82 FR 20416 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 82 (May 1, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 82 (May 1, 2017)
| Page Range | 20416-20417 | |
| FR Document | 2017-08681 |
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)] [Notices] [Pages 20416-20417] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08681] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2006-24216] Petition for Waiver of Compliance Under part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that on February 28, 2017, and March 27, 2017, the Sacramento Regional Transit District (RT) petitioned the Federal Railroad Administration (FRA) for an extension of an amendment to its existing waiver of compliance from certain provisions of the Federal [[Page 20417]] railroad safety regulations contained at 49 CFR part 222-Use of Locomotive Horns at Public Highway Rail Grade Crossings, 49 CFR 229.125-Headlights and auxiliary lights, and 49 CFR 234.105(c)(3)-- Activation failure. RT is also requesting a change of the waiver's scope to include regulatory relief for new service on a 4-mile extension of its Blue Line which runs south to Cosumnes River College. FRA assigned the petition Docket Number FRA-2006-24216. RT seeks to modify and extend the terms and conditions of its shared use waivers for portions of its rail fixed guideway public transit Blue Line and Gold Line (also known as Folsom Line) that share corridors, including highway-rail grade crossings, with the Union Pacific Railroad (UP). FRA most recently granted conditional relief to RT from the regulatory sections specified above in 2012. FRA notes that the relief from the requirements of 49 CFR part 222 is currently applicable only at the 17 shared highway-rail grade crossings on the Gold Line. On August 4, 2015, RT extended its Blue Line to Cosumnes River College Station, adding four station stops. RT would like to expand the scope of all relief granted to date to include this Blue Line extension to Cosumnes River College Station. This Blue Line extension added one additional shared grade crossing at Meadowview Road. After crossing Meadowview Road, the light rail alignment immediately moves out of the shared right-of-way and into exclusive RT right-of-way. For the short distance that the Blue Line extension is in the shared corridor with UP, there is a 50-foot track separation between the two rail operations. Due to the distance separating the tracks in the shared corridor, RT does not require special procedures for operating past either stopped or moving UP trains. RT states that the Meadowview crossing was redesigned to accommodate RT's light rail system, was placed into service with the approval of the California Public Utilities Commission, and was added to RT's Operations and Maintenance Agreement with UP covering joint operations in the shared corridor. There have been no significant incidents involving the Meadowview crossing since RT began its operations. RT notes that this crossing is also a part of the City of Sacramento's quiet zone for this corridor. 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 parties desire an opportunity for oral comment and a public hearing, 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 June 15, 2017 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can 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.). Under 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2017-08681 Filed 4-28-17; 8:45 am] BILLING CODE 4910-06-P
![20416 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices
opportunity to inspect the information arises when law enforcement officers • The CMV must be designed to haul
relevant to the application, including interpret the ‘‘K’’ restriction to mean a harvested agricultural commodity or
any safety analyses that have been that the license is invalid outside the equipment for harvesting, or be a
conducted. The Agency must also issuing State, even though section support vehicle for custom-harvesting
provide an opportunity for public 391.2(a) exempts younger custom operations such as a service truck;
comment on the request. harvester drivers from the 21-year-old • The CMV may be hauling a
The Agency reviews safety analyses age requirement when operating in harvested agricultural commodity or
and public comments submitted, and interstate commerce. This has caused equipment for the purpose of custom
determines whether granting the drivers employed by some of USCHI’s harvesting;
exemption would likely achieve a level members to be cited for CDL violations • The CMV may have newly
of safety equivalent to, or greater than, during inspections. This an issue not harvested commodity or remnants on
the level that would be achieved by the only for the individual driver, but also board;
current regulation (49 CFR 381.305). for the custom harvester employer, • The driver will provide a verifiable
The decision of the Agency must be whose safety record is adversely location of current harvesting operation
published in the Federal Register (49 affected. or delivery location for a harvested
CFR 381.315(b)) with the reasons for Therefore, USCHI asks that the commodity.
denying or granting the application and, Agency grant an exemption under the
if granted, the name of the person or following terms and conditions: IV. Method To Ensure an Equivalent or
class of persons receiving the (1) Drivers for custom harvesters Greater Level of Safety
exemption, and the regulatory provision operating in interstate commerce shall One requirement of any exemption
from which the exemption is granted. be exempt from any intrastate-only ‘‘K’’ issued under 49 CFR part 381 is that it
The notice must also specify the restriction on their CDLs (49 CFR be likely to achieve a level of safety
effective period and explain the terms 383.153(a)(10)(vii)); equivalent to, or greater than, the level
and conditions of the exemption. The (2) Drivers to be included in this that would be achieved by the current
exemption may be renewed (49 CFR exemption are identified in 49 CFR regulation. In this case interstate
381.300(b)). 391.2 as those operating a CMV to: operations by custom harvester drivers
(1) Transport farm machinery, is already authorized by 49 CFR
III. Request for Exemption supplies, or both, to or from a farm for 391.2(a), but could be construed as
Custom harvesters are businesses that custom-harvesting operations on a farm; prohibited by the conflicting
supply the equipment and labor to assist or requirements of 49 CFR
farmers with harvesting during their (2) Transport custom-harvested crops 383.153(a)(10)(vii). By clarifying the
busiest seasons. Typically, there are two to storage or market. nature of permitted transportation,
different classes of operations, grain In its application, USCHI cites
USCHI believes this exemption would
harvesting and forage harvesting. A regulatory guidance to 49 CFR 383.155,
not have any impact on safe operation
grain harvester uses combines to harvest entitled ‘‘Special topics—State
of CMVs and is therefore likely to
wheat, corn, barley, canola, sunflowers, Reciprocity,’’ which reads as follows:
achieve a level of safety equivalent to,
soybeans, and grain sorghum, among ‘‘Question 1: May a State place an
or greater than, the level that would be
others. These crop products are ‘intrastate only’ or similar restriction on
achieved by the current regulation (49
transported to an elevator or on-farm the CDL of a driver who certifies that he
CFR 391.2(a)).
storage, where the crop is stored and or she is not subject to part 391?;
USCHI requests the exemption for the
later transported elsewhere to be Guidance: Yes; however, this restriction
maximum available period of five years.
processed into products for public use. would not apply to drivers in interstate
A copy of USCHI’s application for
A forage harvester uses a chopper to commerce who are excepted or
harvest whole-plant crops such as corn, exemption is available for review in the
exempted from part 391 under the
sorghum, milo, triticale, and alfalfa. docket for this notice.
provisions of parts 390 or 391.’’ USCHI
These crops are used for silage to feed believes that this guidance clearly Issued on: April 21, 2017.
livestock in dairies and feedlots. Some indicates that the ‘‘intrastate only’’ Larry W. Minor,
operators harvest crops such as cotton restriction should not be applied to Associate Administrator for Policy.
that require other specialized custom harvester drivers; however, [FR Doc. 2017–08725 Filed 4–28–17; 8:45 am]
equipment. Custom harvesters travel USCHI states that this guidance does not BILLING CODE 4910–EX–P
from State to State and can spend from seem to have been widely circulated
a few days to several months cutting among State law enforcement personnel
crops for one farmer. or is not followed consistently. DEPARTMENT OF TRANSPORTATION
USCHI states that custom harvesters To ensure that the driver is
are experiencing a problem with the authentically operating as a custom Federal Railroad Administration
exemption they have utilized since the harvester, USCHI specifies that he/she
early 1970s (49 CFR 391.2(a)). Under [Docket Number FRA–2006–24216]
should be able to provide at least three
this provision, drivers of CMVs of the following methods of verification: Petition for Waiver of Compliance
controlled and operated by a person • The driver shall have on hand a
engaged in custom harvesting are valid custom harvesting document such Under part 211 of Title 49 Code of
exempt from all of part 391, including as a current date agricultural commodity Federal Regulations (CFR), this
the requirement to be at least 21 years scale sheet, a current date custom document provides the public notice
srobinson on DSK5SPTVN1PROD with NOTICES
of age to operate a CMV in interstate harvesting load sheet, an official that on February 28, 2017, and March
commerce. USCHI members frequently company document stating the company 27, 2017, the Sacramento Regional
employ drivers 18–21 years of age, who purpose, etc.; Transit District (RT) petitioned the
are issued CDLs with a ‘‘K’’ restriction • The CMV may have license plates Federal Railroad Administration (FRA)
that makes the license valid only for specific to custom harvesting, or the for an extension of an amendment to its
operations within the issuing State (49 verbiage ‘‘Harvesting’’ may be part of existing waiver of compliance from
CFR 383.153(a)(10)(vii)). The problem the business signage on the vehicle; certain provisions of the Federal
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![Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices 20417
railroad safety regulations contained at the U.S. Department of Transportation’s Issued in Washington, DC.
49 CFR part 222–Use of Locomotive (DOT) Docket Operations Facility, 1200 Robert C. Lauby,
Horns at Public Highway Rail Grade New Jersey Avenue SE., W12–140, Associate Administrator for Railroad Safety,
Crossings, 49 CFR 229.125–Headlights Washington, DC 20590. The Docket Chief Safety Officer.
and auxiliary lights, and 49 CFR Operations Facility is open from 9 a.m. [FR Doc. 2017–08681 Filed 4–28–17; 8:45 am]
234.105(c)(3)—Activation failure. RT is to 5 p.m., Monday through Friday, BILLING CODE 4910–06–P
also requesting a change of the waiver’s except Federal Holidays.
scope to include regulatory relief for
new service on a 4-mile extension of its Interested parties are invited to DEPARTMENT OF TRANSPORTATION
Blue Line which runs south to participate in these proceedings by
Cosumnes River College. FRA assigned submitting written views, data, or Federal Railroad Administration
the petition Docket Number FRA–2006– comments. FRA does not anticipate
[Docket Number FRA–2017–0008]
24216. scheduling a public hearing in
RT seeks to modify and extend the connection with these proceedings since Petition for Waiver of Compliance
terms and conditions of its shared use the facts do not appear to warrant a
waivers for portions of its rail fixed hearing. If any interested parties desire Under part 211 of Title 49 of the Code
guideway public transit Blue Line and an opportunity for oral comment and a of Federal Regulations (CFR), this
Gold Line (also known as Folsom Line) document provides the public notice
public hearing, they should notify FRA,
that share corridors, including highway- that on January 18, 2017, the
in writing, before the end of the
rail grade crossings, with the Union Middletown & Hummelstown Railroad
comment period and specify the basis Company (MIDH) petitioned the Federal
Pacific Railroad (UP). for their request.
FRA most recently granted Railroad Administration (FRA) for a
conditional relief to RT from the All communications concerning these waiver of compliance from certain
regulatory sections specified above in proceedings should identify the provisions of the Federal railroad safety
2012. FRA notes that the relief from the appropriate docket number and may be regulations at 49 CFR part 230, Steam
requirements of 49 CFR part 222 is submitted by any of the following Locomotive Inspection and
currently applicable only at the 17 methods: Maintenance Standards. FRA assigned
shared highway-rail grade crossings on • Web site: http:// the petition Docket Number FRA–2017–
the Gold Line. On August 4, 2015, RT www.regulations.gov. Follow the online 0008.
extended its Blue Line to Cosumnes Specifically, MIDH’s letter requests
instructions for submitting comments. relief from performing the 1,472 service
River College Station, adding four
station stops. RT would like to expand • Fax: 202–493–2251. day inspection (SDI) for No. 91, a 2–6–
the scope of all relief granted to date to • Mail: Docket Operations Facility, 0 ‘‘Mogul’’ type steam locomotive built
include this Blue Line extension to U.S. Department of Transportation, 1200 by the Canadian Locomotive Company
Cosumnes River College Station. New Jersey Avenue SE., W12–140, in 1910 for the Canadian National
This Blue Line extension added one Washington, DC 20590. Railway. MIDH’s request pertains to the
additional shared grade crossing at inspection of the boiler every 15
Meadowview Road. After crossing • Hand Delivery: 1200 New Jersey calendar years or 1,472 service days, as
Meadowview Road, the light rail Avenue SE., Room W12–140, required by 49 CFR 230.17. MIDH is
alignment immediately moves out of the Washington, DC 20590, between 9 a.m. requesting an additional 19 calendar
shared right-of-way and into exclusive and 5 p.m., Monday through Friday, months before performing a 1,472 SDI.
RT right-of-way. For the short distance except Federal Holidays. The previous SDI was completed on
that the Blue Line extension is in the Communications received by June 15, May 30, 2002, and expires on May 30,
shared corridor with UP, there is a 50- 2017 will be considered by FRA before 2017. Granting relief will allow No. 91
foot track separation between the two final action is taken. Comments received an SDI period of 16 calendar years and
rail operations. Due to the distance after that date will be considered if 7 calendar months while not exceeding
separating the tracks in the shared practicable. 1,472 service days. MIDH operated No.
corridor, RT does not require special 91 from 2002 to 2009. It has been stored
procedures for operating past either Anyone can search the electronic in serviceable condition, but has not
stopped or moving UP trains. form of any written communications operated since 2009 due to the lack of
RT states that the Meadowview and comments received into any of our an experienced mechanical staff.
crossing was redesigned to dockets by the name of the individual MIDH’s justification for requesting relief
accommodate RT’s light rail system, was submitting the comment (or signing the is that No. 91 has only operated for a
placed into service with the approval of document, if submitted on behalf of an total of 116 service days within the 15-
the California Public Utilities association, business, labor union, etc.). calendar year period.
Commission, and was added to RT’s Under 5 U.S.C. 553(c), DOT solicits A copy of the petition, as well as any
Operations and Maintenance Agreement comments from the public to better written communications concerning the
with UP covering joint operations in the inform its processes. DOT posts these petition, is available for review online at
shared corridor. There have been no comments, without edit, including any www.regulations.gov and in person at
significant incidents involving the personal information the commenter the Department of Transportation’s
Meadowview crossing since RT began provides, to www.regulations.gov, as Docket Operations Facility, 1200 New
its operations. RT notes that this Jersey Avenue SE., W12–140,
srobinson on DSK5SPTVN1PROD with NOTICES
described in the system of records
crossing is also a part of the City of notice (DOT/ALL–14 FDMS), which can Washington, DC 20590. The Docket
Sacramento’s quiet zone for this be reviewed at https:// Operations Facility is open from 9 a.m.
corridor. www.transportation.gov/privacy. See to 5 p.m., Monday through Friday,
A copy of the petition, as well as any except Federal Holidays.
also https://www.regulations.gov/
written communications concerning the Interested parties are invited to
privacyNotice for the privacy notice of
petition, is available for review online at participate in these proceedings by
regulations.gov.
www.regulations.gov and in person at submitting written views, data, or
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Document Created: 2017-04-29 03:16:26
Document Modified: 2017-04-29 03:16:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 20416 |
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