82 FR 4454 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 9 (January 13, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 9 (January 13, 2017)
| Page Range | 4454-4455 | |
| FR Document | 2017-00693 |
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)] [Notices] [Pages 4454-4455] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00693] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2016-0121] Petition for Waiver of Compliance In accordance with part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that by a document dated December 6, 2016, the Long Island Railroad Company (LIRR) 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 214.353(a). FRA assigned the petition Docket Number FRA-2016-0121. LIRR submitted this petition for a partial waiver of a new regulation, which will be set forth in 49 CFR 214.353(a) and will go into effect on April 1, 2017, requiring that conductors who act as roadway workers in charge (RWICs) receive annual training as set forth in that section. See 81 FR 37840. LIRR is not requesting a waiver from the portion of the new rule requiring that it provide conductors who act as RWICs the specified training set forth in the rule. LIRR already includes all of those items in its training of assistant conductors prior to their promotion to conductors. In fact, the level of Qualifications/Certifications for LIRR assistant conductors and conductors far exceeds the RWIC requirements, and LIRR conductors are fully qualified on all operating rules and physical characteristics for LIRR's entire system. LIRR also is revising its syllabus to make sure that, as of April 1, 2017, the refresher training given to conductors includes all of the specified topics, as well as any additional topics recommended in FRA Safety Advisory 2016-02 (See 81 FR 85676). Nor is it requesting a waiver from the portion of the new rule requiring that these individuals be qualified every 3 years and, in fact, will require that they be qualified every 2 years. Finally, LIRR is not requesting that the annual training requirement be waived for LIRR's roadway workers or any employees (such as non-roadway worker Engineering Department employees) other than conductors who act as RWICs. It is simply requesting that LIRR be permitted to provide the specified training to its conductors who act as RWICs every 2 years. LIRR is making this request because of the difficulty of training all of its 1,200 conductors each year. LIRR currently conducts bi- annual block training, with half of its conductors (600 out of 1,200) trained in 1 year and the other half trained the following year. LIRR also notes that it provides all of them each spring with a ``Roadway Worker Refresher Guide'' that includes specific RWIC responsibilities. In running its program in this manner, LIRR is able to maintain its 24 hour a day/7 day a week operation of the largest commuter railroad in the United States and carry over 87 million passengers per year. Requiring that all 1,200 conductors receive training each year would force LIRR to hire additional conductors (an expensive and lengthy process) and/or increase overtime (also expensive) to cover the assignments that conductors cannot cover due to the increased training. LIRR also may need to hire additional training personnel and/or limit the amount of time such training personnel can devote to teaching LIRR employees other non-mandated but useful subjects. As a public benefit corporation that receives much of its funding from tax revenues, these added personnel and training costs then would be passed on to the public. LIRR has spoken with officials from The International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART) Division, the union representing LIRR's conductors. SMART provided a letter in support, and it is available for review in the public docket for this waiver petition. Permitting LIRR to instruct and qualify its conductors who act as RWICs on the items set forth in 49 CFR 214.353, Training and qualification of roadway workers who provide on-track safety for roadway work groups, every 2 years, rather than instruct them every year and qualify them every 3 years, would allow LIRR to maintain the safety of its passengers and employees and also allow it to maintain its operations without the need to: (i) Hire additional conductors and/ or training personnel, (ii) increase overtime, or (iii) reduce training in non-mandated areas. As the waiver would be in the public interest and consistent with public safety, LIRR requests that it be granted. 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 [[Page 4455]] connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires 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 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. 2017-00693 Filed 1-12-17; 8:45 am] BILLING CODE 4910-06-P
![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](https://thefederalregister.org/doc/82_FR_4463/page/1.svg)
![Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices 4455
connection with these proceedings since ACTION: Notice of availability of final Department of Transportation (DOT)
the facts do not appear to warrant a circular. regulations, ‘‘Uniform Administrative
hearing. If any interested party desires Requirements, Cost Principles, and
an opportunity for oral comment and a SUMMARY: The Federal Transit Audit Requirements for Federal
public hearing, they should notify FRA, Administration (FTA) has placed in the Awards,’’ 2 CFR part 1201, and changes
in writing, before the end of the docket and on its Web site guidance in in the terms as used in FTA’s new
comment period and specify the basis the form of FTA Circular 5010.1E, electronic award management system,
for their request. ‘‘Award Management Requirements,’’ to the Transit Award Management System
All communications concerning these facilitate implementation of FTA’s (TrAMS).
proceedings should identify the assistance programs. The final Circular This notice provides a summary of
appropriate docket number and may be updates the ‘‘Grant Management changes to FTA Circular 5010.1D,
submitted by any of the following Requirements’’ Circular 5010.1D to ‘‘Grant Management Requirements,’’
methods: reflect various changes in the law, as and addresses comments received in
• Web site: http:// well as FTA’s transition to a new response to the February 29, 2016,
www.regulations.gov. Follow the online electronic award management system. Federal Register notice of proposed
instructions for submitting comments. DATES: The effective date of the Circular circular and request for comments (81
• Fax: 202–493–2251. is February 13, 2017. FR 10358). The final Circular 5010.1E,
• Mail: Docket Operations Facility, FOR FURTHER INFORMATION, ‘‘Award Management Requirements’’
U.S. Department of Transportation, 1200 CONTACT: For program matters, becomes effective on February 13, 2017
New Jersey Avenue SE., W12–140, contact Pamela A. Brown, FTA Office of and supersedes Circular 5010.1D.
Washington, DC 20590. Program Management, at (202) 493– On December 26, 2014, U.S. DOT
• Hand Delivery: 1200 New Jersey 2503, or pamela.brown@dot.gov. For adopted the Office of Management and
Avenue SE., Room W12–140, legal matters, contact Linda W. Sorkin, Budget (OMB) regulatory guidance,
Washington, DC 20590, between 9 a.m. FTA Attorney Advisor, Office of Chief ‘‘Uniform Administrative Requirements,
and 5 p.m., Monday through Friday, Counsel, at (202) 366–0959 or Cost Principles, and Audit
except Federal Holidays. linda.sorkin@dot.gov. Requirements for Federal Awards,’’
Communications received by (Uniform Guidance), 2 CFR part 200,
SUPPLEMENTARY INFORMATION:
February 27, 2017 will be considered by now incorporated by reference in U.S.
FRA before final action is taken. Availability of Final Circular DOT regulations, 2 CFR part 1201. The
Comments received after that date will This notice provides a summary of the Uniform Guidance streamlines and adds
be considered as far as practicable. final changes to the Award Management to the guidance formerly found in eight
Anyone is able to search the Requirements Circular and responds to OMB Circulars that have been
electronic form of any written comments received on the proposed superseded by 2 CFR part 200. While 2
communications and comments Circular. The final Circular itself is not CFR part 1201 adopts most of the
received into any of our dockets by the included in this notice; instead, an Uniform Guidance, part 1201 does
name of the individual submitting the electronic version may be found on contain several DOT-specific provisions.
comment (or signing the document, if FTA’s Web site, at www.transit.dot.gov, U.S. DOT regulations, 2 CFR part
submitted on behalf of an association, and in the docket, at 1201, apply to an FTA award and any
business, labor union, etc.). In www.regulations.gov. Paper copies of amendments thereto signed by an
accordance with 5 U.S.C. 553(c), DOT the final Circular may be obtained by authorized FTA official on or after
solicits comments from the public to contacting FTA’s Administrative December 26, 2014. These regulations
better inform its processes. DOT posts Services Help Desk, at (202) 366–4865. supersede 49 CFR part 18, ‘‘Uniform
these comments, without edit, including Administrative Requirements for Grants
any personal information the Table of Contents and Cooperative Agreements to State
commenter provides, to I. Overview and Local Governments,’’ and 49 CFR
www.regulations.gov, as described in II. Chapter-by-Chapter Analysis part 19, ‘‘Uniform Administrative
the system of records notice (DOT/ALL– A. General Comments Requirements for Grants and
14 FDMS), which can be reviewed at B. Chapter I—Introduction and Background Agreements with Institutions of Higher
www.transportation.gov/privacy. See C. Chapter II—Circular Overview Education, Hospitals, and Other Non-
also https://www.regulations.gov/ D. Chapter III—Administration of the Profit Organizations,’’ except that Grants
privacyNotice for the privacy notice of Award
E. Chapter IV—Management of the Award
and Cooperative Agreements executed
regulations.gov. F. Chapter V—FTA Oversight before December 26, 2014, continue to
Robert C. Lauby, G. Chapter VI—Financial Management be subject to 49 CFR parts 18 and 19 as
H. Appendices in effect on the date of such Grants or
Associate Administrator for Railroad Safety,
Chief Safety Officer.
Cooperative Agreements.
I. Overview In addition to addressing changes to
[FR Doc. 2017–00693 Filed 1–12–17; 8:45 am]
FTA is updating its Award federal law, the final Circular reflects
BILLING CODE 4910–06–P
Management Requirements Circular terminology changes for consistency
(formerly ‘‘Grant Management with FTA’s new electronic award
Requirements’’ Circular) to incorporate management system, TrAMS. The
DEPARTMENT OF TRANSPORTATION
changes to FTA’s programs resulting Circular also clarifies FTA’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Transit Administration from enactment of FTA’s most recent requirements and processes, includes
authorizing legislation, the Fixing FTA policies, and restructures FTA
[Docket No. FTA–2015–0030] America’s Surface Transportation Circular 5010.1D, ‘‘Grant Management
(FAST) Act (Pub. L. 114–94, Dec. 4, Requirements.’’ The final Circular
Award Management Requirements:
2015), as well as the Moving Ahead for applies to Grants and Cooperative
Availability of Final Circular
Progress in the 21st Century Act (MAP– Agreements when program-specific
AGENCY: Federal Transit Administration 21) (Pub. L. 112–141, July 6, 2012). In requirements are not addressed in an
(FTA), DOT. addition, the final Circular incorporates FTA program-specific Circular.
VerDate Sep<11>2014 19:06 Jan 12, 2017 Jkt 241001 PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1](https://thefederalregister.org/doc/82_FR_4463/page/2.svg)
Document Created: 2017-01-13 02:44:50
Document Modified: 2017-01-13 02:44:50
| 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 4454 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR