82_FR_35195 82 FR 35052 - Petition for Waiver of Compliance

82 FR 35052 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range35052-35053
FR Document2017-15790

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017) 
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35052-35053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15790]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0059]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that on June 27, 2017 the San 
Bernardino Railroad Historical Society Inc. (SBRHS) 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 230, Steam Locomotive Inspection and Maintenance 
Standards. FRA assigned the petition docket number FRA-2017-0059.
    SBRHS maintains and operates No. 3751, a 4-8-4 ``Northern'' type 
steam locomotive built by the Baldwin Locomotive Works in 1927 for the 
Atchison, Topeka & Santa Fe Railroad. SBRHS requests relief from 
performing the 1472 service day inspection (SDI), for No. 3751, as it 
pertains to the inspection of the boiler every 15 calendar years or 
1472 service days under 49 CFR 230.17--One thousand four hundred 
seventy-two (1472) service day inspection. SBRHS is requesting an 
additional 139 calendar days before performing a 1472 SDI. The previous 
SDI was performed on August 14, 2002. Granting relief will allow No. 
3751 an

[[Page 35053]]

SDI period of 15 calendar years and 139 calendar days while not 
exceeding 1472 service days.
    SBRHS sporadically operates No. 3751 for display in the Los Angeles 
area as well as excursions to San Diego and San Bernardino, CA and 
Williams, AZ. SBRHS's justification for requesting relief is that No. 
3751 has only operated for a total of 141 service days within the 15-
calendar year period. SBRHS anticipates approximately 10 additional 
service days for the locomotive during the requested time extension.
    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 Ave. 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, 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 September 11, 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.). 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 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. 2017-15790 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-06-P

35052 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices resulted in a lower level of safety than states that of those railroads, 5 safely by FRA before final action is taken. was maintained before it was granted; or transport more hazmat than GDLK. Comments received after that date will (3) continuation of the exemption would GDLK conducts ultrasonic rail and be considered as far as practicable. not be consistent with the goals and geometry testing twice per year over the Anyone can search the electronic objectives of 49 U.S.C. 31136 and 31315. entire railroad. GDLK operates to the form of any written communications If the exemption is still effective at the north of subject trackage from milepost and comments received into any of our end of the two year period, the person 33 to milepost 102.3 a mix of TWC and dockets by the name of the individual may apply to FMCSA for a renewal yard limits (YL). There are two manual submitting the comment (or signing the under procedures in effect at that time. interlockings on the north section of document, if submitted on behalf of an Issued on: July 19, 2017. track using TWC as an acceptable association, business, labor union, etc.). method of operation. TWC is the In accordance with 5 U.S.C. 553(c), DOT Larry W. Minor, method of operation used by all solicits comments from the public to Associate Administrator for Policy. dispatched Watco railroads, including better inform its processes. DOT posts [FR Doc. 2017–15839 Filed 7–26–17; 8:45 am] parts of the GDLK. Watco states that the these comments, without edit, including BILLING CODE 4910–EX–P discontinuance of the TCS section and any personal information the converting it to TWC maintains the commenter provides, to consistency of dispatching and www.regulations.gov, as described in DEPARTMENT OF TRANSPORTATION standardization of training for the the system of records notice (DOT/ALL– GDLK, and will provide a higher level 14 FDMS), which can be reviewed at Federal Railroad Administration of safety through simplified operations https://www.transportation.gov/privacy. [Docket Number FRA–2016–0058] by having one method of controlled See also https://www.regulations.gov/ operation rather than the two it has privacyNotice for the privacy notice of Notice of Application for Approval of now. Watco further states that this regulations.gov. Discontinuance or Modification of a consistency and standardization of Railroad Signal System dispatching and training will enhance Robert C. Lauby, the safety of GDLK operations. Associate Administrator for Railroad Safety, Under part 235 of Title 49 of the Code Chief Safety Officer. of Federal Regulations (CFR) and 49 A copy of the petition, as well as any written communications concerning the [FR Doc. 2017–15789 Filed 7–26–17; 8:45 am] U.S.C. 20502(a), this provides the public notice that on June 30, 2017, Watco petition, is available for review online at BILLING CODE 4910–06–P Companies LLC (Watco) petitioned the www.regulatons.gov and in person at the Federal Railroad Administration (FRA) U.S. Department of Transportation’s Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION seeking reconsideration of a decision regarding the discontinuance or Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Federal Railroad Administration modification of a signal system. FRA assigned the petition Docket Number Operations Facility is open from 9 a.m. [Docket Number FRA–2017–0059] FRA–2016–0058. to 5 p.m., Monday through Friday, except Federal Holidays. Petition for Waiver of Compliance Applicant: Watco Companies LLC, Interested parties are invited to Anthony Cox, VP of Engineering, 315 E. Under part 211 of Title 49 of the Code participate in these proceedings by 3rd St., Pittsburg, KS 66762. of Federal Regulations (CFR), this submitting written views, data, or Watco is the owner-operator of the provides the public notice that on June comments. FRA does not anticipate Grand Elk Railroad LLC (GDLK), which 27, 2017 the San Bernardino Railroad scheduling a public hearing in operates on track that is currently leased Historical Society Inc. (SBRHS) connection with these proceedings since from Norfolk Southern Railway petitioned the Federal Railroad the facts do not appear to warrant a Company (NS). Watco requests Administration (FRA) for a waiver of hearing. If any interested parties desire reconsideration under 49 CFR 235.13(a) compliance from certain provisions of an opportunity for oral comment, they of FRA’s denial of its application to the Federal railroad safety regulations should notify FRA, in writing, before discontinue and remove the traffic contained at 49 CFR part 230, Steam the end of the comment period and control system (TCS) from mile post Locomotive Inspection and specify the basis for their request. (MP) 33.00 at Park, in Grand Rapids, MI All communications concerning these Maintenance Standards. FRA assigned to MP 1.4 at the end of GDLK, in proceedings should identify the the petition docket number FRA–2017– Elkhart, IN. FRA issued its decision appropriate docket number and may be 0059. letter denying the application on submitted by any of the following SBRHS maintains and operates No. November 29, 2016, and issued a second methods: 3751, a 4–8–4 ‘‘Northern’’ type steam letter to clarify the basis of its decision • Web site: http:// locomotive built by the Baldwin on January 10, 2017. www.regulations.gov. Follow the online Locomotive Works in 1927 for the Based on new facts and new evidence, instructions for submitting comments. Atchison, Topeka & Santa Fe Railroad. Watco is seeking reconsideration of its • Fax: 202–493–2251. SBRHS requests relief from performing application on behalf of GDLK. Watco • Mail: Docket Operations Facility, the 1472 service day inspection (SDI), asserts that FRA’s Railroad Safety Board U.S. Department of Transportation, 1200 for No. 3751, as it pertains to the (Board) based its denial on erroneous New Jersey Avenue SE., W12–140, inspection of the boiler every 15 information. Watco believes the Washington, DC 20590. calendar years or 1472 service days mstockstill on DSK30JT082PROD with NOTICES hazardous materials (hazmat) • Hand Delivery: 1200 New Jersey under 49 CFR 230.17—One thousand information provided in the field report Avenue, SE., Room W12–140, four hundred seventy-two (1472) service considered by the Board was out of date Washington, DC 20590, between 9 a.m. day inspection. SBRHS is requesting an or incorrect. and 5 p.m., Monday through Friday, additional 139 calendar days before Watco owns and operates 20 railroads except Federal Holidays. performing a 1472 SDI. The previous on 3570 miles of main line that is track Communications received by SDI was performed on August 14, 2002. warrant controlled (TWC) and Watco September 11, 2017 will be considered Granting relief will allow No. 3751 an VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 35053 SDI period of 15 calendar years and 139 better inform its processes. DOT posts previously arranged place of safety calendar days while not exceeding 1472 these comments, without edit, including designated as a ‘‘clearance area’’ that service days. any personal information the may be slightly less than four feet from SBRHS sporadically operates No. commenter provides, to the near running rail but, due to track 3751 for display in the Los Angeles area www.regulations.gov, as described in and station structure configurations, as well as excursions to San Diego and the system of records notice (DOT/ALL– provide a safe haven from the risk of San Bernardino, CA and Williams, AZ. 14 FDMS), which can be reviewed at being struck by moving trains or on- SBRHS’s justification for requesting https://www.transportation.gov/privacy. track equipment. relief is that No. 3751 has only operated See also https://www.regulations.gov/ Amtrak’s waiver request states that it for a total of 141 service days within the privacyNotice for the privacy notice of faces operational problems complying 15-calendar year period. SBRHS regulations.gov. with new provisions in 49 CFR anticipates approximately 10 additional 214.329(a), effective April 1, 2017, Issued in Washington, DC. service days for the locomotive during while operating an average of Robert C. Lauby, approximately 1,100 weekday, and 700 the requested time extension. A copy of the petition, as well as any Associate Administrator for Railroad Safety, weekend departures and arrivals. Penn Chief Safety Officer. Station has 21 tracks fed by seven written communications concerning the petition, is available for review online at [FR Doc. 2017–15790 Filed 7–26–17; 8:45 am] tunnels (the two Hudson River Tunnels, www.regulations.gov and in person at BILLING CODE 4910–06–P the four East River Tunnels, and the the Department of Transportation’s single Empire Connection tunnel). It is Docket Operations Facility, 1200 New at the center of the Northeast Corridor Jersey Ave. SE., W12–140, Washington, DEPARTMENT OF TRANSPORTATION as well as the main intercity railroad DC 20590. The Docket Operations station in New York City. Intercity Federal Railroad Administration Facility is open from 9 a.m. to 5 p.m., trains are operated by Amtrak, which Monday through Friday, except Federal [Docket Number FRA–2017–0061] owns the station, while commuter rail Holidays. services are operated by the Long Island Interested parties are invited to Petition for Waiver of Compliance Rail Road and New Jersey Transit. In its participate in these proceedings by waiver request, Amtrak also states that, Under Part 211 of Title 49 of the Code submitting written views, data, or prior to the new rule, Amtrak roadway of Federal Regulations (CFR), this workers using train approach warning comments. FRA does not anticipate provides the public notice that on June scheduling a public hearing in as a method of protection in Penn 28, 2017 the National Railroad Station would clear to another track as connection with these proceedings since Passenger Corporation (Amtrak) the facts do not appear to warrant a their place of safety when the petitioned the Federal Railroad Watchman/Lookout provided a warning hearing. If any interested parties desire Administration (FRA) for a waiver of an opportunity for oral comment, they of an impending movement on the track compliance from certain provisions of which they occupied or fouled. In should notify FRA, in writing, before the Federal railroad safety regulations in the end of the comment period and addition, Amtrak’s waiver request states 49 CFR part 214. FRA assigned the that the revised rule now prohibits specify the basis for their request. petition docket number FRA–2017– All communications concerning these making the place of safety another track 0061. unless working limits are established on proceedings should identify the Amtrak is requesting relief from the that track and movement authority is appropriate docket number and may be definition of ‘‘fouling a track’’ found at withheld or not authorized by the submitted by any of the following 49 CFR 214.7 at certain locations within roadway worker-in-charge. Finally, the methods: • Web site: http:// Amtrak’s New York Penn Station. The waiver request states that the additional www.regulations.gov. Follow the online waiver is sought for the express purpose constraints and disruption of instructions for submitting comments. of increasing the number of areas movement, and subsequent delays to • Fax: 202–493–2251. considered a ‘‘place of safety’’ under trains and passengers required to • Mail: Docket Operations Facility, 214.329 to improve the safety and establish working limits, could be U.S. Department of Transportation, 1200 efficiency of roadway maintenance significantly offset if Amtrak could New Jersey Avenue SE., W12–140, procedures at that location. Safety will utilize existing places of refuge that do Washington, DC 20590. be improved by reducing the distance not meet the requirements of the • Hand Delivery: 1200 New Jersey roadway workers must move and regulation. Avenue SE., Room W12–140, lessening the number of live tracks they Amtrak explains in its request that Washington, DC 20590, between 9 a.m. may have to cross to reach a place of New York Penn Station was built and 5 p.m., Monday through Friday, safety upon receiving warning of an between 1901 and 1910, and is entirely except Federal Holidays. approaching train. Efficiency of underground. As such, Amtrak asserts Communications received by roadway maintenance procedures will the architecture and track configurations September 11, 2017 will be considered be improved by increasing the number within the station area provide several by FRA before final action is taken. of clearing locations, thereby reducing locations where it is physically Comments received after that date will time spent moving to and from places of impossible to be struck by moving be considered if practicable. safety. equipment despite being within four Anyone can search the electronic The area under consideration in New feet of the near rail. Amtrak believes form of any written communications York Penn Station lies between the these areas provide the same level of mstockstill on DSK30JT082PROD with NOTICES and comments received into any of our Hudson River and Empire Connection safety as a tunnel niche without the dockets by the name of the individual tunnels to the west and the East River restrictions of a confined space. Amtrak submitting the comment (or signing the tunnels to the east when certain explains that except for the use of document, if submitted on behalf of an conditions, identified below, are met. If tunnel niches and clearing bays association, business, labor union, etc.). approved, when train approach warning provided for in 49 CFR 214.317(d), the In accordance with 5 U.S.C. 553(c), DOT is used as the method of protection, 214.7 definition of ‘‘fouling a track’’ solicits comments from the public to roadway workers may move to a prevents the use of other infrastructure VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1


Document Created: 2017-07-27 02:07:24
Document Modified: 2017-07-27 02:07:24
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 Citation82 FR 35052 
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