82_FR_40107 82 FR 39946 - Petition for Waiver of Compliance

82 FR 39946 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 161 (August 22, 2017)

Page Range39946-39947
FR Document2017-17738

Federal Register, Volume 82 Issue 161 (Tuesday, August 22, 2017) 
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39946-39947]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17738]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2001-10654]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this document provides the public notice that on July 13, 2017, 
the Association of American Railroads (AAR) has petitioned the Federal 
Railroad Administration (FRA) for an extension and expansion of an 
existing waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR part 213. FRA assigned 
the petition docket number FRA-2001-10654.
    AAR, on behalf of its member railroads, received permission from 
FRA to operate trains at Class 5 speeds over ``heavy-point'' frogs 
(HPF) with guard check gages conforming to the standards for Class 4 
track frogs on April 22, 2003. AAR requested and was granted two 
extensions, dated February 25, 2008 and January 18, 2013. The current 
waiver will expire on January 18, 2018.
    In the current petition, AAR requests an extension of the existing 
relief from 49 CFR 213.143--Frog guard rails and guard faces; gage, to 
continue operating trains at FRA Class 5 speeds over HPF with guard-
check gage conforms to the standards prescribed for FRA Class 4

[[Page 39947]]

track frog guard check and face gage dimensions. In addition, AAR is 
requesting that FRA amend the waiver to include relief from 49 CFR 
213.355--Frog guard rails and guard faces; gage to allow trains to 
operate at Class 6 speeds over HPF designs with guard-check gages 
conforming to the standards for Class 4 track frog guard check and face 
gage dimensions.
    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 October 6, 2017 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC, on August 17, 2017.
John Karl Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-17738 Filed 8-21-17; 8:45 am]
 BILLING CODE 4910-06-P

39946 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices rulemaking process. DOT posts these than two years from its approval date conditions of the exemption; (2) the comments, without edit, including any and may be renewed upon application. exemption has resulted in a lower level personal information the commenter In accordance with 49 U.S.C. 31136(e) of safety than was maintained before it provides, to http://www.regulations.gov, and 31315, each of the five applicants was granted; or (3) continuation of the as described in the system of records has satisfied the conditions for exemption would not be consistent with notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the the goals and objectives of 49 U.S.C. be reviewed at http://www.dot.gov/ Epilepsy and Seizure Disorder 31136(e) and 31315. privacy. requirements and were published in the V. Preemption Federal Register 78 FR 41979, 80 FR I. Background During the period the exemption is in 55164, 80 FR 57034. In addition, for Under 49 U.S.C. 31136(e) and 31315, Commercial Driver’s License (CDL) effect, no State shall enforce any law or FMCSA may grant an exemption for two holders, the Commercial Driver’s regulation that conflicts with this years if it finds ‘‘such exemption would License Information System (CDLIS) exemption with respect to a person likely achieve a level of safety that is and the Motor Carrier Management operating under the exemption. equivalent to or greater than the level Information System (MCMIS) are VI. Conclusion that would be achieved absent such searched for crash and violation data. exemption.’’ The statute also allows the For non-CDL holders, the Agency Based upon its evaluation of the five Agency to renew exemptions at the end reviews the driving records from the exemption applications, FMCSA renews of the two-year period. State Driver’s Licensing Agency (SDLA). the exemptions of the aforementioned The physical qualification standard These factors provide an adequate basis drivers from the Epilepsy and Seizure for drivers regarding epilepsy found in for predicting each driver’s ability to Disorders requirement in 49 CFR 391.41 49 CFR 391.41(b)(8) states that a person continue to safely operate a CMV in (b)(8). In accordance with 49 U.S.C. is physically qualified to drive a CMV interstate commerce. 31136(e) and 31315, each exemption if that person: The five drivers in this notice remain will be valid for two years unless Has no established medical history or in good standing with the Agency, have revoked earlier by FMCSA. clinical diagnosis of epilepsy or any other maintained their medical monitoring Issued on: August 10, 2017. condition which is likely to cause the loss of and have not exhibited any medical Larry W. Minor, consciousness or any loss of ability to control issues that would compromise their Associate Administrator for Policy. a CMV. ability to safely operate a CMV during [FR Doc. 2017–17721 Filed 8–21–17; 8:45 am] In addition to the regulations, FMCSA the previous two-year exemption BILLING CODE 4910–EX–P has published advisory criteria to assist period. FMCSA has concluded that Medical Examiners in determining renewing the exemptions for each of whether drivers with certain medical these applicants is likely to achieve a DEPARTMENT OF TRANSPORTATION conditions are qualified to operate a level of safety equal to that existing CMV in interstate commerce. [49 CFR without the exemption. Therefore, Federal Railroad Administration part 391, APPENDIX A TO PART 391— FMCSA has decided to renew each [Docket Number FRA–2001–10654] MEDICAL ADVISORY CRITERIA, exemption for a two-year period for the section H. Epilepsy: § 391.41(b)(8), following applicants: Petition for Waiver of Compliance paragraphs 3, 4, and 5.] Prince Austin, Jr. (OH) The five individuals listed in this Frank Cekovic (PA) Under part 211 of Title 49 of the Code notice have requested renewal of their Martin L. Ford (MS) of Federal Regulations (CFR), this exemptions from the Epilepsy and Roger Green (PA) document provides the public notice Seizure Disorders prohibition in 49 CFR Michael R. Weymouth (NH) that on July 13, 2017, the Association of 391.41(b)(8), in accordance with American Railroads (AAR) has IV. Conditions and Requirements FMCSA procedures. Accordingly, petitioned the Federal Railroad FMCSA has evaluated these The exemptions are extended subject Administration (FRA) for an extension applications for renewal on their merits to the following conditions: (1) Each and expansion of an existing waiver of and decided to extend each exemption driver must remain seizure-free and compliance from certain provisions of for a renewable two-year period. maintain a stable treatment during the the Federal railroad safety regulations two-year exemption period; (2) each contained at 49 CFR part 213. FRA II. Request for Comments driver must submit annual reports from assigned the petition docket number Interested parties or organizations their treating physicians attesting to the FRA–2001–10654. possessing information that would stability of treatment and that the driver AAR, on behalf of its member otherwise show that any, or all, of these has remained seizure-free; (3) each railroads, received permission from FRA drivers are not currently achieving the driver must undergo an annual medical to operate trains at Class 5 speeds over statutory level of safety should examination by a certified Medical ‘‘heavy-point’’ frogs (HPF) with guard immediately notify FMCSA. The Examiner, as defined by 49 CFR 390.5; check gages conforming to the standards Agency will evaluate any adverse and (4) each driver must provide a copy for Class 4 track frogs on April 22, 2003. evidence submitted and, if safety is of the annual medical certification to AAR requested and was granted two being compromised or if continuation of the employer for retention in the extensions, dated February 25, 2008 and the exemption would not be consistent driver’s qualification file, or keep a copy January 18, 2013. The current waiver of his/her driver’s qualification file if sradovich on DSK3GMQ082PROD with NOTICES with the goals and objectives of 49 will expire on January 18, 2018. U.S.C. 31136(e) and 31315, FMCSA will he/she is self-employed. The driver In the current petition, AAR requests take immediate steps to revoke the must also have a copy of the exemption an extension of the existing relief from exemption of a driver. when driving, for presentation to a duly 49 CFR 213.143—Frog guard rails and authorized Federal, State, or local guard faces; gage, to continue operating III. Basis for Renewing Exemptions enforcement official. The exemption trains at FRA Class 5 speeds over HPF Under 49 U.S.C. 31315(b)(1), an will be rescinded if: (1) The person fails with guard-check gage conforms to the exemption may be granted for no longer to comply with the terms and standards prescribed for FRA Class 4 VerDate Sep<11>2014 18:00 Aug 21, 2017 Jkt 241001 PO 00000 Frm 00198 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1

Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 39947 track frog guard check and face gage described in the system of records James.Harper@dot.gov. For legal dimensions. In addition, AAR is notice (DOT/ALL–14 FDMS), which can matters, Eldridge Onco, FTA Office of requesting that FRA amend the waiver be reviewed at https:// Chief Counsel, telephone (817) 978– to include relief from 49 CFR 213.355— www.transportation.gov/privacy. See 0557 or email Eldridge.Onco@dot.gov. Frog guard rails and guard faces; gage also https://www.regulations.gov/ SUPPLEMENTARY INFORMATION: to allow trains to operate at Class 6 privacyNotice for the privacy notice of speeds over HPF designs with guard- regulations.gov. Table of Contents check gages conforming to the standards Issued in Washington, DC, on August 17, I. Background for Class 4 track frog guard check and 2017. II. Pilot Program Description face gage dimensions. John Karl Alexy, III. Eligibility Information A copy of the petition, as well as any IV. Expression of Interest Submission Process Director, Office of Safety Analysis. V. Application Review written communications concerning the petition, is available for review online at [FR Doc. 2017–17738 Filed 8–21–17; 8:45 am] VI. Pilot Program Administration www.regulations.gov and in person at BILLING CODE 4910–06–P I. Background the Department of Transportation’s Docket Operations Facility, 1200 New Section 3019 of the Fixing America’s Jersey Ave. SE., W12–140, Washington, DEPARTMENT OF TRANSPORTATION Surface Transportation (FAST) Act, DC 20590. The Docket Operations Public Law 114–94, permits FTA Federal Transit Administration grantees to purchase rolling stock and Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal related equipment from cooperative Pilot Program for Nonprofit procurement contracts entered into by Holidays. Cooperative Procurements Interested parties are invited to either a State government or an eligible participate in these proceedings by AGENCY: Federal Transit Administration, nonprofit entity and 1 or more vendors. submitting written views, data, or DOT. Section 3019 was designed to address comments. FRA does not anticipate ACTION: Notice; request for expressions the high purchasing costs attributable to scheduling a public hearing in of interest to participate. the relatively small size of the connection with these proceedings since procurements for rolling stock and the facts do not appear to warrant a SUMMARY: The Federal Transit related equipment, particularly for small hearing. If any interested parties desire Administration (FTA) announces the and rural public transportation an opportunity for oral comment, they establishment of the Pilot Program for providers. Many States currently have should notify FRA, in writing, before Nonprofit Cooperative Procurements authority to enter into cooperative the end of the comment period and (Pilot Program) and solicits expressions purchasing contracts, also known as specify the basis for their request. of interest from eligible nonprofit ‘‘state schedules.’’ However, such All communications concerning these entities to participate. The Pilot Program authority was not previously extended proceedings should identify the is aimed at increasing innovation, to nonprofit entities. appropriate docket number and may be promoting efficiency, and The statute creates a pilot program to submitted by any of the following demonstrating the effectiveness of demonstrate the effectiveness of methods: cooperative procurement contracts for cooperative procurement contracts • Web site: http:// rolling stock and related equipment administered by nonprofit entities. www.regulations.gov. Follow the online administered by eligible nonprofit These contracts are intended to be instructions for submitting comments. entities. separate from State cooperative • Fax: 202–493–2251. DATES: Expressions of interest to become purchasing contracts and provide • Mail: Docket Operations Facility, one of the selected nonprofit entities in another opportunity for public U.S. Department of Transportation, 1200 the Pilot Program for Nonprofit transportation systems of all sizes to New Jersey Avenue SE., W12–140, Cooperative Procurements must be enhance their purchasing options. Washington, DC 20590. received by October 23, 2017. II. Pilot Program Description • Hand Delivery: 1200 New Jersey ADDRESSES: Expressions of interest may Avenue SE., Room W12–140, Section 3019(b)(3) establishes a Pilot be submitted via U.S. mail, electronic Program to demonstrate the Washington, DC 20590, between 9 a.m. mail, or fax. Mail submissions must be effectiveness of cooperative and 5 p.m., Monday through Friday, addressed to the Office of Acquisition procurement contracts administered by except Federal Holidays. Communications received by October Management, Federal Transit eligible nonprofit entities. The objective 6, 2017 will be considered by FRA Administration, 1200 New Jersey of this innovative procurement before final action is taken. Comments Avenue SE., Room E42–332, approach is to enhance the purchasing received after that date will be Washington, DC 20590. Email options for all public transportation considered if practicable. submissions must be sent to systems. FTA plans to assess the Anyone can search the electronic NonprofitPilotProgram@dot.gov. benefits and effectiveness of the Pilot form of any written communications Facsimile submissions must be Program to assist grantees in developing and comments received into any of our submitted to the attention of Nonprofit more efficient and innovative dockets by the name of the individual Pilot Program at 817–978–0575. If there approaches to acquiring rolling stock submitting the comment (or signing the is an insufficient number of eligible and related equipment. document, if submitted on behalf of an nonprofit entities that meet the A cooperative procurement contract sradovich on DSK3GMQ082PROD with NOTICES association, business, labor union, etc.). requirements of the Pilot Program, FTA in the Pilot Program means a contract Under 5 U.S.C. 553(c), DOT solicits may solicit additional interest in the between an eligible nonprofit entity and comments from the public to better future. 1 or more vendors under which the inform its processes. DOT posts these FOR FURTHER INFORMATION CONTACT: For vendors agree to provide an option to comments, without edit, including any program matters, James Harper, FTA purchase rolling stock and related personal information the commenter Office of Acquisition Management, equipment to multiple grantee provides, to www.regulations.gov, as telephone (202) 366–1127 or email participants. Where permitted by State VerDate Sep<11>2014 20:25 Aug 21, 2017 Jkt 241001 PO 00000 Frm 00199 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1


Document Created: 2018-10-24 11:56:43
Document Modified: 2018-10-24 11:56:43
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 39946 
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