81_FR_92240 81 FR 91997 - Petition for Waiver of Compliance

81 FR 91997 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 243 (December 19, 2016)

Page Range91997-91998
FR Document2016-30444

Federal Register, Volume 81 Issue 243 (Monday, December 19, 2016)
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91997-91998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30444]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0108]


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 November 2, 2016, Union Pacific Railroad Company (UP) has 
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 236. FRA assigned the petition 
Docket Number FRA-2016-0108. UP seeks a waiver from compliance with cab 
signal system requirements found in 49 CFR 236.566--Locomotive of each 
train operating in train stop, train control, or cab signal territory; 
equipped. Specifically, UP seeks relief to operate Positive Train 
Control (PTC) equipped controlling locomotives with the automatic cab 
signals (ACS) cut-out.
    The relief would be within a PTC revenue service demonstration 
(RSD) area on UP's Portland Subdivision, on which a PTC system is 
installed and operative; the PTC system is successfully initialized; 
and a locomotive engineer trained and qualified in the operation of PTC 
is present for the operation of the train with the ACS cut-out.
    Locations of requested relief on the Portland Subdivision are:
    1. Between Milepost (MP) 81.6 and MP 15.6 for westward moves.
    2. Between MP 15.6 and MP 81.6 for eastward moves.
    3. Between MP 0.6 and MP 15.6 on the Graham Line.
    The PTC system to be utilized is UP's implementation of the 
Interoperable Electronic Train Management System (I-ETMS).
    If the PTC system fails and/or is cut-out enroute as a result of 
same, the train crew will cut-in the ACS onboard system, perform a 
departure test, and, if successful, continue the trip through the 
project limits under ACS operation. If the ACS onboard system cut-in 
and/or departure test are not completed successfully, the train will 
continue to operate under the provisions of 49 CFR 236.567, 
restrictions imposed when device fails and/or is cut out en route.
    UP notes that the ACS and PTC systems are not integrated on the 
locomotive and their concurrent use would potentially be confusing and 
distracting to the train crew, due to differences in the content of 
their displays, audible and visual alerts provided, and required 
acknowledgement protocols.
    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 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 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by January 18, 2017 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

[[Page 91998]]

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 https://www.regulations.gov/privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-30444 Filed 12-16-16; 8:45 am]
 BILLING CODE 4910-06-P



                                                                           Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                             91997

                                                Red Over Yellow and Red Over Flashing                   commenter provides, to                                crew will cut-in the ACS onboard
                                                Yellow signal aspects will be removed                   www.regulations.gov, as described in                  system, perform a departure test, and, if
                                                at each CP with the Red Over Flashing                   the system of records notice (DOT/ALL–                successful, continue the trip through the
                                                Red aspects remaining.                                  14 FDMS), which can be reviewed at                    project limits under ACS operation. If
                                                   The reason given for the proposed                    www.dot.gov/privacy. See also https://                the ACS onboard system cut-in and/or
                                                modification is to accommodate an                       www.regulations.gov/privacyNotice for                 departure test are not completed
                                                increased volume of switching                           the privacy notice of regulations.gov.                successfully, the train will continue to
                                                operations, which will take place in the                  Issued in Washington, DC.                           operate under the provisions of 49 CFR
                                                siding with the construction of a new                                                                         236.567, restrictions imposed when
                                                                                                        Robert C. Lauby,
                                                rock facility adjacent to Corbyn Yard.                                                                        device fails and/or is cut out en route.
                                                   A copy of the petition, as well as any               Associate Administrator for Safety, Chief
                                                                                                                                                                UP notes that the ACS and PTC
                                                                                                        Safety Officer.
                                                written communications concerning the                                                                         systems are not integrated on the
                                                petition, is available for review online at             [FR Doc. 2016–30446 Filed 12–16–16; 8:45 am]
                                                                                                                                                              locomotive and their concurrent use
                                                www.regulations.gov and in person at                    BILLING CODE 4910–06–P
                                                                                                                                                              would potentially be confusing and
                                                the U. S. Department of Transportation’s                                                                      distracting to the train crew, due to
                                                (DOT) Docket Operations Facility, 1200                                                                        differences in the content of their
                                                New Jersey Avenue SE., W12–140,                         DEPARTMENT OF TRANSPORTATION
                                                                                                                                                              displays, audible and visual alerts
                                                Washington, DC 20590. The Docket                        Federal Railroad Administration                       provided, and required
                                                Operations Facility is open from 9 a.m.                                                                       acknowledgement protocols.
                                                to 5 p.m., Monday through Friday,                       [Docket Number FRA–2016–0108]                           A copy of the petition, as well as any
                                                except Federal Holidays.                                                                                      written communications concerning the
                                                   Interested parties are invited to                    Petition for Waiver of Compliance                     petition, is available for review online at
                                                participate in these proceedings by                        In accordance with part 211 of Title               www.regulations.gov and in person at
                                                submitting written views, data, or                      49 Code of Federal Regulations (CFR),                 the Department of Transportation’s
                                                comments. FRA does not anticipate                       this document provides the public                     Docket Operations Facility, 1200 New
                                                scheduling a public hearing in                          notice that by a document dated                       Jersey Avenue SE., W12–140,
                                                connection with these proceedings since                 November 2, 2016, Union Pacific                       Washington, DC 20590. The Docket
                                                the facts do not appear to warrant a                    Railroad Company (UP) has petitioned                  Operations Facility is open from 9 a.m.
                                                hearing. If any interested party desires                the Federal Railroad Administration                   to 5 p.m., Monday through Friday,
                                                an opportunity for oral comment, they                   (FRA) for a waiver of compliance from                 except Federal Holidays.
                                                should notify FRA, in writing, before                   certain provisions of the Federal                       Interested parties are invited to
                                                the end of the comment period and                       railroad safety regulations contained at              participate in these proceedings by
                                                specify the basis for their request.                    49 CFR part 236. FRA assigned the                     submitting written views, data, or
                                                   All communications concerning these                                                                        comments. FRA does not anticipate
                                                                                                        petition Docket Number FRA–2016–
                                                proceedings should identify the                                                                               scheduling a public hearing in
                                                                                                        0108. UP seeks a waiver from
                                                appropriate docket number and may be                                                                          connection with these proceedings since
                                                                                                        compliance with cab signal system
                                                submitted by any of the following                                                                             the facts do not appear to warrant a
                                                                                                        requirements found in 49 CFR
                                                methods:                                                                                                      hearing. If any interested party desires
                                                   • Web site: http://                                  236.566—Locomotive of each train
                                                                                                        operating in train stop, train control, or            an opportunity for oral comment, they
                                                www.regulations.gov. Follow the online                                                                        should notify FRA, in writing, before
                                                instructions for submitting comments.                   cab signal territory; equipped.
                                                                                                        Specifically, UP seeks relief to operate              the end of the comment period and
                                                   • Fax: 202–493–2251.                                                                                       specify the basis for their request.
                                                   • Mail: Docket Operations Facility,                  Positive Train Control (PTC) equipped
                                                                                                                                                                All communications concerning these
                                                U.S. Department of Transportation, 1200                 controlling locomotives with the
                                                                                                                                                              proceedings should identify the
                                                New Jersey Avenue SE., W12–140,                         automatic cab signals (ACS) cut-out.
                                                                                                                                                              appropriate docket number and may be
                                                Washington, DC 20590.                                      The relief would be within a PTC
                                                                                                                                                              submitted by any of the following
                                                   • Hand Delivery: 1200 New Jersey                     revenue service demonstration (RSD)
                                                                                                                                                              methods:
                                                Avenue SE., Room W12–140,                               area on UP’s Portland Subdivision, on                   • Web site: http://
                                                Washington, DC 20590, between 9 a.m.                    which a PTC system is installed and                   www.regulations.gov. Follow the online
                                                and 5 p.m., Monday through Friday,                      operative; the PTC system is                          instructions for submitting comments.
                                                except Federal Holidays.                                successfully initialized; and a                         • Fax: 202–493–2251.
                                                   Communications received by                           locomotive engineer trained and                         • Mail: Docket Operations Facility,
                                                February 2, 2017 will be considered by                  qualified in the operation of PTC is                  U.S. Department of Transportation, 1200
                                                FRA before final action is taken.                       present for the operation of the train                New Jersey Avenue SE., W12–140,
                                                Comments received after that date will                  with the ACS cut-out.                                 Washington, DC 20590.
                                                be considered as far as practicable.                       Locations of requested relief on the                 • Hand Delivery: 1200 New Jersey
                                                   Anyone is able to search the                         Portland Subdivision are:                             Avenue SE., Room W12–140,
                                                electronic form of any written                             1. Between Milepost (MP) 81.6 and                  Washington, DC 20590, between 9 a.m.
                                                communications and comments                             MP 15.6 for westward moves.                           and 5 p.m., Monday through Friday,
                                                received into any of our dockets by the                    2. Between MP 15.6 and MP 81.6 for                 except Federal Holidays.
                                                name of the individual submitting the                   eastward moves.                                         Communications received by January
                                                comment (or signing the document, if                       3. Between MP 0.6 and MP 15.6 on
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              18, 2017 will be considered by FRA
                                                submitted on behalf of an association,                  the Graham Line.                                      before final action is taken. Comments
                                                business, labor union, etc.). In                           The PTC system to be utilized is UP’s              received after that date will be
                                                accordance with 5 U.S.C. 553(c), DOT                    implementation of the Interoperable                   considered as far as practicable.
                                                solicits comments from the public to                    Electronic Train Management System                      Anyone is able to search the
                                                better inform its processes. DOT posts                  (I–ETMS).                                             electronic form of any written
                                                these comments, without edit, including                    If the PTC system fails and/or is cut-             communications and comments
                                                any personal information the                            out enroute as a result of same, the train            received into any of our dockets by the


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                                                91998                      Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

                                                name of the individual submitting the                   inputs to and outputs from the                        name of the individual submitting the
                                                comment (or signing the document, if                    processor are maintained.                             comment (or signing the document, if
                                                submitted on behalf of an association,                     • Analyze and compare the results of               submitted on behalf of an association,
                                                business, labor union, etc.). In                        the 4-year alternative testing with the               business, labor union, etc.). In
                                                accordance with 5 U.S.C. 553(c), DOT                    results of the baseline testing performed             accordance with 5 U.S.C. 553(c), DOT
                                                solicits comments from the public to                    at the location and submit the results to             solicits comments from the public to
                                                better inform its processes. DOT posts                  the FRA.                                              better inform its processes. DOT posts
                                                these comments, without edit, including                    Many of BRC’s Interlockings, control               these comments, without edit, including
                                                any personal information the                            points, and other locations are                       any personal information the
                                                commenter provides, to                                  controlled by solid-state, vital                      commenter provides, to
                                                www.regulations.gov, as described in                    microprocessor-based systems. These                   www.regulations.gov, as described in
                                                the system of records notice (DOT/ALL–                  systems use programmed logic                          the system of records notice (DOT/ALL–
                                                14 FDMS), which can be reviewed at                      equations in lieu of relays or other                  14 FDMS), which can be reviewed at
                                                www.dot.gov/privacy. See also https://                  mechanical components for control of                  www.dot.gov/privacy. See also https://
                                                www.regulations.gov/privacyNotice for                   both vital and non-vital functions. The               www.regulations.gov/privacyNotice for
                                                the privacy notice of regulations.gov.                  logic does not change once a                          the privacy notice of regulations.gov.
                                                                                                        microprocessor-based system has been
                                                Robert C. Lauby,                                                                                                Issued in Washington, DC
                                                                                                        tested and locking tests are documented
                                                Associate Administrator for Railroad Safety,                                                                  Robert C. Lauby,
                                                                                                        on installation.
                                                Chief Safety Officer.                                      A copy of the petition, as well as any             Associate Administrator for Railroad Safety,
                                                [FR Doc. 2016–30444 Filed 12–16–16; 8:45 am]            written communications concerning the                 Chief Safety Officer.
                                                BILLING CODE 4910–06–P                                  petition, is available for review online at           [FR Doc. 2016–30445 Filed 12–16–16; 8:45 am]
                                                                                                        www.regulations.gov and in person at                  BILLING CODE 4910–06–P
                                                                                                        the Department of Transportation’s
                                                DEPARTMENT OF TRANSPORTATION                            (DOT) Docket Operations Facility, 1200
                                                                                                        New Jersey Avenue SE., W12–140,                       DEPARTMENT OF TRANSPORTATION
                                                Federal Railroad Administration                         Washington, DC 20590. The Docket
                                                                                                                                                              Federal Railroad Administration
                                                [Docket Number FRA–2016–0111]                           Operations Facility is open from 9 a.m.
                                                                                                        to 5 p.m., Monday through Friday,                     [Docket Number FRA–2007–28049]
                                                Petition for Waiver of Compliance                       except Federal Holidays.
                                                                                                           Interested parties are invited to                  Petition for Waiver of Compliance
                                                   In accordance with part 211 of Title
                                                                                                        participate in these proceedings by
                                                49 of the Code of Federal Regulations                                                                            In accordance with part 211 of Title
                                                                                                        submitting written views, data, or
                                                (CFR), this document provides the                                                                             49 of the Code of Federal Regulations
                                                                                                        comments. FRA does not anticipate
                                                public notice that by a document dated                                                                        (CFR), this provides the public notice
                                                                                                        scheduling a public hearing in
                                                November 14, 2016, The Belt Railway                                                                           that by a document dated November 29,
                                                                                                        connection with these proceedings since
                                                Company of Chicago (BRC) has                                                                                  2016, Union Pacific Railroad Company
                                                                                                        the facts do not appear to warrant a
                                                petitioned the Federal Railroad                                                                               (UP) has petitioned the Federal Railroad
                                                                                                        hearing. If any interested party desires
                                                Administration (FRA) for a waiver of                                                                          Administration (FRA) for extension of a
                                                                                                        an opportunity for oral comment, they
                                                compliance from certain provisions of                                                                         waiver of compliance from certain
                                                                                                        should notify FRA, in writing, before
                                                the Federal railroad safety regulations                                                                       provisions of the Federal railroad safety
                                                                                                        the end of the comment period and
                                                contained at 49 CFR part 236. FRA                                                                             regulations contained at 49 CFR part
                                                                                                        specify the basis for their request.
                                                assigned the petition docket number                        All communications concerning these                229, Railroad Locomotive Safety
                                                FRA–2016–0111.                                          proceedings should identify the                       Standards. Specifically, UP seeks
                                                   BRC seeks relief from certain                        appropriate docket number and may be                  extension of the provision, which
                                                requirements of part 236; specifically                  submitted by any of the following                     allows locomotives with increased pilot
                                                sections 236.377 Approach Locking,                      methods:                                              height (allowed in yard service under 49
                                                236.378 Time Locking, 236.379 Route                        • Web site: http://                                CFR 229.123(b)) to operate in the lead
                                                Locking, 236.380 Indication Locking,                    www.regulations.gov Follow the online                 position over approximately one mile of
                                                and 236.381 Traffic Locking, on vital                   instructions for submitting comments.                 track between Englewood and Settegast
                                                microprocessor-based systems. BRC                          • Fax: 202–493–2251.                               yards in Houston, TX. This petition has
                                                proposes to verify and test signal                         • Mail: Docket Operations Facility,                been assigned Docket Number FRA–
                                                locking systems controlled by                           US Department of Transportation, 1200                 2007–28049. In the petition for
                                                microprocessor-based equipment by use                   New Jersey Avenue SE., W12–140,                       extension, UP states that it has been
                                                of alternative procedures every 4 years                 Washington, DC 20590.                                 operating under the conditions set out
                                                after initial baseline testing or program                  • Hand Delivery: 1200 New Jersey                   in the original approval for this waiver
                                                change as follows:                                      Avenue SE., Room W12–140,                             for a period of 9 years with no adverse
                                                   • Verifying the Cyclic Redundancy                    Washington, DC 20590, between 9 a.m.                  impact on the safety of operations.
                                                Check (CRC)/Check Sum/Universal                         and 5 p.m., Monday through Friday,                       A copy of the petition, as well as any
                                                Control Number (UNC) of the existing                    except Federal Holidays.                              written communications concerning the
                                                location’s specific application logic to                   Communications received by                         petition, is available for review online at
                                                the previously tested version.                                                                                www.regulations.gov and in person at
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        February 2, 2017 will be considered by
                                                   • Testing the appropriate                            FRA before final action is taken.                     the Department of Transportation’s
                                                interconnection to the associated                       Comments received after that date will                (DOT) Docket Operations Facility, 1200
                                                signaling hardware equipment outside                    be considered as far as practicable.                  New Jersey Avenue SE., W12–140,
                                                of the processor (switch indication,                       Anyone is able to search the                       Washington, DC 20590. The Docket
                                                track indication, searchlight signal                    electronic form of any written                        Operations Facility is open from 9 a.m.
                                                indication, approach locking (if                        communications and comments                           to 5 p.m., Monday through Friday,
                                                external)) to verify correct and intended               received into any of our dockets by the               except Federal Holidays.


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Document Created: 2016-12-17 03:15:46
Document Modified: 2016-12-17 03:15:46
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 91997 

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