82 FR 46884 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 193 (October 6, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 193 (October 6, 2017)
| Page Range | 46884-46885 | |
| FR Document | 2017-21513 |
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)] [Notices] [Pages 46884-46885] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21513] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2017-0084] Petition for Waiver of Compliance Under part 211 of title 49 of the Code of Federal Regulations (CFR), this provides the public notice that on August 21, 2017, the Norfolk Southern Corporation (NS) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations in 49 CFR part 214. FRA assigned the petition docket number FRA-2017-0084. NS requests a waiver of compliance from Sec. 214.336(c) as it pertains to procedures for adjacent controlled track movements at 25 miles per hour (mph) or less. NS indicates this request is specific to a unique working group, the R-3 Dual Rail Gang (R-3 Gang). This group is a system-level production gang comprised of 78 employees and 40 roadway maintenance machines with the capability to remove both rails while simultaneously installing both new rails. NS states no other railroad has a work group that operates in this manner to replace both rails; the relief requested in the waiver would apply only to this specific work group. NS is seeking a waiver from using the gauge position of the rail as the point for the plane that is not to be broken on the occupied track. Instead, NS seeks to use the removed rails of the occupied track as an envelope for on-ground work performed exclusively between these rails for the employees working in the R-3 Gang. NS asserts the work can be performed safely within the context of the R-3 Gang's work. As described by NS in its petition, during dual rail replacement, both rails are simultaneously removed from the track structure and positioned on the ballast against the outside of the crossties on the occupied track. In this position, the removed rail is nearly 16.75 inches closer to the adjacent controlled track than its normal gage position on the crosstie. Once the rails are removed from their normal position on the crosstie, an adzing machine is used to remove any tie cutting from the crosstie. At this point in the process, there is not a clearly defined outside limit with respect to ``the on-ground work performed exclusively between the rails.'' NS states that the removed rail lying on the ballast against the end of the crosstie provides a clear line of demarcation that is easily identifiable to its employees. NS is also seeking a waiver from the requirement that on-ground work be performed exclusively between the rails (i.e., not breaking the plane of the rails) of the occupied track. Based on this request, NS seeks a waiver from compliance to allow up to four on-ground R-3 Gang employees (when working with one adjacent controlled track) and up to eight on-ground R-3 Gang employees (when working with two adjacent controlled tracks) to break the plane of the outside rail to perform minor work. NS indicates the employees would be limited in their duties for breaking the plane of the outside rail to only move tie plates with non-powered hand tools from the ballast to its positon on top of the crossties. This minor work could be completed with the employees' center of gravity positioned within the newly defined outside rails. A copy of the petition, as well as any other 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 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 November 20, 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:// [[Page 46885]] 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. 2017-21513 Filed 10-5-17; 8:45 am] BILLING CODE 4910-06-P
![46884 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
comment period and specify the basis regulations in 49 CFR part 214. FRA only move tie plates with non-powered
for their request. assigned the petition docket number hand tools from the ballast to its positon
All communications concerning these FRA–2017–0084. on top of the crossties. This minor work
proceedings should identify the NS requests a waiver of compliance could be completed with the employees’
appropriate docket number and may be from § 214.336(c) as it pertains to center of gravity positioned within the
submitted by any of the following procedures for adjacent controlled track newly defined outside rails.
methods: movements at 25 miles per hour (mph) A copy of the petition, as well as any
• Web site: http:// or less. NS indicates this request is other written communications
www.regulations.gov. Follow the online specific to a unique working group, the concerning the petition, is available for
instructions for submitting comments. R–3 Dual Rail Gang (R–3 Gang). This review online at www.regulations.gov
• Fax: 202–493–2251. group is a system-level production gang and in person at the Department of
• Mail: Docket Operations Facility, comprised of 78 employees and 40 Transportation’s Docket Operations
U.S. Department of Transportation, 1200 roadway maintenance machines with Facility, 1200 New Jersey Ave. SE.,
New Jersey Avenue SE., W12–140, the capability to remove both rails while W12–140, Washington, DC 20590. The
Washington, DC 20590. simultaneously installing both new Docket Operations Facility is open from
• Hand Delivery: 1200 New Jersey rails. NS states no other railroad has a 9 a.m. to 5 p.m., Monday through
Avenue SE., Room W12–140, work group that operates in this manner Friday, except Federal Holidays.
Washington, DC 20590, between 9 a.m. to replace both rails; the relief requested Interested parties are invited to
and 5 p.m., Monday through Friday, in the waiver would apply only to this participate in these proceedings by
except Federal Holidays. specific work group. submitting written views, data, or
Communications received by NS is seeking a waiver from using the comments. FRA does not anticipate
November 6, 2017 will be considered by gauge position of the rail as the point for scheduling a public hearing in
FRA before final action is taken. the plane that is not to be broken on the connection with these proceedings since
Comments received after that date will occupied track. Instead, NS seeks to use the facts do not appear to warrant a
be considered as far as practicable. the removed rails of the occupied track hearing. If any interested parties desire
Anyone is able to search the as an envelope for on-ground work an opportunity for oral comment and a
electronic form of any written performed exclusively between these public hearing, they should notify FRA,
communications and comments rails for the employees working in the in writing, before the end of the
received into any of our dockets by the R–3 Gang. NS asserts the work can be comment period and specify the basis
name of the individual submitting the performed safely within the context of for their request.
comment (or signing the document, if the R–3 Gang’s work. As described by All communications concerning these
submitted on behalf of an association, NS in its petition, during dual rail proceedings should identify the
replacement, both rails are appropriate docket number and may be
business, labor union, etc.). In
simultaneously removed from the track submitted by any of the following
accordance with 5 U.S.C. 553(c), DOT
structure and positioned on the ballast methods:
solicits comments from the public to
better inform its processes. DOT posts
against the outside of the crossties on • Web site: http://
the occupied track. In this position, the www.regulations.gov. Follow the online
these comments, without edit, including
removed rail is nearly 16.75 inches instructions for submitting comments.
any personal information the
closer to the adjacent controlled track • Fax: 202–493–2251.
commenter provides, to • Mail: Docket Operations Facility,
than its normal gage position on the
www.regulations.gov, as described in U.S. Department of Transportation, 1200
crosstie. Once the rails are removed
the system of records notice (DOT/ALL– New Jersey Avenue SE., W12–140,
from their normal position on the
14 FDMS), which can be reviewed at crosstie, an adzing machine is used to Washington, DC 20590.
https://www.transportation.gov/privacy. remove any tie cutting from the crosstie. • Hand Delivery: 1200 New Jersey
See also https://www.regulations.gov/ At this point in the process, there is not Avenue SE., Room W12–140,
privacyNotice for the privacy notice of a clearly defined outside limit with Washington, DC 20590, between 9 a.m.
regulations.gov. respect to ‘‘the on-ground work and 5 p.m., Monday through Friday,
Robert C. Lauby, performed exclusively between the except Federal Holidays.
Associate Administrator for Railroad Safety, rails.’’ NS states that the removed rail Communications received by
Chief Safety Officer. lying on the ballast against the end of November 20, 2017 will be considered
[FR Doc. 2017–21514 Filed 10–5–17; 8:45 am] the crosstie provides a clear line of by FRA before final action is taken.
BILLING CODE 4910–06–P
demarcation that is easily identifiable to Comments received after that date will
its employees. be considered if practicable.
NS is also seeking a waiver from the Anyone can search the electronic
DEPARTMENT OF TRANSPORTATION requirement that on-ground work be form of any written communications
performed exclusively between the rails and comments received into any of our
Federal Railroad Administration (i.e., not breaking the plane of the rails) dockets by the name of the individual
of the occupied track. Based on this submitting the comment (or signing the
[Docket Number FRA–2017–0084] document, if submitted on behalf of an
request, NS seeks a waiver from
Petition for Waiver of Compliance compliance to allow up to four on- association, business, labor union, etc.).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
ground R–3 Gang employees (when Under 5 U.S.C. 553(c), DOT solicits
Under part 211 of title 49 of the Code working with one adjacent controlled comments from the public to better
of Federal Regulations (CFR), this track) and up to eight on-ground R–3 inform its processes. DOT posts these
provides the public notice that on Gang employees (when working with comments, without edit, including any
August 21, 2017, the Norfolk Southern two adjacent controlled tracks) to break personal information the commenter
Corporation (NS) petitioned the Federal the plane of the outside rail to perform provides, to www.regulations.gov, as
Railroad Administration (FRA) for a minor work. NS indicates the employees described in the system of records
waiver of compliance from certain would be limited in their duties for notice (DOT/ALL–14 FDMS), which can
provisions of the Federal railroad safety breaking the plane of the outside rail to be reviewed at https://
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![Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46885
www.transportation.gov/privacy. See submitting written views, data, or DEPARTMENT OF TRANSPORTATION
also https://www.regulations.gov/ comments. FRA does not anticipate
privacyNotice for the privacy notice of scheduling a public hearing in Federal Railroad Administration
regulations.gov. connection with these proceedings since [Docket Number FRA–2001–10948]
Robert C. Lauby, the facts do not appear to warrant a
Associate Administrator for Railroad Safety, hearing. If any interested parties desire Petition for Waiver of Compliance
Chief Safety Officer. an opportunity for oral comment and a Under part 211 of Title 49 of the Code
[FR Doc. 2017–21513 Filed 10–5–17; 8:45 am] public hearing, they should notify FRA, of Federal Regulations (CFR), this
BILLING CODE 4910–06–P in writing, before the end of the document provides the public notice
comment period and specify the basis that on September 11, 2017, Central
for their request. Montana Rail, Inc. (CMR) petitioned the
DEPARTMENT OF TRANSPORTATION All communications concerning these Federal Railroad Administration (FRA)
proceedings should identify the for a waiver of compliance from certain
Federal Railroad Administration provisions of the hours of service laws
appropriate docket number and may be
[Docket Number FRA–2017–0083] submitted by any of the following contained at Title 49 United States Code
methods: Section 21103(a) under authority of
Petition for Approval of Informational section 21102(b). FRA assigned the
Filing • Web site: http:// petition docket number FRA–2001–
www.regulations.gov. Follow the online 10948.
Under part 211 of title 49, Code of instructions for submitting comments. CMR requested an extension of its
Federal Regulations (CFR), this
document amends prior public notice • Fax: 202–493–2251. existing waiver of relief from the
provisions of 49 U.S.C. 21103(a), which
that on August 30, 2017, the Yadkin • Mail: Docket Operations Facility,
prohibits a train employee from
Valley Railroad (YVRR) petitioned the U.S. Department of Transportation, 1200 remaining or going on duty for a period
Federal Railroad Administration (FRA) New Jersey Avenue SE., W12–140, in excess of 12 consecutive hours. 49
for approval of an Informational Filing Washington, DC 20590. U.S.C. 21102(b) allows railroads with 15
(IF) pursuant to 49 CFR 236.913(j).
The YVRR submitted an IF requesting • Hand Delivery: 1200 New Jersey or fewer employees to be exempted from
FRA approval to conduct field testing of Avenue SE., Room W12–140, the restriction outlined at 49 U.S.C.
a Train Detection System supplied by Washington, DC 20590, between 9 a.m. 21103(a)(2), but the exemption may not
Next Generation Rail Technologies S.L. and 5 p.m., Monday through Friday, authorize a carrier to require or allow its
(NGRT) at Bethania Road highway-rail except Federal Holidays. employees to be on duty more than a
crossing in Rural Hall, North Carolina. total of 16 hours in a 24-hour period. In
Communications received by
After installation of the system, the support of its request, CMR explained
November 20, 2017 will be considered
proposed period of data collection will that the allowance for train crews to
by FRA before final action is taken. accumulate up to 16 hours of time on
be approximately four months. YVRR Comments received after that date will
asserts that its IF addresses all duty has not impacted safety negatively,
be considered if practicable. and is only used occasionally, to
requirements of 49 CFR 236.913(j)(1),
and that the Train Detection System will Anyone can search the electronic address unusual circumstances such as
be operating in shadow mode only to form of any written communications weather, traffic peaks, and employee
collect data, and will not interfere, and comments received into any of our illness. CMR states that its operation
impact, or communicate with the dockets by the name of the individual continues on approximately the same
current signaling system. submitting the comment (or signing the scale as when the initial waiver was
FRA assigned the petition Docket document, if submitted on behalf of an granted, with seven regular full-time
Number FRA–2017–0083, and association, business, labor union, etc.). employees. A copy of the petition, as
published notice of the petition in the Under 5 U.S.C. 553(c), DOT solicits well as any written communications
Federal Register on September 18, 2017. comments from the public to better concerning the petition, is available for
82 FR 43655. inform its processes. DOT posts these review online at www.regulations.gov
This document provides additional comments, without edit, including any and in person at the Department of
information and corrections to the personal information the commenter Transportation’s Docket Operations
notice published September 18, 2017, Facility, 1200 New Jersey Ave. SE.,
provides, to www.regulations.gov, as
regarding this docket. The September 18 W12–140, Washington, DC 20590. The
described in the system of records
notice included an inaccurate Docket Operations Facility is open from
notice (DOT/ALL–14 FDMS), which can
description of the filing, and omitted 9 a.m. to 5 p.m., Monday through
language providing an opportunity and be reviewed at https:// Friday, except Federal Holidays.
instructions for public comment. www.transportation.gov/privacy. See Interested parties are invited to
A copy of the petition, as well as any also https://www.regulations.gov/ participate in these proceedings by
written communications concerning the privacyNotice for the privacy notice of submitting written views, data, or
petition, is available for review online at regulations.gov. comments. FRA does not anticipate
www.regulations.gov and in person at Issued in Washington, DC. scheduling a public hearing in
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the U.S. Department of Transportation’s connection with these proceedings since
(DOT) Docket Operations Facility, 1200 Robert C. Lauby, the facts do not appear to warrant a
New Jersey Avenue SE., W12–140, Associate Administrator for Railroad Safety, hearing. If any interested parties desire
Washington, DC 20590. The Docket Chief Safety Officer. an opportunity for oral comment, they
Operations Facility is open from 9 a.m. [FR Doc. 2017–21512 Filed 10–5–17; 8:45 am] should notify FRA, in writing, before
to 5 p.m., Monday through Friday, BILLING CODE 4910–06–P the end of the comment period and
except Federal Holidays. specify the basis for their request.
Interested parties are invited to All communications concerning these
participate in these proceedings by proceedings should identify the
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Document Created: 2017-10-06 00:09:16
Document Modified: 2017-10-06 00:09:16
| 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 46884 |
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