81_FR_40513 81 FR 40394 - Petition for Waiver of Compliance

81 FR 40394 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40394-40395
FR Document2016-14533

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016) 
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40394-40395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14533]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0161]


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 April 8, 2016, the Hoosier Valley Railroad Museum (HVRM), 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 223, Railroad Safety Glazing 
Standards. FRA assigned the petition Docket Number FRA-2010-0161.
    HVRM has requested a permanent waiver of compliance for one caboose 
from the requirements of 49 CFR part 223, which requires certified 
glazing in all windows. HVRM's five cabooses, B&LE 1989, EL C345, NKP 
471, GTW 75072, and EJ&E 184, were previously granted relief from the 
glazing requirements in FRA's July 14, 2011, decision letter. Since 
that time, the glazing requirements have been amended to add provisions 
for glazing on equipment that is over 50 years of age from its original 
construction date. Only Caboose EJ&E 184, which was built in 1970, does 
not meet the 50-year threshold in order to be covered under the 
recently enacted glazing rule for antiquated equipment. Caboose EJ&E 
184 is less than 50 years of age and does not meet the glazing 
requirements of 49 CFR 223.13, and thus requires regulatory relief to 
continue in operation.
    HVRM is a non-profit 501(c)(3) organization located in North 
Judson, Indiana. It is a member of the Association of Tourist Railroads 
& Railway Museums, and operates the railroad museum with the mission to 
preserve railroad history in northwest Indiana. The town of North 
Judson acquired 33 miles of rail line, purchased in 2004 from CSX 
Transportation to help maintain a rail corridor for railway excursions 
provided by HVRM using the heritage equipment. HVRM is all volunteer 
operated, has 15 or less ``hours of service'' volunteer workers, and 
has FRA-approved certification programs for engineers and conductors. 
HVRM operations/train excursions are conducted primarily on weekends. 
There are also 10 or less weekday excursions annually for school field 
trips and community organizations. The town of North Judson contracts 
with a Class III short line operator, the Chesapeake & Indiana Railroad 
(CKIN), to maintain the rail line and provide freight service to the 
rail line customers. The primary freight corridor is Malden to La 
Crosse to Wellsboro, Indiana. La Crosse contains a wye track used both 
by HVRM and CKIN for their respective operations. HVRM provides a 30-
day advance notice of excursion train schedules to CKIN. Both entities 
operate under the General Code of Operating Rules and the entire 33-
mile rail line is operated under yard limits at speeds not to exceed 20 
miles per hour.
    HVRM notes that the use of this caboose for tourist, historic, or 
excursion operations will be on expanded territory as referenced in 
HVRM's April 11, 2016, letter assigned to FRA Docket Number FRA-2006-
24647. In addition to the 10 miles between North Judson and La Crosse, 
the caboose will occasionally operate in tourist, excursion, and 
special event trains as far as Malden, South Thomaston, Hanna, and 
Wellsboro.
    The subject caboose, EJ&E 184, is only operated at limited track 
speed under yard limits subject to the authority of the CKIN, which is 
part of the general railroad system. HVRM notes that the installed 
glass in the subject caboose is in good condition, operations are in a 
benign environment, and the expense of retrofitting the subject caboose 
with FRA certified glazing imposes a financial burden.
    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 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 
the 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 August 5, 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

[[Page 40395]]

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. 2016-14533 Filed 6-20-16; 8:45 am]
BILLING CODE 4910-06-P

40394 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices carrier of property or passengers has provisions of the Federal railroad safety excursion operations will be on obtained, and has in effect, the regulations contained at 49 CFR part expanded territory as referenced in minimum levels of financial 223, Railroad Safety Glazing Standards. HVRM’s April 11, 2016, letter assigned responsibility as set forth in applicable FRA assigned the petition Docket to FRA Docket Number FRA–2006– regulations (motor carriers of property— Number FRA–2010–0161. 24647. In addition to the 10 miles 49 CFR 387.9; and motor carriers of HVRM has requested a permanent between North Judson and La Crosse, passengers—49 CFR 387.33). FMCSA waiver of compliance for one caboose the caboose will occasionally operate in and the public can verify that a motor from the requirements of 49 CFR part tourist, excursion, and special event carrier of property or passengers has 223, which requires certified glazing in trains as far as Malden, South obtained, and has in effect, the required all windows. HVRM’s five cabooses, Thomaston, Hanna, and Wellsboro. minimum levels of financial B&LE 1989, EL C345, NKP 471, GTW The subject caboose, EJ&E 184, is only responsibility, by use of the information 75072, and EJ&E 184, were previously operated at limited track speed under enclosed within these documents. granted relief from the glazing yard limits subject to the authority of On February 25, 2016, FMCSA requirements in FRA’s July 14, 2011, the CKIN, which is part of the general published a notice in the Federal decision letter. Since that time, the railroad system. HVRM notes that the Register requesting public comments on glazing requirements have been installed glass in the subject caboose is the ‘‘Financial Responsibility for Motor amended to add provisions for glazing in good condition, operations are in a Carriers of Passengers and Motor on equipment that is over 50 years of benign environment, and the expense of Carriers of Property’’ Information age from its original construction date. retrofitting the subject caboose with Collection Request, OMB Control Only Caboose EJ&E 184, which was FRA certified glazing imposes a Number 2126–0008 (81 FR 9582). Two built in 1970, does not meet the 50-year financial burden. comments were received in response to threshold in order to be covered under A copy of the petition, as well as any this notice. FMCSA contacted one of the the recently enacted glazing rule for written communications concerning the commenters and determined that the antiquated equipment. Caboose EJ&E petition, is available for review online at question was about a company-specific 184 is less than 50 years of age and does www.regulations.gov and in person at FMCSA registration issue unrelated to not meet the glazing requirements of 49 the U.S. Department of Transportation’s the notice, which has already been CFR 223.13, and thus requires Docket Operations Facility, 1200 New resolved. FMCSA believes the other regulatory relief to continue in Jersey Avenue SE., W12–140, comment can be interpreted as an operation. Washington, DC 20590. The Docket advertisement for the commenter’s HVRM is a non-profit 501(c)(3) Operations Facility is open from 9 a.m. company, and not a question about the organization located in North Judson, to 5 p.m., Monday through Friday, notice. Indiana. It is a member of the except Federal Holidays. Public Comments Invited: You are Association of Tourist Railroads & Interested parties are invited to asked to comment on any aspect of this Railway Museums, and operates the participate in these proceedings by information collection, including: (1) railroad museum with the mission to submitting written views, data, or whether the proposed collection is preserve railroad history in northwest comments. FRA does not anticipate necessary for the performance of Indiana. The town of North Judson scheduling a public hearing in FMCSA’s functions; (2) the accuracy of acquired 33 miles of rail line, purchased connection with these proceedings since the estimated burden; (3) ways for the in 2004 from CSX Transportation to the facts do not appear to warrant a FMCSA to enhance the quality, help maintain a rail corridor for railway hearing. If any interested party desires usefulness, and clarity of the collected excursions provided by HVRM using the an opportunity for oral comment, they information; and (4) ways that the heritage equipment. HVRM is all should notify FRA, in writing, before burden could be minimized without volunteer operated, has 15 or less the end of the comment period and reducing the quality of the collected ‘‘hours of service’’ volunteer workers, specify the basis for the request. information. and has FRA-approved certification All communications concerning these Issued under the authority delegated in 49 programs for engineers and conductors. proceedings should identify the CFR 1.87 on: June 15, 2016. HVRM operations/train excursions are appropriate docket number and may be G. Kelly Regal, conducted primarily on weekends. submitted by any of the following Associate Administrator for Office of There are also 10 or less weekday methods: Research and Information Technology. excursions annually for school field • Web site: http:// [FR Doc. 2016–14743 Filed 6–20–16; 8:45 am] trips and community organizations. The www.regulations.gov. Follow the online town of North Judson contracts with a instructions for submitting comments. BILLING CODE 4910–EX–P Class III short line operator, the • Fax: 202–493–2251. Chesapeake & Indiana Railroad (CKIN), • Mail: Docket Operations Facility, DEPARTMENT OF TRANSPORTATION to maintain the rail line and provide U.S. Department of Transportation, 1200 freight service to the rail line customers. New Jersey Avenue SE., W12–140, Federal Railroad Administration The primary freight corridor is Malden Washington, DC 20590. to La Crosse to Wellsboro, Indiana. La • Hand Delivery: 1200 New Jersey [Docket Number FRA–2010–0161] Crosse contains a wye track used both Avenue SE., Room W12–140, Petition for Waiver of Compliance by HVRM and CKIN for their respective Washington, DC 20590, between 9 a.m. operations. HVRM provides a 30-day asabaliauskas on DSK3SPTVN1PROD with NOTICES and 5 p.m., Monday through Friday, In accordance with part 211 of Title advance notice of excursion train except Federal Holidays. 49 Code of Federal Regulations (CFR), schedules to CKIN. Both entities operate Communications received by August this document provides the public under the General Code of Operating 5, 2016 will be considered by FRA notice that by a document dated April Rules and the entire 33-mile rail line is before final action is taken. Comments 8, 2016, the Hoosier Valley Railroad operated under yard limits at speeds not received after that date will be Museum (HVRM), petitioned the to exceed 20 miles per hour. considered as far as practicable. Federal Railroad Administration (FRA) HVRM notes that the use of this Anyone is able to search the for a waiver of compliance from certain caboose for tourist, historic, or electronic form of any written VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1

Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices 40395 communications and comments Housing Center, National Association of submitted on behalf of an association, received into any of our dockets by the Home Builders, 1201 15th Street NW., business, labor union, etc.). In name of the individual submitting the Washington, DC 20005. Interested accordance with 5 U.S.C. 553(c), DOT comment (or signing the document, if parties are invited to present oral solicits comments from the public to submitted on behalf of an association, statements at this hearing. For better inform its processes. DOT posts business, labor union, etc.). In information on facilities or services for these comments, without edit, including accordance with 5 U.S.C. 553(c), DOT persons with disabilities, or to request any personal information the solicits comments from the public to special assistance at the hearing, contact commenter provides, to better inform its processes. DOT posts Mr. Steven Zuiderveen, FRA Railroad www.regulations.gov, as described in these comments, without edit, including Safety Specialist, by telephone, email, the system of records notice (DOT/ALL– any personal information the or in writing, at least 5 business days 14 FDMS), which can be reviewed at commenter provides, to before the date of the hearing. Mr. www.dot.gov/privacy. See also http:// www.regulations.gov, as described in Zuiderveen’s contact information is as www.regulations.gov/#!privacyNotice the system of records notice (DOT/ALL– follows: FRA, Office of Railroad Safety, for the privacy notice of regulations.gov. 14 FDMS), which can be reviewed at Mail Stop 25, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493– Robert C. Lauby, www.dot.gov/privacy. See also http:// www.regulations.gov/#!privacyNotice 6337; Steven.Zuiderveen@dot.gov. The Associate Administrator for Railroad Safety, informal hearing will be conducted by Chief Safety Officer. for the privacy notice of regulations.gov. a representative designated by FRA in [FR Doc. 2016–14534 Filed 6–20–16; 8:45 am] Robert C. Lauby, accordance with FRA’s Rules of Practice BILLING CODE 4910–06–P Associate Administrator for Railroad Safety, (see specifically 49 CFR 211.25). FRA’s Chief Safety Officer. representative will make an opening [FR Doc. 2016–14533 Filed 6–20–16; 8:45 am] statement outlining the scope of the DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–06–P hearing, as well as any additional procedures for the conduct of the Federal Railroad Administration hearing. The hearing will be a non- [Docket No. FRA–2012–0033] DEPARTMENT OF TRANSPORTATION adversarial proceeding in which all interested parties will be given the Notice of Intent To Grant a Buy Federal Railroad Administration opportunity to express their views America Waiver to the City of [Docket Number FRA–2016–0018] regarding the waiver petition without Sacramento, California, Department of cross examination. After all initial Public Works, To Use Marmoleum Notice of Public Hearing for Statutory statements have been completed, those Flooring Exemption individuals wishing to make brief AGENCY: Federal Railroad On March 21, 2016, the Federal rebuttal statements will be given an Administration (FRA), United States Railroad Administration (FRA) opportunity to do so. Department of Transportation (DOT). In addition, FRA is extending the published a notice in the Federal ACTION: Notice of intent to grant Buy comment period for this waiver petition Register (81 FR 15146) regarding the America waiver. to October 13, 2016, to allow adequate Association of American Railroads’ time for any additional comments to be SUMMARY: FRA is issuing this notice to (AAR) request for a waiver of submitted following the public hearing advise the public it intends to grant the compliance and statutory exemption scheduled for September 13, 2016. City of Sacramento, California, from certain provisions of Title 49 Code Communications received by that date of Federal Regulations (CFR) Part 232– Department of Public Works will be considered by FRA before final (Sacramento), a waiver from FRA’s Buy Brake System Safety Standards for action is taken. Comments received after Freight and Other Non-Passenger Trains America requirement to use Walton that date will be considered as far as Cirrus Original Brown #3665 (Brown and Equipment; End-of-Train Devices. practicable. All communications Specifically, AAR petitioned FRA for a Marmoleum), in the Sacramento Valley concerning these proceedings should Station Phase II intermodal project. waiver of compliance from 49 CFR identify the appropriate docket number 232.213–Extended haul trains, 49 CFR DATES: Written comments on FRA’s and may be submitted by any of the 232.15–Movement of defective determination to grant Sacramento’s following methods: equipment, and 49 CFR 232.103(f)– • Web site: http:// Buy America waiver request should be General requirements for all train brake www.regulations.gov. Follow the online provided to the FRA on or before June systems; and requests a statutory instructions for submitting comments. 28, 2016. exemption to 49 U.S.C. 20303–Moving • Fax: 202–493–2251. ADDRESSES: Please submit your defective and insecure vehicles needing • Mail: Docket Operations Facility, comments by one of the following repairs, for the purposes of conducting U.S. Department of Transportation means, identifying your submissions by testing to demonstrate the effectiveness (DOT), 1200 New Jersey Avenue SE., docket number FRA–2012–0033. All of using wayside wheel temperature W12–140, Washington, DC 20590. electronic submissions must be made to detector data to ensure safe braking • Hand Delivery: 1200 New Jersey the U.S. Government electronic site at performance. This petition was assigned Avenue SE., Room W12–140, http://www.regulations.gov. Docket Number FRA–2016–0018. Washington, DC 20590, between 9 a.m. Commenters should follow the asabaliauskas on DSK3SPTVN1PROD with NOTICES Pursuant to 49 U.S.C. 20306– and 5 p.m., Monday through Friday, instructions below for mailed and hand- Exemption for technological except Federal Holidays. delivered comments: improvements, AAR has requested a Anyone is able to search the (1) Web site: http:// hearing during which evidence can be electronic form of any written www.regulations.gov. Follow the developed for a statutory exemption to communications and comments instructions for submitting comments 49 U.S.C. 20303. Accordingly, a hearing received into any of our dockets by the on the U.S. Government electronic is scheduled to begin at 10 a.m. name of the individual submitting the docket site; September 13, 2016, at the National comment (or signing the document, if (2) Fax: (202) 493–2251; VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1


Document Created: 2016-06-21 01:30:50
Document Modified: 2016-06-21 01:30:50
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 40394 
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