82 FR 35053 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 143 (July 27, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 143 (July 27, 2017)
| Page Range | 35053-35054 | |
| FR Document | 2017-15791 |
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)] [Notices] [Pages 35053-35054] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15791] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2017-0061] 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 28, 2017 the National Railroad Passenger Corporation (Amtrak) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations in 49 CFR part 214. FRA assigned the petition docket number FRA-2017-0061. Amtrak is requesting relief from the definition of ``fouling a track'' found at 49 CFR 214.7 at certain locations within Amtrak's New York Penn Station. The waiver is sought for the express purpose of increasing the number of areas considered a ``place of safety'' under 214.329 to improve the safety and efficiency of roadway maintenance procedures at that location. Safety will be improved by reducing the distance roadway workers must move and lessening the number of live tracks they may have to cross to reach a place of safety upon receiving warning of an approaching train. Efficiency of roadway maintenance procedures will be improved by increasing the number of clearing locations, thereby reducing time spent moving to and from places of safety. The area under consideration in New York Penn Station lies between the Hudson River and Empire Connection tunnels to the west and the East River tunnels to the east when certain conditions, identified below, are met. If approved, when train approach warning is used as the method of protection, roadway workers may move to a previously arranged place of safety designated as a ``clearance area'' that may be slightly less than four feet from the near running rail but, due to track and station structure configurations, provide a safe haven from the risk of being struck by moving trains or on-track equipment. Amtrak's waiver request states that it faces operational problems complying with new provisions in 49 CFR 214.329(a), effective April 1, 2017, while operating an average of approximately 1,100 weekday, and 700 weekend departures and arrivals. Penn Station has 21 tracks fed by seven tunnels (the two Hudson River Tunnels, the four East River Tunnels, and the single Empire Connection tunnel). It is at the center of the Northeast Corridor as well as the main intercity railroad station in New York City. Intercity trains are operated by Amtrak, which owns the station, while commuter rail services are operated by the Long Island Rail Road and New Jersey Transit. In its waiver request, Amtrak also states that, prior to the new rule, Amtrak roadway workers using train approach warning as a method of protection in Penn Station would clear to another track as their place of safety when the Watchman/Lookout provided a warning of an impending movement on the track which they occupied or fouled. In addition, Amtrak's waiver request states that the revised rule now prohibits making the place of safety another track unless working limits are established on that track and movement authority is withheld or not authorized by the roadway worker-in-charge. Finally, the waiver request states that the additional constraints and disruption of movement, and subsequent delays to trains and passengers required to establish working limits, could be significantly offset if Amtrak could utilize existing places of refuge that do not meet the requirements of the regulation. Amtrak explains in its request that New York Penn Station was built between 1901 and 1910, and is entirely underground. As such, Amtrak asserts the architecture and track configurations within the station area provide several locations where it is physically impossible to be struck by moving equipment despite being within four feet of the near rail. Amtrak believes these areas provide the same level of safety as a tunnel niche without the restrictions of a confined space. Amtrak explains that except for the use of tunnel niches and clearing bays provided for in 49 CFR 214.317(d), the 214.7 definition of ``fouling a track'' prevents the use of other infrastructure [[Page 35054]] configurations that may create a similar safe haven outside the clearance area but less than four feet from the near running rail. While the regulation only focuses on tunnel niches, Amtrak believes there are niches outside of tunnels that provide the same level of safety, and railroads have a long history of safely utilizing such areas. Amtrak's request for relief is intended to provide for the opportunity to use additional locations of safety within the New York Penn Station, which, are locations of safety due to the physical configuration of the track and station structures. Should FRA grant the waiver request, Amtrak will designate specific areas that are slightly less than four feet from the near running rail but nonetheless provide a place of safety as a ``clearance area'' and Amtrak will comply with the following conditions prior to designating any space as a clearance area: 1. Ensure there is adequate sight distance at that location to permit a roadway worker or lone worker to occupy that place of safety at least 15 seconds prior to the arrival of a train or other on-track equipment; 2. Identify clearance areas with clearly visible signage; 3. Direct a roadway-worker-in-charge to visually inspect each applicable clearance area to ensure it is suitable for use as a place of safety; 4. Ensure the use of such clearance areas is discussed in the job briefing prior to any roadway worker fouling the track; 5. Ensure it has and procedures that state the roadway-worker-in- charge or lone worker has the absolute right to designate an alternate place of safety as a location other than, or to establish working limits. 6. Ensure it has and procedures that state any roadway worker has the right to a good faith challenge of the use of a clearance area if there is a reasonable belief the area does not provide an adequate level of protection; 7. Ensure it has and procedures that state all affected roadway workers will receive instruction prior to the use of clearance areas. 8. Amtrak will publish and distribute the above procedures in Amtrak's Roadway Worker Bulletins, and address them in a training blitz or job safety briefing, and document them in Amtrak's Total Efficiency and Safety Tests System (T.E.S.T.S) using Test 198. In addition, Amtrak will immediately add the procedures to the annual training curriculum at the affected locations. Amtrak believes the requested relief is completely safe and will greatly improve the efficiency of roadway maintenance in one of the busiest stations in North America. A copy of the petition, as well as any other 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 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 August 28, 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. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2017-15791 Filed 7-26-17; 8:45 am] BILLING CODE 4910-06-P
![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
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![35054 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
configurations that may create a similar Amtrak believes the requested relief is 14 FDMS), which can be reviewed at
safe haven outside the clearance area completely safe and will greatly https://www.transportation.gov/privacy.
but less than four feet from the near improve the efficiency of roadway See also https://www.regulations.gov/
running rail. While the regulation only maintenance in one of the busiest privacyNotice for the privacy notice of
focuses on tunnel niches, Amtrak stations in North America. regulations.gov.
believes there are niches outside of A copy of the petition, as well as any
Robert C. Lauby,
tunnels that provide the same level of other written communications
safety, and railroads have a long history concerning the petition, is available for Associate Administrator for Railroad Safety,
Chief Safety Officer.
of safely utilizing such areas. Amtrak’s review online at www.regulations.gov
[FR Doc. 2017–15791 Filed 7–26–17; 8:45 am]
request for relief is intended to provide and in person at the Department of
for the opportunity to use additional Transportation’s Docket Operations BILLING CODE 4910–06–P
locations of safety within the New York Facility, 1200 New Jersey Ave. SE.,
Penn Station, which, are locations of W12–140, Washington, DC 20590. The
safety due to the physical configuration Docket Operations Facility is open from
of the track and station structures. 9 a.m. to 5 p.m., Monday through DEPARTMENT OF THE TREASURY
Should FRA grant the waiver request, Friday, except Federal Holidays. Office of Foreign Assets Control
Amtrak will designate specific areas that Interested parties are invited to
are slightly less than four feet from the participate in these proceedings by Notice of OFAC Sanctions Actions
near running rail but nonetheless submitting written views, data, or
provide a place of safety as a ‘‘clearance comments. FRA does not anticipate AGENCY: Office of Foreign Assets
area’’ and Amtrak will comply with the scheduling a public hearing in Control, Treasury.
following conditions prior to connection with these proceedings since ACTION: Notice.
designating any space as a clearance the facts do not appear to warrant a
area: hearing. If any interested parties desire SUMMARY: The Department of the
1. Ensure there is adequate sight an opportunity for oral comment and a Treasury’s Office of Foreign Assets
distance at that location to permit a public hearing, they should notify FRA, Control (OFAC) is publishing the names
roadway worker or lone worker to in writing, before the end of the of one or more persons that have been
occupy that place of safety at least 15 comment period and specify the basis placed on OFAC’s Specially Designated
seconds prior to the arrival of a train or for their request. National and Blocked Persons List based
other on-track equipment; All communications concerning these on OFAC’s determination that one or
2. Identify clearance areas with proceedings should identify the more applicable legal criteria were
clearly visible signage; appropriate docket number and may be satisfied. All property and interests in
3. Direct a roadway-worker-in-charge submitted by any of the following property subject to U.S. jurisdiction of
to visually inspect each applicable methods: these persons are blocked, and U.S.
clearance area to ensure it is suitable for • Web site: http:// persons are generally prohibited from
use as a place of safety; www.regulations.gov. Follow the online engaging in transactions with them.
4. Ensure the use of such clearance instructions for submitting comments. DATES: See SUPPLEMENTARY INFORMATION
areas is discussed in the job briefing • Fax: 202–493–2251. section for date(s).
prior to any roadway worker fouling the • Mail: Docket Operations Facility, FOR FURTHER INFORMATION CONTACT:
track; U.S. Department of Transportation, 1200 OFAC: Associate Director for Global
5. Ensure it has and procedures that New Jersey Avenue SE., W12–140, Targeting, tel.: 202–622–2420; Assistant
state the roadway-worker-in-charge or Washington, DC 20590. Director for Sanctions Compliance &
lone worker has the absolute right to • Hand Delivery: 1200 New Jersey Evaluation, tel.: 202–622–2490;
designate an alternate place of safety as Avenue SE., Room W12–140, Assistant Director for Licensing, tel.:
a location other than, or to establish Washington, DC 20590, between 9 a.m. 202–622–2480; or the Department of the
working limits. and 5 p.m., Monday through Friday, Treasury’s Office of the General
6. Ensure it has and procedures that except Federal Holidays. Counsel: Office of the Chief Counsel
state any roadway worker has the right Communications received by August
(Foreign Assets Control), tel.: 202–622–
to a good faith challenge of the use of 28, 2017 will be considered by FRA
2410 (not toll free numbers).
a clearance area if there is a reasonable before final action is taken. Comments
belief the area does not provide an received after that date will be SUPPLEMENTARY INFORMATION:
adequate level of protection; considered if practicable. Electronic Availability
7. Ensure it has and procedures that Anyone can search the electronic
state all affected roadway workers will form of any written communications The Specially Designated Nationals
receive instruction prior to the use of and comments received into any of our and Blocked Persons List and additional
clearance areas. dockets by the name of the individual information concerning OFAC sanctions
8. Amtrak will publish and distribute submitting the comment (or signing the programs are available on OFAC’s Web
the above procedures in Amtrak’s document, if submitted on behalf of an site (www.treasury.gov/ofac).
Roadway Worker Bulletins, and address association, business, labor union, etc.). Notice of OFAC Action(s)
them in a training blitz or job safety In accordance with 5 U.S.C. 553(c), DOT
On June 29, 2017, OFAC determined
briefing, and document them in solicits comments from the public to
that the property and interests in
mstockstill on DSK30JT082PROD with NOTICES
Amtrak’s Total Efficiency and Safety better inform its processes. DOT posts
property subject to U.S. jurisdiction of
Tests System (T.E.S.T.S) using Test 198. these comments, without edit, including
the following persons are blocked
In addition, Amtrak will immediately any personal information the
pursuant to the relevant sanctions
add the procedures to the annual commenter provides, to
authorities listed below.
training curriculum at the affected www.regulations.gov, as described in
locations. the system of records notice (DOT/ALL– Individuals
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Document Created: 2017-07-27 02:07:07
Document Modified: 2017-07-27 02:07:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 35053 |
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