82_FR_42589 82 FR 42417 - Petition for Waiver of Compliance

82 FR 42417 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range42417-42417
FR Document2017-18898

Federal Register, Volume 82 Issue 172 (Thursday, September 7, 2017) 
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Page 42417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18898]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0076]


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 24, 2017 
the New York Susquehanna & Western Technical & Historical Society 
(THSX) petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained at Title 49 Code of Federal Regulations 
Part 230--Steam Locomotive Inspection and Maintenance Standards. FRA 
assigned the petition docket number FRA-2017-0076.
    THSX maintains and operates No. 142, a 2-8-2 ``Mikado'' type steam 
locomotive built in 1989 by the Tangshan Locomotive Works in China for 
the New York, Susquehanna & Western Railroad. THSX requests relief from 
performing the 1472 service day inspection (SDI), for No. 142, 
regarding inspection of the boiler every 15 calendar years or 1472 
service days. This is required under CFR 49 Section 230.17--One 
thousand four hundred seventy-two (1472) service day inspection. THSX 
is requesting an additional 58 calendar days before performing a 1472 
SDI. The previous SDI was performed on September 2, 2002. Granting 
relief will allow No. 142 an SDI period of 15 calendar years and 58 
calendar days while not exceeding 1472 service days.
    No. 142 is operated by THSX on Belvedere & Delaware Railroad for 
weekly tourist service. THSX's justification for requesting relief is 
that No. 142 has only operated for a total 640 service days within the 
15-calendar year period. The extension will allow No. 142 to operate 
through their busiest tourist season. THSX anticipates approximately 18 
additional service days during the requested time extension.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
Docket Operations Facility, 1200 New Jersey Ave. SE., W12-140, 
Washington, DC 20590. The Docket Operations Facility is open from 9 
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested parties 
desire an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by October 23, 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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-18898 Filed 9-6-17; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42417 reasoning supporting the exemptions for a waiver of compliance from certain • Web site: http:// from the 30-minute break time rule and provisions of the Federal railroad safety www.regulations.gov. Follow the online allowing a 14-hour daily on duty-period regulations contained at Title 49 Code of instructions for submitting comments. for drivers of ready-mixed concrete Federal Regulations Part 230—Steam • Fax: 202–493–2251. vehicles applies to drivers engaged in Locomotive Inspection and • Mail: Docket Operations Facility, the transportation of asphalt and related Maintenance Standards. FRA assigned U.S. Department of Transportation, 1200 materials and equipment. Both are the petition docket number FRA–2017– New Jersey Avenue SE., W12–140, perishable products that are not useable 0076. Washington, DC 20590. if they are not dropped and spread THSX maintains and operates No. • Hand Delivery: 1200 New Jersey within a brief delivery window. Because 142, a 2–8–2 ‘‘Mikado’’ type steam Avenue SE., Room W12–140, of this short delivery window, the locomotive built in 1989 by the Washington, DC 20590, between 9 a.m. routes from the production facility to Tangshan Locomotive Works in China and 5 p.m., Monday through Friday, the delivery site for both products are for the New York, Susquehanna & except Federal Holidays. limited to less than 40 miles, and the Western Railroad. THSX requests relief Communications received by October time spent actually driving a CMV is from performing the 1472 service day 23, 2017 will be considered by FRA typically only a few hours per day. Thus inspection (SDI), for No. 142, regarding before final action is taken. Comments in both cases, the drivers do not face the inspection of the boiler every 15 received after that date will be same fatigue factors as drivers of long- calendar years or 1472 service days. considered if practicable. haul trucks, and therefore do not pose This is required under CFR 49 Section Anyone can search the electronic the same risk of a fatigue-related 230.17—One thousand four hundred form of any written communications accident as long-haul drivers.’’ seventy-two (1472) service day and comments received into any of our NAPA requests that the operation of inspection. THSX is requesting an dockets by the name of the individual certain vehicles and equipment (Water additional 58 calendar days before submitting the comment (or signing the Truck, Tack (tar) Distributor, Equipment performing a 1472 SDI. The previous document, if submitted on behalf of an Hauler and Pick-Sweeper (Street SDI was performed on September 2, association, business, labor union, etc.). Sweeper)) be included in the definition 2002. Granting relief will allow No. 142 Under 5 U.S.C. 553(c), DOT solicits of ‘‘transportation of asphalt and related an SDI period of 15 calendar years and comments from the public to better materials and equipment’’ for purposes 58 calendar days while not exceeding inform its processes. DOT posts these of these exemptions. 1472 service days. comments, without edit, including any NAPA states in its application that No. 142 is operated by THSX on personal information the commenter drivers would remain subject to the Belvedere & Delaware Railroad for provides, to www.regulations.gov, as HOS regulations and would receive weekly tourist service. THSX’s described in the system of records sufficient rest due to the nature of their justification for requesting relief is that notice (DOT/ALL–14 FDMS), which can operations that limit driving to an No. 142 has only operated for a total 640 be reviewed at https:// average of six to seven hours per day or service days within the 15-calendar year www.transportation.gov/privacy. See less during the paving season. NAPA period. The extension will allow No. also https://www.regulations.gov/ believes that granting these exemptions 142 to operate through their busiest privacyNotice for the privacy notice of would achieve the same level of safety tourist season. THSX anticipates regulations.gov. provided by the two HOS rules. The approximately 18 additional service requested exemptions are for 5 years days during the requested time Robert C. Lauby, with renewals. A copy of NAPA’s extension. Associate Administrator for Railroad Safety, A copy of the petition, as well as any Chief Safety Officer. application for exemptions is available written communications concerning the [FR Doc. 2017–18898 Filed 9–6–17; 8:45 am] for review in the docket for this notice. petition, is available for review online at BILLING CODE 4910–06–P Issued on: August 30, 2017. www.regulations.gov and in person at Larry W. Minor, the Department of Transportation’s Associate Administrator for Policy. Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION [FR Doc. 2017–18985 Filed 9–6–17; 8:45 am] Jersey Ave. SE., W12–140, Washington, BILLING CODE 4910–EX–P DC 20590. The Docket Operations Maritime Administration Facility is open from 9 a.m. to 5 p.m., [Docket No. MARAD–2017–0160] Monday through Friday, except Federal DEPARTMENT OF TRANSPORTATION Holidays. Requested Administrative Waiver of Interested parties are invited to the Coastwise Trade Laws: Vessel Federal Railroad Administration participate in these proceedings by BONITA; Invitation for Public [Docket Number FRA–2017–0076] submitting written views, data, or Comments comments. FRA does not anticipate Petition for Waiver of Compliance scheduling a public hearing in AGENCY: Maritime Administration. connection with these proceedings since ACTION: Notice. Under Part 211 of Title 49 of the Code the facts do not appear to warrant a of Federal Regulations (CFR), this hearing. If any interested parties desire SUMMARY: The Secretary of document provides the public notice an opportunity for oral comment, they Transportation, as represented by the that on July 24, 2017 the New York should notify FRA, in writing, before Maritime Administration (MARAD), is mstockstill on DSK30JT082PROD with NOTICES Susquehanna & Western Technical & the end of the comment period and authorized to grant waivers of the U.S.- Historical Society (THSX) petitioned the specify the basis for their request. build requirement of the coastwise laws Federal Railroad Administration (FRA) All communications concerning these under certain circumstances. A request proceedings should identify the for such a waiver has been received by 30-minute break requirement [80 FR 17819, April 2, 2015], which section 5206(b)(1)(A) of the FAST appropriate docket number and may be MARAD. The vessel, and a brief Act made into permanent law [129 Stat. 1312, submitted by any of the following description of the proposed service, is 1537]. methods: listed below. VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1


Document Created: 2017-09-07 02:01:40
Document Modified: 2017-09-07 02:01:40
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 42417 
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