82_FR_49902 82 FR 49696 - Petition for Waiver of Compliance

82 FR 49696 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 206 (October 26, 2017)

Page Range49696-49696
FR Document2017-23237

Federal Register, Volume 82 Issue 206 (Thursday, October 26, 2017) 
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Page 49696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23237]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0105]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on October 4, 2017, the Association of 
American Railroads (AAR) petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
Railroad safety regulations contained at 49 CFR 229.23. FRA assigned 
the petition Docket Number FRA-2017-0105.
    Section 229.23(a) requires each locomotive to be inspected on an 
interval not to exceed 92 days; section 229.23(b) allows a locomotive 
equipped with advanced microprocessor-based on-board electronic 
condition monitoring controls to be inspected on an interval not to 
exceed 184 days. AAR states in its petition that it believes the 
approximately 422 locomotives equipped with 26-L brake systems and 
microprocessor-based on-board pneumatic condition monitoring controls 
should fall within section 229.23(b), and petitions for a two-year test 
waiver to demonstrate the appropriateness of that categorization.
    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 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 December 11, 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. 2017-23237 Filed 10-25-17; 8:45 am]
 BILLING CODE 4910-06-P

49696 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices interested public but limited to space submitting written views, data, or DEPARTMENT OF TRANSPORTATION availability. With the approval of the comments. FRA does not anticipate chairman, members of the public may scheduling a public hearing in Federal Railroad Administration present oral statements at the meeting. connection with these proceedings since Persons wishing to attend or to present the facts do not appear to warrant a [Docket Number FRA–2013–0019] statements or obtain information should hearing. If any interested parties desire contact the person listed in the FOR Petition for Waiver of Compliance an opportunity for oral comment and a FURTHER INFORMATION CONTACT section. public hearing, they should notify FRA, Under part 211 of Title 49 of the Code Members of the public may present a in writing, before the end of the of Federal Regulations (CFR), this written statement to the committee at document provides the public notice comment period and specify the basis any time. Issued in Washington, DC on that on August 15, 2017, Old Augusta for their request. Dated: October 23, 2017. Railroad (OAR) petitioned the Federal All communications concerning these Mohannad Dawoud, Railroad Administration (FRA) for a proceedings should identify the waiver of compliance from certain Management & Program Analyst, Partnership Contracts Branch, ANG–A17, NextGen, appropriate docket number and may be provisions of the hours of service laws Procurement Services Division, Federal submitted by any of the following contained at Title 49 United States Code Aviation Administration. methods: (U.S.C.) section 21103(a), in accordance [FR Doc. 2017–23278 Filed 10–25–17; 8:45 am] • Web site: http:// with the authority of section 21102(b). BILLING CODE 4910–13–P www.regulations.gov. Follow the online FRA assigned the petition docket instructions for submitting comments. number FRA–2013–0019. • Fax: 202–493–2251. OAR requested an extension of its DEPARTMENT OF TRANSPORTATION existing waiver of relief from the • Mail: Docket Operations Facility, provisions of 49 U.S.C. 21103(a), which Federal Railroad Administration U.S. Department of Transportation, 1200 prohibits a train employee from [Docket Number FRA–2017–0105] New Jersey Avenue SE., W12–140, remaining or going on duty for a period Washington, DC 20590. in excess of 12 consecutive hours. 49 Petition for Waiver of Compliance • Hand Delivery: 1200 New Jersey U.S.C. 21102(b) allows railroads with 15 Avenue SE., Room W12–140, or fewer employees to be exempted from Under part 211 of Title 49 Code of Washington, DC 20590, between 9 a.m. the restriction outlined at 49 U.S.C. Federal Regulations (CFR), this provides and 5 p.m., Monday through Friday, 21103(a)(4)(B). The existing waiver the public notice that on October 4, except Federal Holidays. allows OAR employees to initiate an on- 2017, the Association of American duty period each day for seven (7) Railroads (AAR) petitioned the Federal Communications received by consecutive days followed by 72 hours Railroad Administration (FRA) for a December 11, 2017 will be considered off duty. An employee may initiate an waiver of compliance from certain by FRA before final action is taken. on-duty period for an eighth provisions of the Federal Railroad safety Comments received after that date will regulations contained at 49 CFR 229.23. consecutive day followed by 72 hours be considered if practicable. off duty, if all eight assignments do not FRA assigned the petition Docket Number FRA–2017–0105. Anyone can search the electronic infringe upon the 10:00 p.m. to 5:00 Section 229.23(a) requires each form of any written communications a.m. time period. Employees’ schedules locomotive to be inspected on an and comments received into any of our may be extended no more than one time interval not to exceed 92 days; section dockets by the name of the individual within any 30-day period. An employee 229.23(b) allows a locomotive equipped submitting the comment (or signing the must agree to have his or her series of with advanced microprocessor-based document, if submitted on behalf of an consecutive days extended. If an on-board electronic condition association, business, labor union, etc.). employee’s series of consecutive days is monitoring controls to be inspected on Under 5 U.S.C. 553(c), DOT solicits extended and he or she subsequently an interval not to exceed 184 days. AAR feels fatigues, he or she may request up comments from the public to better states in its petition that it believes the to 24 hours of time off duty, which OAR inform its processes. DOT posts these approximately 422 locomotives shall allow the employee to receive. For comments, without edit, including any equipped with 26–L brake systems and any employee whose series of personal information the commenter consecutive days is extended subject to microprocessor-based on-board provides, to www.regulations.gov, as pneumatic condition monitoring this waiver, the hours of service records described in the system of records for the relevant series of consecutive controls should fall within section notice (DOT/ALL–14 FDMS), which can days must indicate that the limitation 229.23(b), and petitions for a two-year be reviewed at https:// has been extended by waiver. test waiver to demonstrate the appropriateness of that categorization. www.transportation.gov/privacy. See OAR states that its operation has not A copy of the petition, as well as any also https://www.regulations.gov/ had a single incident attributable to written communications concerning the privacyNotice for the privacy notice of fatigue during the effective period of the petition, is available for review online at regulations.gov. waiver. In addition, the relief has www.regulations.gov and in person at enabled the railroad to serve their Robert C. Lauby, the U.S. Department of Transportation’s customers safely and efficiently, Associate Administrator for Railroad Safety, utilizing their own experienced (DOT) Docket Operations Facility, 1200 ethrower on DSK3G9T082PROD with NOTICES Chief Safety Officer. New Jersey Avenue SE., W12–140, employees, and without having to rely [FR Doc. 2017–23237 Filed 10–25–17; 8:45 am] on less experienced personnel obtained Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. BILLING CODE 4910–06–P from other areas or entities. OAR states to 5 p.m., Monday through Friday, that its employees have unanimously except Federal Holidays. consented to the waiver, and it has full Interested parties are invited to support from both management and participate in these proceedings by train service employees. VerDate Sep<11>2014 17:29 Oct 25, 2017 Jkt 244001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1


Document Created: 2018-10-25 10:15:06
Document Modified: 2018-10-25 10:15:06
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 49696 
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