82_FR_4462 82 FR 4453 - Petition for Waiver of Compliance

82 FR 4453 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range4453-4454
FR Document2017-00692

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017) 
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4453-4454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00692]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-11896]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated December 5, 2016, Norfolk Southern Corporation (NS) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 231. FRA assigned the petition 
Docket Number FRA-2002-11896.
    In its petition, NS requested that the FRA extend its existing 
waiver of compliance from certain provisions of 49 CFR part 231 for an 
additional 5 years, permitting NS's Triple Crown Service to continue to 
operate RoadRailer[supreg] trains.
    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 Ave. 
SE., W12-140, Washington, DC 20590. The Docket

[[Page 4454]]

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 February 27, 2017 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to 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. 2017-00692 Filed 1-12-17; 8:45 am]
BILLING CODE 4910-06-P

Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices 4453 7. Wetlands and Water Resources: DEPARTMENT OF TRANSPORTATION 211.45(e) and (f). Specific instructions Clean Water Act (Section 404, Section for filing petitions for emergency 401, Section 319) [33 U.S.C. 1251– Federal Railroad Administration waivers under 49 CFR 211.45 are found 1377]; Coastal Barrier Resources Act [16 at 49 CFR 211.45(f). Specific [Docket No. FRA–2017–0001] U.S.C. 3501–3510]; Coastal Zone instructions for filing comments in Management Act [16 U.S.C. 1451–1465]; Establishment of an Emergency Relief response to petitions for emergency Land and Water Conservation Fund Docket for Calendar Year 2017 waivers are at 49 CFR 211.45(h). (LWCF) [16 U.S.C. 4601–4604]; Safe Anyone can search the electronic AGENCY: Federal Railroad form of any written communications Drinking Water Act (SDWA) [42 U.S.C. Administration (FRA), Department of and comments received regarding any of 300(f)–300(j)(6)]; Rivers and Harbors Act Transportation (DOT). our dockets by the name of the of 1899 [33 U.S.C. 401–406]; Wild and ACTION: Notice of establishment of individual submitting the comment (or Scenic Rivers Act [16 U.S.C. 1271– public docket. signing the document, if submitted on 1287]; Emergency Wetlands Resources behalf of an association, business, labor Act [16 U.S.C. 3921, 3931]; TEA–21 SUMMARY: This Notice announces the union, etc.). In accordance with 5 U.S.C. Wetlands Mitigation [23 U.S.C. establishment of FRA’s emergency relief 553(c), DOT solicits comments from the 103(b)(6)(m), 133(b)(11)]; Flood Disaster docket (ERD) for calendar year 2017. public to better inform its processes. Protection Act [42 U.S.C. 4001–4128]. The designated ERD for calendar year DOT posts these comments, without 8. Hazardous Materials: 2017 is Docket Number FRA–2017– edit, including any personal information Comprehensive Environmental 0001. the commenter provides, to Response, Compensation, and Liability SUPPLEMENTARY INFORMATION: On May www.regulations.gov, as described in Act (CERCLA) [42 U.S.C. 9601–9675]; 19, 2009, FRA published a direct final the system of records notice (DOT/ALL– Superfund Amendments and rule establishing ERDs and the 14 FDMS), which can be reviewed at Reauthorization Act of 1986 (SARA; 42 procedures for handling petitions for https://www.transportation.gov/privacy. U.S.C. 11011 et seq.); Resource emergency waivers of safety rules, See also https://www.regulations.gov/ Conservation and Recovery Act (RCRA) regulations, or standards during an privacyNotice for the privacy notice of [42 U.S.C. 6901–6992(k)]. emergency situation or event. 74 FR regulations.gov. 9. Executive Orders: E.O. 11990 23329. The direct final rule became Robert C. Lauby, effective on July 20, 2009, and made Protection of Wetlands; E.O. 11988 Associate Administrator for Railroad Safety, minor modifications to 49 CFR 211.45 Chief Safety Officer. Floodplain Management; E.O. 12898, in FRA’s Rules of Practice in 49 CFR Federal Actions to Address [FR Doc. 2017–00691 Filed 1–12–17; 8:45 am] part 211. Section 211.45(b) provides that Environmental Justice in Minority each calendar year FRA will establish BILLING CODE 4910–06–P Populations and Low Income an ERD in the publicly accessible DOT Populations; E.O. 11593 Protection and docket system (available at http:// Enhancement of Cultural Resources; DEPARTMENT OF TRANSPORTATION www.regulations.gov). Section 211.45(b) E.O. 13007 Indian Sacred Sites; E.O. further provides that FRA will publish Federal Railroad Administration 13287 Preserve America; E.O. 13175 a notice in the Federal Register Consultation and Coordination with identifying by docket number the ERD [Docket Number FRA–2002–11896] Indian Tribal Governments; E.O. 11514 for that year. FRA established the ERD Petition for Waiver of Compliance Protection and Enhancement of and emergency waiver procedures to Environmental Quality; E.O. 13112 provide an expedited process for FRA to In accordance with part 211 of Title Invasive Species; and E.O. 13186— address the needs of the public and the 49 of the Code of Federal Regulations Responsibilities of Federal Agencies to railroad industry during emergency (CFR), this document provides the Protect Migratory Birds. situations or events. This Notice public notice that by a document dated This notice does not apply to those announces the designated ERD for December 5, 2016, Norfolk Southern pending environmental permitting calendar year 2017 is Docket Number Corporation (NS) has petitioned the FRA–2017–0001. Federal Railroad Administration (FRA) decisions. (Catalog of Federal Domestic As detailed in Section 211.45, if the for a waiver of compliance from certain Assistance Program Number 20.205, FRA Administrator determines an provisions of the Federal railroad safety Highway Research, Planning and emergency event as defined in 49 CFR regulations contained at 49 CFR part Construction. The regulations 211.45(a) has occurred, or that an 231. FRA assigned the petition Docket implementing Executive Order 12372 imminent threat of such an emergency Number FRA–2002–11896. regarding intergovernmental occurring exists, and public safety In its petition, NS requested that the consultation on Federal programs and would benefit from providing the FRA extend its existing waiver of activities apply to this program.) railroad industry with operational relief, compliance from certain provisions of Authority: 23 U.S.C. 139(l)(1). the emergency waiver procedures of 49 49 CFR part 231 for an additional 5 CFR 211.45 will go into effect. In such years, permitting NS’s Triple Crown Issued on: December 22, 2016. an event, the FRA Administrator will Service to continue to operate Clarence W. Coleman, issue a statement in the ERD indicating RoadRailer® trains. asabaliauskas on DSK3SPTVN1PROD with NOTICES Director of Preconstruction and Environment, the emergency waiver procedures are in A copy of the petition, as well as any Raleigh, North Carolina. effect and FRA will make every effort to written communications concerning the [FR Doc. 2017–00554 Filed 1–12–17; 8:45 am] post the statement on its Web site at petition, is available for review online at BILLING CODE 4910–RY–P http://www.fra.dot.gov. Any party www.regulations.gov and in person at desiring relief from FRA regulatory the U.S. Department of Transportation’s requirements as a result of the (DOT) Docket Operations Facility, 1200 emergency should submit a petition for New Jersey Ave. SE., W12–140, emergency waiver under 49 CFR Washington, DC 20590. The Docket VerDate Sep<11>2014 19:06 Jan 12, 2017 Jkt 241001 PO 00000 Frm 00175 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1

4454 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices Operations Facility is open from 9 a.m. DEPARTMENT OF TRANSPORTATION trained the following year. LIRR also to 5 p.m., Monday through Friday, notes that it provides all of them each except Federal Holidays. Federal Railroad Administration spring with a ‘‘Roadway Worker Interested parties are invited to [Docket Number FRA–2016–0121] Refresher Guide’’ that includes specific participate in these proceedings by RWIC responsibilities. In running its submitting written views, data, or Petition for Waiver of Compliance program in this manner, LIRR is able to comments. FRA does not anticipate maintain its 24 hour a day/7 day a week In accordance with part 211 of Title operation of the largest commuter scheduling a public hearing in 49 of the Code of Federal Regulations connection with these proceedings since railroad in the United States and carry (CFR), this provides the public notice over 87 million passengers per year. the facts do not appear to warrant a that by a document dated December 6, hearing. If any interested parties desire Requiring that all 1,200 conductors 2016, the Long Island Railroad receive training each year would force an opportunity for oral comment and a Company (LIRR) has petitioned the public hearing, they should notify FRA, LIRR to hire additional conductors (an Federal Railroad Administration (FRA) expensive and lengthy process) and/or in writing, before the end of the for a waiver of compliance from certain increase overtime (also expensive) to comment period and specify the basis provisions of the Federal railroad safety cover the assignments that conductors for their request. regulations contained at 49 CFR part cannot cover due to the increased All communications concerning these 214.353(a). FRA assigned the petition training. LIRR also may need to hire proceedings should identify the Docket Number FRA–2016–0121. LIRR additional training personnel and/or appropriate docket number and may be submitted this petition for a partial limit the amount of time such training submitted by any of the following waiver of a new regulation, which will personnel can devote to teaching LIRR methods: be set forth in 49 CFR 214.353(a) and employees other non-mandated but will go into effect on April 1, 2017, • Web site: http:// useful subjects. As a public benefit requiring that conductors who act as corporation that receives much of its www.regulations.gov. Follow the online roadway workers in charge (RWICs) funding from tax revenues, these added instructions for submitting comments. receive annual training as set forth in personnel and training costs then would • Fax: 202–493–2251. that section. See 81 FR 37840. be passed on to the public. • Mail: Docket Operations Facility, LIRR is not requesting a waiver from LIRR has spoken with officials from U.S. Department of Transportation, 1200 the portion of the new rule requiring The International Association of Sheet New Jersey Avenue SE., W12–140, that it provide conductors who act as Metal, Air, Rail and Transportation Washington, DC 20590. RWICs the specified training set forth in Workers (SMART) Division, the union the rule. LIRR already includes all of representing LIRR’s conductors. SMART • Hand Delivery: 1200 New Jersey those items in its training of assistant Avenue SE., Room W12–140, provided a letter in support, and it is conductors prior to their promotion to available for review in the public docket Washington, DC 20590, between 9 a.m. conductors. In fact, the level of and 5 p.m., Monday through Friday, for this waiver petition. Qualifications/Certifications for LIRR Permitting LIRR to instruct and except Federal Holidays. assistant conductors and conductors far qualify its conductors who act as RWICs Communications received by exceeds the RWIC requirements, and on the items set forth in 49 CFR February 27, 2017 will be considered by LIRR conductors are fully qualified on 214.353, Training and qualification of FRA before final action is taken. all operating rules and physical roadway workers who provide on-track Comments received after that date will characteristics for LIRR’s entire system. safety for roadway work groups, every 2 be considered as far as practicable. LIRR also is revising its syllabus to years, rather than instruct them every Anyone is able to search the make sure that, as of April 1, 2017, the year and qualify them every 3 years, electronic form of any written refresher training given to conductors would allow LIRR to maintain the safety communications and comments includes all of the specified topics, as of its passengers and employees and received into any of our dockets by the well as any additional topics also allow it to maintain its operations name of the individual submitting the recommended in FRA Safety Advisory without the need to: (i) Hire additional comment (or signing the document, if 2016–02 (See 81 FR 85676). Nor is it conductors and/or training personnel, submitted on behalf of an association, requesting a waiver from the portion of (ii) increase overtime, or (iii) reduce business, labor union, etc.). In the new rule requiring that these training in non-mandated areas. As the accordance with 5 U.S.C. 553(c), DOT individuals be qualified every 3 years waiver would be in the public interest solicits comments from the public to and, in fact, will require that they be and consistent with public safety, LIRR better inform its processes. DOT posts qualified every 2 years. Finally, LIRR is requests that it be granted. these comments, without edit, including not requesting that the annual training A copy of the petition, as well as any any personal information the requirement be waived for LIRR’s written communications concerning the commenter provides, to roadway workers or any employees petition, is available for review online at www.regulations.gov, as described in (such as non-roadway worker www.regulations.gov and in person at the system of records notice (DOT/ALL– Engineering Department employees) the U.S. Department of Transportation’s 14 FDMS), which can be reviewed at other than conductors who act as (DOT) Docket Operations Facility, 1200 https://www.transportation.gov/privacy. RWICs. It is simply requesting that LIRR New Jersey Avenue SE., W12–140, be permitted to provide the specified Washington, DC 20590. The Docket asabaliauskas on DSK3SPTVN1PROD with NOTICES See also https://www.regulations.gov/ privacyNotice for the privacy notice of training to its conductors who act as Operations Facility is open from 9 a.m. regulations.gov. RWICs every 2 years. to 5 p.m., Monday through Friday, LIRR is making this request because of except Federal Holidays. Robert C. Lauby, the difficulty of training all of its 1,200 Interested parties are invited to Associate Administrator for Railroad Safety, conductors each year. LIRR currently participate in these proceedings by Chief Safety Officer. conducts bi-annual block training, with submitting written views, data, or [FR Doc. 2017–00692 Filed 1–12–17; 8:45 am] half of its conductors (600 out of 1,200) comments. FRA does not anticipate BILLING CODE 4910–06–P trained in 1 year and the other half scheduling a public hearing in VerDate Sep<11>2014 19:06 Jan 12, 2017 Jkt 241001 PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1


Document Created: 2017-01-13 02:44:52
Document Modified: 2017-01-13 02:44:52
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 4453 
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