22, 2011, to 
include updating CFR section changes made since 2006. In 2012, SDTI 
received a separate waiver from FRA to operate its SD100 and S70 
rolling stock at speeds that generate cant deficiency not exceeding 6 
inches on its Orange Line joint use trackage (see Docket Number FRA-
2012-0088). To simplify matters, SDTI now requests that the relief in 
both dockets be baselined into Docket Number FRA-2000-7137.
    After consulting with FRA during an onsite meeting on March 24, 
2016, SDTI is requesting additional relief from the following 
regulatory sections: 49 CFR part 214, subpart C, Roadway Worker 
Protection; part 228, subpart F, Substantive Hours of Service 
Requirements for Train Employees Engaged in Commuter or Intercity Rail 
Passenger Transportation; and part 242, Qualification and Certification 
of Conductors.
    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

[[Page 24173]]

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. 2016-09444 Filed 4-22-16; 8:45 am]
BILLING CODE 4910-06-P



                                                    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
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                                                    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


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                                                                                   Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices                                            24173

                                                    submitted by any of the following                       of funding for Marine Highway grants                  ‘‘Grant tracking number’’ (Grants.gov);
                                                    methods:                                                and establishes selection criteria and                3. The ‘‘Legal Business Name’’ for the
                                                       • Web site: http://                                  application requirements.                             applicant that was provided in the SF–
                                                    www.regulations.gov. Follow the online                     The Department of Transportation                   424; 4. The AOR name submitted in the
                                                    instructions for submitting comments.                   (Department) will award Marine                        SF–424 (Grants.gov); 5. The DUNS
                                                       • Fax: 202–493–2251.                                 Highway Grants to implement projects                  number associated with the
                                                       • Mail: Docket Operations Facility,                  or components of projects designated                  Application; and 6. The Grants.gov Help
                                                    U.S. Department of Transportation, 1200                 under America’s Marine Highway                        Desk Tracking Number.
                                                    New Jersey Avenue SE., W12–140,                         Program. Eligible applicants must be
                                                    Washington, DC 20590.                                   sponsors of Marine Highway Projects                   FOR FURTHER INFORMATION CONTACT:     For
                                                       • Hand Delivery: 1200 New Jersey                     formally designated by the Secretary of               further information concerning this
                                                    Avenue SE., Room W12–140,                               Transportation (Secretary). The current               notice, please contact Tori Collins,
                                                    Washington, DC 20590, between 9 a.m.                    list of designated Marine Highway                     Office of Marine Highways and
                                                    and 5 p.m., Monday through Friday,                      Projects, and sponsors thereof, can be                Passenger Service, Room W21–315,
                                                    except Federal Holidays.                                found on the Marine Highway Web site                  Maritime Administration, 1200 New
                                                       Communications received by June 9,                   at: http://www.marad.dot.gov/wp-                      Jersey Ave. SE., Washington, DC 20590.
                                                    2016 will be considered by FRA before                   content/uploads/pdf/Marine-Highway-                   Phone (202) 366–0795 or email
                                                    final action is taken. Comments received                Project-Description-Pages.pdf. Only                   Tori.Collins@dot.gov.
                                                    after that date will be considered as far               sponsors of designated Marine Highway
                                                    as practicable.                                         Projects are eligible to apply for a                  SUPPLEMENTARY INFORMATION:
                                                       Anyone is able to search the                         Marine Highway Grant as described in
                                                    electronic form of any written                                                                                Table of Contents
                                                                                                            this notice.
                                                    communications and comments                                MARAD invites applications for                     A. Program Description
                                                    received into any of our dockets by the                 projects that have the added benefit of               B. Federal Award Information
                                                    name of the individual submitting the                   mitigating the negative impact of freight             C. Eligibility Information
                                                    comment (or signing the document, if                    movement on communities. Projects                     D. Application and Submission Information
                                                    submitted on behalf of an association,                  should also provide additional public                 E. Application Review Information
                                                    business, labor union, etc.). In                        benefit by addressing access to training              F. Federal Award Administration
                                                    accordance with 5 U.S.C. 553(c), DOT                    and job opportunities, where applicable                    Information
                                                    solicits comments from the public to                    and appropriate.                                      G. Federal Awarding Agency Contacts
                                                    better inform its processes. DOT posts
                                                                                                            DATES: Applications must be received                  A. Program Description
                                                    these comments, without edit, including
                                                                                                            by 8:00 p.m. Eastern Daylight Time
                                                    any personal information the                                                                                    Section 55601 of Title 46 of the
                                                                                                            (EDT) on Friday, May 27, 2016.
                                                    commenter provides, to                                                                                        United States Code directs the Secretary
                                                                                                            Applications received later than this
                                                    www.regulations.gov, as described in                                                                          to establish a short sea transportation
                                                                                                            time will not be considered.
                                                    the system of records notice (DOT/ALL–                                                                        grant program to implement projects or
                                                    14 FDMS), which can be reviewed at                      ADDRESSES: Grant applications must be
                                                                                                            submitted electronically using                        components of designated projects. The
                                                    www.dot.gov/privacy. See also http://                                                                         grant funds currently available are for
                                                    www.regulations.gov/#!privacyNotice                     www.Grants.gov. Please be aware that
                                                                                                            you must complete the Grants.gov                      projects related to documented vessels,
                                                    for the privacy notice of regulations.gov.
                                                                                                            registration process before submitting an             and port and landside infrastructure.
                                                    Robert C. Lauby,                                        application, and that the registration                B. Federal Award Information
                                                    Associate Administrator for Railroad Safety,            process usually takes 2 to 4 weeks to
                                                    Chief Safety Officer.                                   complete. Applications must be                           Under the Marine Highways Grant
                                                    [FR Doc. 2016–09444 Filed 4–22–16; 8:45 am]             submitted by 8:00 p.m. EDT on Friday,                 Program there is currently $5,000,000
                                                    BILLING CODE 4910–06–P                                  May 27, 2016.                                         available for designated Marine
                                                                                                            Application Process                                   Highway Projects. Only projects
                                                                                                                                                                  proposed by a project sponsor that have
                                                    DEPARTMENT OF TRANSPORTATION                               Applicants are strongly encouraged to              been formally designated by the
                                                                                                            make submissions in advance of the
                                                    Maritime Administration                                                                                       Secretary under the America’s Marine
                                                                                                            deadline. Applications received after
                                                                                                                                                                  Highway Program are eligible. The
                                                                                                            the deadline will not be considered
                                                    Funding Opportunity for America’s                                                                             Secretary, through the Maritime
                                                                                                            except in the case of unforeseen
                                                    Marine Highways Projects                                                                                      Administration (MARAD), intends to
                                                                                                            technical difficulties as outlined below.
                                                                                                            Late applications that are the result of              award the available funding through
                                                    AGENCY: Maritime Administration,                                                                              grants to the extent that there are worthy
                                                    Department of Transportation.                           failure to register or comply with
                                                                                                            Grants.gov applicant requirements in a                applications. MARAD will seek to
                                                    ACTION: Notice of funding opportunity.                                                                        obtain the maximum benefit from the
                                                                                                            timely manner will not be considered.
                                                    SUMMARY:   The Consolidated                             Applicants experiencing technical                     available funding by awarding grants to
                                                    Appropriations Act of 2016 (Pub. L.                     issues with Grants.gov that are beyond                as many of the most worthy projects as
                                                    114–113), signed by the President on                    the applicant’s control must contact                  possible. However, MARAD reserves the
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                                                    December 18, 2015, appropriated                         MH@dot.gov or Tim Pickering at 202–                   right to award all funds to just one
                                                    $5,000,000 for the Short Sea                            366–0704 prior to the deadline with the               project. MARAD may partially fund
                                                    Transportation Program (America’s                       user name of the registrant and details               applications by selecting parts of
                                                    Marine Highways). The purpose of the                    of the technical issue experienced. The               various discrete projects. The start date
                                                    appropriation is to make grants for                     applicant must provide: 1. Details of the             and period of performance for each
                                                    projects related to documented vessels                  technical issue experienced; 2. Screen                award will depend on the specific
                                                    and port and landside infrastructure.                   capture(s) of the technical issue                     project and must be agreed to by
                                                    This notice announces the availability                  experienced along with corresponding                  MARAD.


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Document Created: 2016-04-23 01:39:01
Document Modified: 2016-04-23 01:39:01
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 24172 

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