82_FR_38913 82 FR 38757 - Petition for Waiver of Compliance

82 FR 38757 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38757-38758
FR Document2017-17224

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38757-38758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17224]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-25837]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on July 27, 2017, the 
Charlotte Area Transit System (CATS) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at Title 49 CFR 
part 219, Control of Alcohol and Drug Use. FRA assigned the petition 
docket number FRA-2006-25837.
    CATS has provided rail fixed guideway public transit service in the 
Charlotte, North Carolina metropolitan area since 2007 with its 
original 9.6-mile Blue Line system that operates from South Charlotte 
to Center City Charlotte. This portion features a shared corridor with 
Norfolk Southern Railway (NS), including separation of track centers by 
40 feet or more and limited connections with NS at two shared highway-
rail grade crossings at East Hebron Street and Sweden Road. CATS and NS 
signal and train control employees maintain their own respective 
crossing equipment. CATS is currently constructing a 9.3-mile extension 
of this Blue Line (LYNX BLE) which will provide service from Center 
City Charlotte to a terminus on the University of North Carolina campus 
with revenue service expected to begin by March 31, 2018. This 
extension will again share a corridor with NS, including a 75-foot 
track center separation and one limited connection with NS at a shared 
highway-rail grade crossing at 16th Street. CATS employees will 
continue to maintain crossing equipment on the CATS side of the 
corridor only, with NS employees maintaining the equipment on the NS 
side.
    CATS seeks relief from 49 CFR part 219 because it is already in 
compliance with Federal Transit Administration drug and alcohol 
regulations at 49 CFR part 655. CATS asserts this compliance provides 
an equivalent level of safety consistent with FRA's alcohol and drug 
regulations in part 219. CATS states that such a waiver will not result 
in any reduction in safety at the highway rail grade crossings it 
shares with NS and will preserve consistency throughout the CATS system 
for already-existing alcohol and drug policies.
    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 September 29, 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

[[Page 38758]]

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

    Issued in Washington, DC, on August 10, 2017.
John Karl Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-17224 Filed 8-14-17; 8:45 am]
 BILLING CODE 4910-06-P



                                                                               Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices                                            38757

                                                  will be replaced by constructing a single                 Issued on: August 4, 2017.                          reduction in safety at the highway rail
                                                  tunnel to carry the railroad under both                 Kenneth R. Sikora, Jr.,                               grade crossings it shares with NS and
                                                  Main Street and Merchants Row. The                      Environmental Program Manager, Montpelier,            will preserve consistency throughout
                                                  general purposes of the project are to                  Vermont.                                              the CATS system for already-existing
                                                  improve safety, address the deteriorated                [FR Doc. 2017–16975 Filed 8–14–17; 8:45 am]           alcohol and drug policies.
                                                  conditions that have developed at both                  BILLING CODE 4910–RY–P                                  A copy of the petition, as well as any
                                                  bridges, and to meet current roadway                                                                          written communications concerning the
                                                  and railroad design standards. Because                                                                        petition, is available for review online at
                                                  of the foreseeable need to provide for                  DEPARTMENT OF TRANSPORTATION                          www.regulations.gov and in person at
                                                  increased rail height during the design                                                                       the U.S. Department of Transportation’s
                                                  life of the structure, the project includes             Federal Railroad Administration                       (DOT) Docket Operations Facility, 1200
                                                  lowering the grade of the railroad for                  [Docket Number FRA–2006–25837]                        New Jersey Avenue SE., W12–140,
                                                  approximately 3,600 feet along the rail                                                                       Washington, DC 20590. The Docket
                                                  corridor. The actions by the Federal                    Petition for Waiver of Compliance                     Operations Facility is open from 9 a.m.
                                                  agencies, and the laws under which                                                                            to 5 p.m., Monday through Friday,
                                                                                                             Under part 211 of Title 49 Code of                 except Federal Holidays.
                                                  such actions were taken, are described
                                                                                                          Federal Regulations (CFR), this                         Interested parties are invited to
                                                  in the Revised Environmental                            document provides the public notice
                                                  Assessment (REA) for the project,                                                                             participate in these proceedings by
                                                                                                          that on July 27, 2017, the Charlotte Area             submitting written views, data, or
                                                  approved on July 21, 2017, in the                       Transit System (CATS) petitioned the
                                                  FHWA Finding of No Significant Impact                                                                         comments. FRA does not anticipate
                                                                                                          Federal Railroad Administration (FRA)                 scheduling a public hearing in
                                                  (FONSI) issued on July 21, 2017, and/                   for a waiver of compliance from certain
                                                  or in other documents in the FHWA                                                                             connection with these proceedings since
                                                                                                          provisions of the Federal railroad safety             the facts do not appear to warrant a
                                                  project files. The REA, FONSI, and other                regulations contained at Title 49 CFR
                                                  project records are available by                                                                              hearing. If any interested parties desire
                                                                                                          part 219, Control of Alcohol and Drug                 an opportunity for oral comment and a
                                                  contacting the FHWA or the Vermont                      Use. FRA assigned the petition docket
                                                  Agency of Transportation at the                                                                               public hearing, they should notify FRA,
                                                                                                          number FRA–2006–25837.                                in writing, before the end of the
                                                  addresses provided above. The FHWA                         CATS has provided rail fixed
                                                  REA and FONSI can also be viewed and                                                                          comment period and specify the basis
                                                                                                          guideway public transit service in the
                                                  downloaded from the project Web site at                                                                       for their request.
                                                                                                          Charlotte, North Carolina metropolitan                  All communications concerning these
                                                  http://vtrans.vermont.gov/projects/                     area since 2007 with its original 9.6-
                                                  middlebury/environmental-assessment-                                                                          proceedings should identify the
                                                                                                          mile Blue Line system that operates                   appropriate docket number and may be
                                                  individual-chapters.                                    from South Charlotte to Center City                   submitted by any of the following
                                                     This notice applies to all Federal                   Charlotte. This portion features a shared             methods:
                                                  agency decisions as of the issuance date                corridor with Norfolk Southern Railway                  • Web site: http://
                                                  of this notice and all laws under which                 (NS), including separation of track                   www.regulations.gov. Follow the online
                                                  such actions were taken, including but                  centers by 40 feet or more and limited                instructions for submitting comments.
                                                  not limited to:                                         connections with NS at two shared                       • Fax: 202–493–2251.
                                                     1. General: National Environmental                   highway-rail grade crossings at East                    • Mail: Docket Operations Facility,
                                                  Policy Act (NEPA) [42 U.S.C. 4321–                      Hebron Street and Sweden Road. CATS                   U.S. Department of Transportation, 1200
                                                  4351]; Federal-Aid Highway Act [23                      and NS signal and train control                       New Jersey Avenue SE., W12–140,
                                                  U.S.C. 109 and 23 U.S.C. 128].                          employees maintain their own                          Washington, DC 20590.
                                                     2. Land: Section 4(f) of the                         respective crossing equipment. CATS is                  • Hand Delivery: 1200 New Jersey
                                                  Department of Transportation Act of                     currently constructing a 9.3-mile                     Avenue SE., Room W12–140,
                                                  1966 [49 U.S.C. 303].                                   extension of this Blue Line (LYNX BLE)                Washington, DC 20590, between 9 a.m.
                                                                                                          which will provide service from Center                and 5 p.m., Monday through Friday,
                                                     3. Wildlife: Endangered Species Act
                                                                                                          City Charlotte to a terminus on the                   except Federal Holidays.
                                                  [16 U.S.C. 1531–1544 and Section
                                                                                                          University of North Carolina campus                     Communications received by
                                                  1536], Fish and Wildlife Coordination
                                                                                                          with revenue service expected to begin                September 29, 2017 will be considered
                                                  Act [16 U.S.C. 661–667(d)].
                                                                                                          by March 31, 2018. This extension will                by FRA before final action is taken.
                                                     4. Historic and Cultural Resources:                  again share a corridor with NS,                       Comments received after that date will
                                                  Section 106 of the National Historic                    including a 75-foot track center                      be considered if practicable.
                                                  Preservation Act of 1966, as amended                    separation and one limited connection                   Anyone can search the electronic
                                                  [16 U.S.C. 470(f) et seq.].                             with NS at a shared highway-rail grade                form of any written communications
                                                     5. Executive Orders: E.O. 11990,                     crossing at 16th Street. CATS employees               and comments received into any of our
                                                  Protection of Wetlands; E.O. 11988,                     will continue to maintain crossing                    dockets by the name of the individual
                                                  Floodplain Management; E.O. 12898,                      equipment on the CATS side of the                     submitting the comment (or signing the
                                                  Federal Actions to Address                              corridor only, with NS employees                      document, if submitted on behalf of an
                                                  Environmental Justice in Minority                       maintaining the equipment on the NS                   association, business, labor union, etc.).
                                                  Populations and Low Income                              side.                                                 Under 5 U.S.C. 553(c), DOT solicits
                                                  Populations.                                               CATS seeks relief from 49 CFR part                 comments from the public to better
                                                                                                          219 because it is already in compliance               inform its processes. DOT posts these
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                                                  (Catalog of Federal Domestic Assistance
                                                  Program Number 20.205, Highway Planning                 with Federal Transit Administration                   comments, without edit, including any
                                                  and Construction. The regulations                       drug and alcohol regulations at 49 CFR                personal information the commenter
                                                  implementing Executive Order 12372                      part 655. CATS asserts this compliance                provides, to www.regulations.gov, as
                                                  regarding intergovernmental consultation on             provides an equivalent level of safety                described in the system of records
                                                  Federal programs and activities apply to this           consistent with FRA’s alcohol and drug                notice (DOT/ALL–14 FDMS), which can
                                                  program.)                                               regulations in part 219. CATS states that             be reviewed at https://
                                                     Authority: 23 U.S.C. 139(l)(1).                      such a waiver will not result in any                  www.transportation.gov/privacy. See


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                                                  38758                        Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices

                                                  also https://www.regulations.gov/                       the special permit number. Comments                   DEPARTMENT OF VETERANS
                                                  privacyNotice for the privacy notice of                 should reference the docket number for                AFFAIRS
                                                  regulations.gov.                                        the specific special permit request and
                                                                                                                                                                [OMB Control No. 2900–0038]
                                                    Issued in Washington, DC, on August 10,               may be submitted in the following ways:
                                                  2017.                                                     Note: Comments including any personal               Agency Information Collection
                                                  John Karl Alexy,                                        information provided, are posted without              Activity: Information From Remarried
                                                  Director, Office of Safety Analysis.                    changes or edits to http://                           Widow/er
                                                                                                          www.regulations.gov. There is a privacy
                                                  [FR Doc. 2017–17224 Filed 8–14–17; 8:45 am]
                                                                                                          statement published on http://                        AGENCY:  Veterans Benefits
                                                  BILLING CODE 4910–06–P                                  www.regulations.gov.                                  Administration, Department of Veterans
                                                                                                                                                                Affairs.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      ACTION: Notice.
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                             General: Ms. Kay McIver by telephone
                                                                                                          at (202) 366–0113, or by email at                     SUMMARY:   Veterans Benefits
                                                  Pipeline and Hazardous Materials
                                                                                                          Kay.McIver@dot.gov.                                   Administration (VBA), Department of
                                                  Safety Administration
                                                                                                                                                                Veterans Affairs (VA), is announcing an
                                                                                                             Technical: Mr. Steve Nanney by
                                                  [PHMSA–2016–0009] NEXUS Gas                                                                                   opportunity for public comment on the
                                                                                                          telephone at (713) 628–7479, or by
                                                  Transmission, L.L.C.; [PHMSA–2016–                                                                            proposed collection of certain
                                                                                                          email at Steve.Nanney@dot.gov.
                                                  0072] Magellan Midstream Partners,                                                                            information by the agency. Under the
                                                  L.P.; Pipeline Safety: Requests for                     SUPPLEMENTARY INFORMATION:       PHMSA                Paperwork Reduction Act (PRA) of
                                                  Special Permit                                          has received two special permit requests              1995, Federal agencies are required to
                                                                                                          from:                                                 publish notice in the Federal Register
                                                  AGENCY: Pipeline and Hazardous                            1. NEXUS Gas Transmission, L.L.C.                   concerning each proposed collection of
                                                  Materials Safety Administration                         (NEXUS), seeking a waiver from the                    information, including each proposed
                                                  (PHMSA), DOT.                                           Federal odorization regulations of 49                 extension of a currently approved
                                                  ACTION: Notice and extension of                         CFR 192.625, and                                      collection, and allow 60 days for public
                                                  comment period.                                                                                               comment in response to the notice.
                                                                                                            2. Magellan Midstream Partners, L.P.,
                                                                                                          (Magellan) seeking a waiver from 49                   DATES: Written comments and
                                                  SUMMARY:    The Pipeline and Hazardous
                                                                                                          CFR 195.432, to allow for a transitional              recommendations on the proposed
                                                  Materials Safety Administration
                                                                                                          staged breakout tank inspection                       collection of information should be
                                                  (PHMSA) is extending the public
                                                                                                          schedule.                                             received on or before October 16, 2017.
                                                  comment period by 60 days for two
                                                  special permit requests and to announce                                                                       ADDRESSES: Submit written comments
                                                                                                            Notice of the special permits requests
                                                  that the Draft Environmental                                                                                  on the collection of information through
                                                                                                          were published in the Federal Register
                                                  Assessment (DEA) for each request is                                                                          Federal Docket Management System
                                                                                                          on February 23, 2016, (81 FR 9075) and
                                                  now available in the respective docket                                                                        (FDMS) at www.Regulations.gov or to
                                                                                                          September 12, 2016, (81 FR 62796),
                                                  for review and comments. At the                                                                               Nancy Kessinger, Veterans Benefits
                                                                                                          respectively. The special permit
                                                  conclusion of the extended comment                                                                            Administration, Department of Veterans
                                                                                                          requests include a technical analysis
                                                  period, PHMSA will review the                                                                                 Affairs, 810 Vermont Avenue NW.,
                                                                                                          and DEA provided by the operators and
                                                  comments received for each notice as                                                                          Washington, DC 20420 or email to
                                                                                                          are available at http://
                                                  part of its evaluation to grant or deny                                                                       nancy.kessinger@va.gov. Please refer to
                                                                                                          www.regulations.gov under their
                                                  the special permit requests.                                                                                  ‘‘OMB Control No. 2900–0038’’ in any
                                                                                                          assigned docket numbers. We invite
                                                  DATES: Submit any comments regarding
                                                                                                                                                                correspondence. During the comment
                                                                                                          interested persons to participate by
                                                  either of these special permit requests                                                                       period, comments may be viewed online
                                                                                                          reviewing the special permit requests
                                                  by October 16, 2017.                                                                                          through FDMS.
                                                                                                          and DEAs and submitting written
                                                                                                          comments, data, or other views. Please                FOR FURTHER INFORMATION CONTACT:
                                                  ADDRESSES: You may submit comments
                                                  by the following methods:                               include any comments on potential                     Nancy J. Kessinger at (202) 632–8924 or
                                                     • Federal eRulemaking Portal: http://                safety and environmental impacts that                 fax (202) 632–8925.
                                                  www.regulations.gov. Follow the online                  may result if each special permit is                  SUPPLEMENTARY INFORMATION: Under the
                                                  instructions for submitting comments.                   granted.                                              PRA of 1995, Federal agencies must
                                                     • Fax: 1–202–366–4566.                                 Before issuing a decision on the                    obtain approval from the Office of
                                                     • Mail or Hand Delivery: Docket                      special permit requests, PHMSA will                   Management and Budget (OMB) for each
                                                  Management System: U.S. Department                      evaluate all comments received on or                  collection of information they conduct
                                                  of Transportation, Docket Operations,                   before the comments closing date.                     or sponsor. This request for comment is
                                                  M–30, West Building Ground Floor,                       Comments received after the closing                   being made pursuant to Section
                                                  Room W12–140, 1200 New Jersey                           date will be evaluated if it is possible to           3506(c)(2)(A) of the PRA.
                                                  Avenue SE., Washington, DC 20590,                                                                                With respect to the following
                                                                                                          do so without incurring additional
                                                  between 9:00 a.m. and 5:00 p.m.,                                                                              collection of information, VBA invites
                                                                                                          expense or delay. PHMSA will consider
                                                  Monday through Friday, except Federal                                                                         comments on: (1) Whether the proposed
                                                                                                          each relevant comment we receive in
                                                  holidays.                                                                                                     collection of information is necessary
                                                                                                          making our decision to grant or deny the
                                                     Instructions: You should identify the                                                                      for the proper performance of VBA’s
                                                                                                          requests.
                                                  docket number for the special permit                                                                          functions, including whether the
mstockstill on DSK30JT082PROD with NOTICES




                                                  request you are commenting on at the                      Issued in Washington, DC, on August 10,             information will have practical utility;
                                                  beginning of your comments. If you                      2017, under authority delegated in 49 CFR             (2) the accuracy of VBA’s estimate of the
                                                  submit your comments by mail, please                    1.97.                                                 burden of the proposed collection of
                                                  submit two copies. To receive                           Alan K. Mayberry,                                     information; (3) ways to enhance the
                                                  confirmation that PHMSA has received                    Associate Administrator for Pipeline Safety.          quality, utility, and clarity of the
                                                  your comments, please include a self-                   [FR Doc. 2017–17213 Filed 8–14–17; 8:45 am]           information to be collected; and (4)
                                                  addressed stamped postcard showing                      BILLING CODE 4910–60–P                                ways to minimize the burden of the


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Document Created: 2017-08-15 01:12:35
Document Modified: 2017-08-15 01:12:35
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 38757 

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