82 FR 37286 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 152 (August 9, 2017)

Page Range		37286-37287
FR Document		2017-16796

Federal Register, Volume 82 Issue 152 (Wednesday, August 9, 2017)

[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37286-37287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16796]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0063]


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 May 20, 2016, the 
Strasburg Railroad Company (SRC) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR 222.21. 
FRA assigned the petition docket number FRA-2016-0063.
    Specifically, SRC seeks a waiver from 49 CFR 222.21, When must a 
locomotive horn be used? so that the locomotive horn is not sounded 
when approaching a public highway-rail grade crossing while passing 
livestock near the train if the crossing is observed to be clear and 
the crossing protection is activated. SRC's historic, excursion, and 
switching operations are conducted on Class 2 main track located in 
Amish farmland where horse and mule teams are used for farming and 
transportation. SRC's main track has four public highway crossings, all 
protected by gates and flashers. All crossings are two lane roads that 
are not heavily trafficked by motor vehicles.
    SRC requests this relief to avoid causing incidents and injuries 
involving Amish animal teams, equipment, and people as the animals may 
be startled by the train whistle or bell. Most of the Amish animals are 
accustomed to the steam locomotives and railroad equipment; but animals 
are unpredictable and may be spooked by the train, particularly the 
sounding of the whistle and bell. SRC has observed incidents with 
animal teams because the animals were startled by the whistle and/or 
bell of the locomotive, resulting in damage and injury to the animals, 
occupants of the carriages, the carriages, and crossing gate 
mechanisms.
    Since 1958, it has been common practice for SRC crews to refrain 
from blowing the whistle or ringing the bell when they see a team 
nearby, including when the train is occupying highway-rail grade 
crossings. Determination of the status of the crossing protection, 
location of the team, and status of motor vehicles are all considered 
by an SRC crew when deciding whether to occupy a crossing without using 
the bell or whistle. There have been no incidents at crossings as a 
result of not blowing the whistle or ringing the bell.
    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 25, 2017 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as 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

[[Page 37287]]

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. 2017-16796 Filed 8-8-17; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices 37287

https://www.transportation.gov/privacy. www.regulations.gov including any two phases. In phase one, information
See also https://www.regulations.gov/ personal information provided. will be collected on the details of the
privacyNotice for the privacy notice of FOR FURTHER INFORMATION CONTACT: States’ implementation of CBR and
regulations.gov. Randolph Atkins, Ph.D., Contracting information on their CBR-related data to
Officer’s Representative, Office of identify States with sufficient data to
Robert C. Lauby,
Behavioral Safety Research (NTI–131), conduct an evaluation of the effects of
Associate Administrator for Railroad Safety, CBR on DUI recidivism. It will also
Chief Safety Officer. National Highway Traffic Safety
Administration, 1200 New Jersey Ave. identify States’ interested in
[FR Doc. 2017–16796 Filed 8–8–17; 8:45 am] participating in an evaluation of CBR
SE., W46–500, Washington, DC, 20590.
BILLING CODE 4910–06–P
Dr. Atkins’ phone number is 202–366– effectiveness. We anticipate that
5597 and his email address is information will come from State
randolph.atkins@dot.gov. officials familiar with their States’
DEPARTMENT OF TRANSPORTATION interlock programs. It may also be
SUPPLEMENTARY INFORMATION: Under the
necessary to collect data from interlock
National Highway Traffic Safety Paperwork Reduction Act of 1995,
providers in those States. We estimate
Administration before an agency submits a proposed
that this phase of data collection will
collection of information to OMB for
involve contacting and interviewing an
[U.S. DOT Docket No. NHTSA–2017–0048] approval, it must publish a document in
average of three people per State (93
the Federal Register providing a 60-day
Reports, Forms, and Record Keeping total). Initial contacts will be made by
comment period and otherwise consult telephone and email. Data will then be
Requirements with members of the public and affected collected through semi-structured face-
AGENCY: National Highway Traffic agencies concerning each proposed to-face and telephone interviews. The
Safety Administration (NHTSA), DOT. collection of information. The OMB has second phase of the study will be an
promulgated regulations describing evaluation of CBR effectiveness using
ACTION: Request for public comment on
what must be included in such a the States’ existing data. These
proposed collection of information.
document. Under OMB’s regulations (at evaluations will be conducted in up to
SUMMARY: Before a Federal agency can 5 CFR 1320.8(d)), an agency must ask four States, depending on phase one
collect certain information from the for public comment on the following: findings regarding data availability and
public, it must receive approval from (i) Whether the proposed collection of interest in participation.
the Office of Management and Budget information is necessary for the proper Description of the Need for the
(OMB). Under procedures established performance of the functions of the Information and Proposed Use of the
by the Paperwork Reduction Act of agency, including whether the Information—NHTSA was established
1995, before seeking OMB approval, information will have practical utility; by the Highway Safety Act of 1970 (23
Federal agencies must solicit public (ii) The accuracy of the agency’s U.S.C. 101) to carry out a Congressional
comment on proposed collections of estimate of the burden of the proposed mandate to reduce the number of
information, including extensions and collection of information, including the deaths, injuries, and economic losses
reinstatements of previously approved validity of the methodology and resulting from motor vehicle crashes on
collections. assumptions used; the Nation’s highways. NHTSA is
This document describes an (iii) How to enhance the quality, authorized to conduct research as a
Information Collection Request (ICR) for utility, and clarity of the information to foundation for the development of
which NHTSA intends to seek OMB be collected; and motor vehicle standards and traffic
approval. (iv) How to minimize the burden of safety programs.
the collection of information on those Alcohol impairment is one of the
DATES: Comments must be submitted on who are to respond, including the use primary causes of motor vehicle crashes
or before October 10, 2017. of appropriate automated, electronic, on the Nation’s highways. In 2015, 29
ADDRESSES: You may submit comments mechanical, or other technological percent of all motor-vehicle traffic
identified by DOT Docket ID Number collection techniques or other forms of fatalities involved alcohol impairment,
NHTSA–2017–0048 using any of the information technology, e.g., permitting resulting in the loss of 10,265 lives. A
following methods: electronic submission of responses. vehicle equipped with an AIID requires
Electronic Submissions: Go to http:// In compliance with these the driver to provide a breath sample to
www.regulations.gov. Follow the on-line requirements, NHTSA asks for public start the vehicle. If the breath sample is
instructions for submitting comments. comment on the following proposed above a set limit for Breath Alcohol
Mail: Docket Management Facility, collection of information: Concentration (BrAC), then the vehicle
M–30, U.S. Department of Title: Compliance-Based Ignition will not start. AIIDs have been shown to
Transportation, 1200 New Jersey Interlock Removal. reduce driving-under-the-influence
Avenue SE., West Building Ground Type of Request: New information (DUI) recidivism of DUI offenders who
Floor, Room W12–140, Washington, DC collection request. have AIIDs installed on their vehicles;
20590. OMB Clearance Number: None. however, the effect tends to dissipate
Hand Delivery: West Building Ground Form Number: NHTSA Form 1395. once the devices are removed. The data
Floor, Room W12–140, 1200 New Jersey Requested Expiration Date of generated by the AIIDs can be used to
Avenue SE., Washington, DC, between 9 Approval: 3 years from date of approval. identify offenders unable to comply
a.m. and 5 p.m., Monday through Summary of the Collection of
sradovich on DSK3GMQ082PROD with NOTICES

with interlock program requirements. It
Friday, except Federal holidays. Information—The National Highway is believed that these are the offenders
Fax: 1–202–493–2251. Traffic Safety Administration (NHTSA) most likely to recidivate. CBR programs
Instructions: Each submission must proposes to collect information from 31 are designed to reduce recidivism by
include the Agency name and the States that have policies for the delaying removal of the AIID for these
Docket number for this Notice. Note that compliance-based removal (CBR) of offenders.
all comments received will be posted alcohol ignition interlock devices The purpose of the study is to provide
without change to http:// (AIIDs). The study will be conducted in critical information needed by NHTSA

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Document Created: 2017-08-09 02:18:34
Document Modified: 2017-08-09 02:18:34

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 37286

82 FR 37286 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

Federal Register Volume 82, Issue 152 (August 9, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration