81_FR_53110 81 FR 52956 - Petition for Waiver of Compliance

81 FR 52956 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range52956-52957
FR Document2016-18955

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016) 
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52956-52957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18955]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-0030]


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 June 15, 2016, the New Jersey Transit Corporation (NJ Transit) 
has petitioned the Federal Railroad Administration (FRA) for an 
extension of its existing waiver of compliance from certain provisions 
of the Federal railroad safety regulations. FRA assigned the petition 
Docket Number FRA-2007-0030.
    NJ Transit owns and operates Southern New Jersey Light Rail 
Transit, a commuter light rail transit system operating for 
approximately 34 miles between Trenton, NJ, and Camden, NJ. This 
commuter operation is also known as the River Line and operates over a 
Conrail freight line. The operation uses non-FRA-compliant diesel 
multiple unit trainsets during an exclusive passenger period, 
temporally separated from Conrail's nightly freight operations over the 
same tracks. NJ Transit first requested FRA approval of the shared use 
arrangement and the associated regulatory waivers for this operation on 
July 13, 1999, in Docket Number 1999-6135, and has received subsequent 
extensions and modifications of this regulatory relief in 2004, 2005, 
2006, 2007 (relating to ``Extended Temporal Separation Plan''), 2008 
(related to further modifications to the temporal separation plan and 
for allowing increased maximum operating speed of 65 mph with 4 inches 
of cant deficiency), 2012 (baselining all prior relief into sole Docket 
Number FRA-2007-0030 so that all related waivers would expire at the 
same time), and again in 2013 (modification to include relief from 49 
CFR part 242, Qualification and Certification of Conductors).
    This request is consistent with the requirements set forth in the 
``Statement of Agency Policy Concerning Jurisdiction Over the Safety of 
Railroad Passenger Operations and Waivers Related to Shared Use of the 
Tracks of the General Railroad System by Light

[[Page 52957]]

Rail and Conventional Equipment,'' 65 FR 42529 (July 10, 2000); see 
also ``Joint Statement of Agency Policy Concerning Shared Use of the 
Tracks of the General Railroad System by Conventional Railroads and 
Light Rail Transit Systems,'' 65 FR 42626 (July 10, 2000).
    In its present petition, NJ Transit seeks an extension of the terms 
and conditions of the 2012 waiver of compliance, and respectfully 
requests that FRA incorporates the subsequent terms and conditions 
granted in the 2013 relief so that all waivers are baselined from this 
time forward. NJ Transit again seeks relief from the following: 49 CFR 
part 219, Control of Alcohol and Drug Use; 49 CFR 221.13(a) and 
221.14(a) (related to rear end marking devices); 49 CFR part 222, Use 
of Locomotive Horns at Public Highway-rail Grade Crossings (at 
locations and per the conditions of FRA's November 9, 2006 decision 
letter); 49 CFR 223.9(c), (d), and 223.15(c) (related to safety 
glazing); 49 CFR 229.125 (related to vehicle headlights and auxiliary 
lights); 49 CFR part 231, Railroad Safety Appliance Standards; 49 CFR 
234.105(c)(3) (related to grade crossing warning system activation 
failures); 49 CFR 236.23, 236.502, 236.504, 236.507, 236.566 (related 
to railroad signal and train control systems); 49 CFR 238.113, 
238.115(b)(4), 238.203, 238.205(a), 238.207, 238.209, 238.211, 238.213, 
238.215, 238.217, 238.221(a), 238.223, 238.231(i), 238.233, 238.235, 
238.237, and 238.301-238.319 (related to various aspects of FRA's 
passenger equipment safety standards); 49 CFR part 239, Passenger Train 
Emergency Preparedness; and 49 CFR part 242. NJ Transit also seeks 
FRA's approval to operate at 4 inches underbalance in accordance with 
49 CFR 213.57.
    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-
2007-0030) 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 September 26, 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. 2016-18955 Filed 8-9-16; 8:45 am]
 BILLING CODE 4910-06-P

52956 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices Register on March 11, 1996 (61 FR petition, are available for review online Issued in Washington, DC, on July 28, 9740), for additional information about at www.regulations.gov and in person at 2016. the RSAC. the U.S. Department of Transportation’s Robert C. Lauby, Issued in Washington, DC, on August 2, (DOT) Docket Operations Facility, 1200 Associate Administrator for Railroad Safety, 2016. New Jersey Avenue SE., W12–140, Chief Safety Officer. Robert C. Lauby, Washington, DC 20590. The Docket [FR Doc. 2016–18954 Filed 8–9–16; 8:45 am] Associate Administrator for Railroad Safety, Operations Facility is open from 9 a.m. BILLING CODE 4910–06–P Chief Safety Officer. to 5 p.m., Monday through Friday, [FR Doc. 2016–19010 Filed 8–9–16; 8:45 am] except Federal Holidays. DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–06–P Interested parties are invited to participate in these proceedings by Federal Railroad Administration submitting written views, data, or [Docket Number FRA–2007–0030] DEPARTMENT OF TRANSPORTATION comments. FRA does not anticipate Federal Railroad Administration scheduling a public hearing in Petition for Waiver of Compliance connection with these proceedings since [Docket Number FRA–2016–0056] In accordance with part 211 of title 49 the facts do not appear to warrant a Code of Federal Regulations (CFR), this Petition for Special Approval of hearing. If any interested party desires document provides the public notice Alternate Standard an opportunity for oral comment, they that by a document dated June 15, 2016, should notify FRA in writing before the the New Jersey Transit Corporation (NJ In accordance with part 238 of Title end of the comment period, and specify 49 Code of Federal Regulations (CFR), Transit) has petitioned the Federal the basis for their request. All Railroad Administration (FRA) for an this provides the public notice that by communications concerning these a document dated May 4, 2016, the extension of its existing waiver of proceedings should identify the compliance from certain provisions of Maryland Transit Administration (MTA) has requested a Special Approval of an appropriate Docket Number and may be the Federal railroad safety regulations. alternate standard for 49 CFR submitted by any of the following FRA assigned the petition Docket 238.311(a), Single car test, as prescribed methods: Number FRA–2007–0030. in 49 CFR 238.21(b), Special approval • Web site: http:// NJ Transit owns and operates procedure. The Federal Railroad www.regulations.gov. Follow the online Southern New Jersey Light Rail Transit, Administration (FRA) assigned the instructions for submitting comments. a commuter light rail transit system request Docket Number FRA–2016– operating for approximately 34 miles • Fax: 202–493–2251. between Trenton, NJ, and Camden, NJ. 0056. MTA requests consideration for • Mail: Docket Operations Facility, This commuter operation is also known Special Approval of the submitted U.S. Department of Transportation, 1200 as the River Line and operates over a alternate standard identified as ‘‘MARC New Jersey Avenue SE., W12–140, Conrail freight line. The operation uses Mechanical Department Single Car Air Washington, DC 20590. non-FRA-compliant diesel multiple unit Brake Test—MARC IV Cab Standard trainsets during an exclusive passenger • Hand Delivery: 1200 New Jersey Maintenance Instruction (SMI) M4– period, temporally separated from Avenue SE., Room W12–140, 06002’’ for single car testing of the Conrail’s nightly freight operations over Washington, DC 20590, between 9 a.m. MARC IV cab cars. MTA states that the the same tracks. NJ Transit first and 5 p.m., Monday through Friday, requested FRA approval of the shared proposed alternative maintenance except Federal Holidays. use arrangement and the associated standard provides an equivalent level of safety as the standard contained in Communications received by regulatory waivers for this operation on American Public Transportation September 9, 2016 will be considered by July 13, 1999, in Docket Number 1999– Association (APTA) PR–MS–005–98 FRA before final action is taken. 6135, and has received subsequent Rev. 2.1, which is incorporated by Comments received after that date will extensions and modifications of this reference at 49 CFR 238.311, Single car be considered as far as practicable. regulatory relief in 2004, 2005, 2006, test. MARC IV cab cars are equipped Anyone is able to search the 2007 (relating to ‘‘Extended Temporal with New York Air Brake CCBII electronic form of any written Separation Plan’’), 2008 (related to electronic locomotive brake equipment, communications and comments further modifications to the temporal and cannot be qualified for trailer car received into any of FRA’s dockets by separation plan and for allowing use with an unmodified version of the increased maximum operating speed of the name of the individual submitting referenced APTA standard. MTA 65 mph with 4 inches of cant the comment (or signing the document, considers that the information deficiency), 2012 (baselining all prior if submitted on behalf of an association, contained within its petition supports relief into sole Docket Number FRA– granting the use of an alternate standard business, labor union, etc.). In 2007–0030 so that all related waivers to the APTA PR–M–S–005–98 standard accordance with 5 U.S.C. 553(c), DOT would expire at the same time), and for single car testing of the MARC IV cab solicits comments from the public to again in 2013 (modification to include cars as requested, and seeks FRA better inform its processes. DOT posts relief from 49 CFR part 242, concurrence with MTA’s conclusions these comments, without edit, including Qualification and Certification of drawn regarding the equivalency of air any personal information the Conductors). mstockstill on DSK3G9T082PROD with NOTICES brake system validation identified in commenter provides, to This request is consistent with the APTA PR–M–S–005–98 with www.regulations.gov, as described in requirements set forth in the ‘‘Statement implementation of the procedure, M4– the system of records notice (DOT/ALL– of Agency Policy Concerning 06002. 14 FDMS), which can be reviewed at Jurisdiction Over the Safety of Railroad Copies of these documents and the www.dot.gov/privacy. See also http:// Passenger Operations and Waivers petition, as well as any written www.regulations.gov/#!privacyNotice Related to Shared Use of the Tracks of communications concerning the for the privacy notice of regulations.gov. the General Railroad System by Light VerDate Sep<11>2014 17:34 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1

Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices 52957 Rail and Conventional Equipment,’’ 65 All communications concerning these public body for any public purpose with FR 42529 (July 10, 2000); see also ‘‘Joint proceedings should identify the no further obligation to the Federal Statement of Agency Policy Concerning appropriate docket number (e.g., Waiver Government if, among other things, no Shared Use of the Tracks of the General Petition Docket Number FRA–2007– Federal agency is interested in acquiring Railroad System by Conventional 0030) and may be submitted by any of the asset for Federal use. Accordingly, Railroads and Light Rail Transit the following methods: FTA is issuing this Notice to advise Systems,’’ 65 FR 42626 (July 10, 2000). • Web site: http:// Federal Agencies that South Bend In its present petition, NJ Transit www.regulations.gov. Follow the online Public Transportation (‘‘Transpo’’) seeks an extension of the terms and instructions for submitting comments. intends to transfer the Leighton Parking conditions of the 2012 waiver of • Fax: 202–493–2251. Garage property (the ‘‘Facility’’) to the compliance, and respectfully requests • Mail: Docket Operations Facility, City of South Bend, acting by and that FRA incorporates the subsequent U.S. Department of Transportation, 1200 through its Board of Public Works (the terms and conditions granted in the New Jersey Avenue SE., W12–140, ‘‘City’’). The Facility is located at 109 2013 relief so that all waivers are Washington, DC 20590. West Jefferson Boulevard, South Bend, baselined from this time forward. NJ • Hand Delivery: 1200 New Jersey Indiana. It is in downtown South Bend Transit again seeks relief from the Avenue SE., Room W12–140, on a parcel of property bounded by following: 49 CFR part 219, Control of Washington, DC 20590, between 9 a.m. Michigan Street, Jefferson Boulevard, Alcohol and Drug Use; 49 CFR 221.13(a) and 5 p.m., Monday through Friday, Main Street, and Wayne Street. and 221.14(a) (related to rear end except Federal holidays. The Facility is a parking garage with marking devices); 49 CFR part 222, Use Communications received by approximately 215 underground parking of Locomotive Horns at Public Highway- September 26, 2016 will be considered spaces and aproximately 429 above- rail Grade Crossings (at locations and by FRA before final action is taken. ground parking spaces including all per the conditions of FRA’s November Comments received after that date will equipment used to control parking. 9, 2006 decision letter); 49 CFR 223.9(c), be considered as far as practicable. DATES: Effective Date: Any Federal (d), and 223.15(c) (related to safety Anyone is able to search the agency interested in acquiring the glazing); 49 CFR 229.125 (related to electronic form of any written Facility must notify the FTA Region V vehicle headlights and auxiliary lights); communications and comments Office of its interest by September 9, 49 CFR part 231, Railroad Safety received into any of our dockets by the 2016. Appliance Standards; 49 CFR name of the individual submitting the 234.105(c)(3) (related to grade crossing comment (or signing the document, if ADDRESSES: Interested parties should warning system activation failures); 49 submitted on behalf of an association, notify the Regional Office by writing to CFR 236.23, 236.502, 236.504, 236.507, business, labor union, etc.). In Marisol R. Simón, Regional 236.566 (related to railroad signal and accordance with 5 U.S.C. 553(c), DOT Administrator, Federal Transit train control systems); 49 CFR 238.113, solicits comments from the public to Administration, 200 West Adams, Suite 238.115(b)(4), 238.203, 238.205(a), better inform its processes. DOT posts 320, Chicago, IL 60606. 238.207, 238.209, 238.211, 238.213, these comments, without edit, including FOR FURTHER INFORMATION CONTACT: 238.215, 238.217, 238.221(a), 238.223, any personal information the Kathryn Loster, Regional Counsel, at 238.231(i), 238.233, 238.235, 238.237, commenter provides, to 312–353–3869. and 238.301–238.319 (related to various www.regulations.gov, as described in SUPPLEMENTARY INFORMATION: aspects of FRA’s passenger equipment the system of records notice (DOT/ALL– safety standards); 49 CFR part 239, Background 14 FDMS), which can be reviewed at Passenger Train Emergency www.dot.gov/privacy. See also http:// 49 U.S.C. Section 5334(h) provides Preparedness; and 49 CFR part 242. NJ www.regulations.gov/#!privacyNotice guidance on the transfer of assets no Transit also seeks FRA’s approval to for the privacy notice of regulations.gov. longer needed. Specifically, if a operate at 4 inches underbalance in recipient of FTA assistance decides an accordance with 49 CFR 213.57. Robert C. Lauby, asset acquired at least in part with A copy of the petition, as well as any Associate Administrator for Railroad Safety federal assistance is no longer needed written communications concerning the Chief Safety Officer. for the purpose for which it was petition, is available for review online at [FR Doc. 2016–18955 Filed 8–9–16; 8:45 am] acquired, the Secretary of www.regulations.gov and in person at BILLING CODE 4910–06–P Transportation may authorize the the U.S. Department of Transportation’s recipient to transfer the asset to a local (DOT) Docket Operations Facility, 1200 governmental authority to be used for a New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION public purpose with no further Washington, DC 20590. The Docket obligation to the Government. 49 U.S.C. Operations Facility is open from 9 a.m. Federal Transit Administration Section 5334(h)(l). to 5 p.m., Monday through Friday, Transfer of Federally Assisted Land or Determinations except Federal Holidays. Interested parties are invited to Facility The Secretary may authorize a participate in these proceedings by AGENCY: Federal Transit Administration, transfer for a public purpose other than submitting written views, data, or DOT. public transportation only if the comments. FRA does not anticipate ACTION: Notice of intent to transfer Secretary decides: scheduling a public hearing in mstockstill on DSK3G9T082PROD with NOTICES Federally assisted land or facility. (A) The asset will remain in public connection with these proceedings since use for at least 5 years after the date the the facts do not appear to warrant a SUMMARY: Section 5334(h) of the Federal asset is transferred; hearing. If any interested party desires Transit Laws, as codified, 49 U.S.C. (B) There is no purpose eligible for an opportunity for oral comment, they 5301, et seq., permits the Administrator assistance under this chapter for which should notify FRA, in writing, before of the Federal Transit Administration the asset should be used; the end of the comment period and (FTA) to authorize a recipient of FTA (C) The overall benefit of allowing the specify the basis for their request. funds to transfer land or a facility to a transfer is greater than the interest of the VerDate Sep<11>2014 17:34 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1


Document Created: 2016-08-10 01:59:59
Document Modified: 2016-08-10 01:59:59
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 52956 
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