82_FR_49903 82 FR 49697 - Petition for Waiver of Compliance

82 FR 49697 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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

Page Range49697-49698
FR Document2017-23235

Federal Register, Volume 82 Issue 206 (Thursday, October 26, 2017)
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49697-49698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23235]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0074]


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 July 28, 2017, the 
Canadian National Railway Company (CN), the Transportation Division of 
the International Association of Sheet Metal, Air, Rail, and 
Transportation Workers (TD-SMART) and the Brotherhood of Locomotive 
Engineers and Trainmen (BLET) collectively petitioned the Federal 
Railroad Administration (FRA) for an extension of CN's existing waiver 
of compliance from certain provisions of the hours of service laws 
contained at Title 49 United States Code (U.S.C.) section 21103(a)(4). 
FRA assigned the petition Docket Number FRA-2009-0074.
    CN requested an extension of its existing waiver from the 
provisions of 49 U.S.C. 21103(a), which prohibits a train employee from 
remaining or going on duty after that employee has initiated an on-duty 
period each day for six consecutive days, unless that employee has had 
at least 48 consecutive hours off duty at the employee's home terminal. 
Specifically, CN, on behalf of its railroad operating subsidiaries 
based in the United States, and its unions, seeks a waiver to allow 
train employees to initiate an on-duty period each day for 6 
consecutive days followed by 24 hours off duty. In support of the 
request, CN, BLET, and SMART explained that CN has operated these 
schedules of 6 consecutive on-duty periods followed by 24 hours off 
duty successfully since 2002. CN, BLET, and SMART indicate that these 
schedules have not had an adverse impact on safety.
    CN also provided an analysis of the most current 12-month period of 
train-employee on-duty human factor-related accidents and injuries. CN 
indicates that its analyses revealed that of the 13 human factor-
related accidents involving CN employees in the preceding 12 months, 
none involved employees covered under the waiver working 6 consecutive 
days followed by 24 hours off duty.
    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 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/

[[Page 49698]]

privacyNotice for the privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-23235 Filed 10-25-17; 8:45 am]
BILLING CODE 4910-06-P



                                                                           Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices                                           49697

                                                 A copy of the petition, as well as any                privacyNotice for the privacy notice of               working 6 consecutive days followed by
                                               written communications concerning the                   regulations.gov.                                      24 hours off duty.
                                               petition, is available for review online at             Robert C. Lauby,                                        A copy of the petition, as well as any
                                               www.regulations.gov and in person at                                                                          written communications concerning the
                                                                                                       Associate Administrator for Railroad Safety,
                                               the Department of Transportation’s                      Chief Safety Officer.                                 petition, is available for review online at
                                               Docket Operations Facility, 1200 New                                                                          www.regulations.gov and in person at
                                                                                                       [FR Doc. 2017–23236 Filed 10–25–17; 8:45 am]
                                               Jersey Ave. SE., W12–140, Washington,                                                                         the Department of Transportation’s
                                                                                                       BILLING CODE 4910–06–P
                                               DC 20590. The Docket Operations                                                                               Docket Operations Facility, 1200 New
                                               Facility is open from 9 a.m. to 5 p.m.,                                                                       Jersey Ave. SE., W12–140, Washington,
                                               Monday through Friday, except Federal                   DEPARTMENT OF TRANSPORTATION                          DC 20590. The Docket Operations
                                               Holidays.                                                                                                     Facility is open from 9 a.m. to 5 p.m.,
                                                 Interested parties are invited to                     Federal Railroad Administration                       Monday through Friday, except Federal
                                               participate in these proceedings by                                                                           Holidays.
                                               submitting written views, data, or                      [Docket Number FRA–2009–0074]                           Interested parties are invited to
                                               comments. FRA does not anticipate                                                                             participate in these proceedings by
                                               scheduling a public hearing in                          Petition for Waiver of Compliance                     submitting written views, data, or
                                               connection with these proceedings since                                                                       comments. FRA does not anticipate
                                                                                                          Under part 211 of Title 49 of the Code             scheduling a public hearing in
                                               the facts do not appear to warrant a                    of Federal Regulations (CFR), this
                                               hearing. If any interested parties desire                                                                     connection with these proceedings since
                                                                                                       provides the public notice that on July               the facts do not appear to warrant a
                                               an opportunity for oral comment, they                   28, 2017, the Canadian National
                                               should notify FRA, in writing, before                                                                         hearing. If any interested parties desire
                                                                                                       Railway Company (CN), the                             an opportunity for oral comment, they
                                               the end of the comment period and                       Transportation Division of the                        should notify FRA, in writing, before
                                               specify the basis for their request.                    International Association of Sheet                    the end of the comment period and
                                                 All communications concerning these                   Metal, Air, Rail, and Transportation                  specify the basis for their request.
                                               proceedings should identify the                         Workers (TD–SMART) and the
                                                                                                       Brotherhood of Locomotive Engineers                     All communications concerning these
                                               appropriate docket number and may be                                                                          proceedings should identify the
                                               submitted by any of the following                       and Trainmen (BLET) collectively
                                                                                                       petitioned the Federal Railroad                       appropriate docket number and may be
                                               methods:                                                                                                      submitted by any of the following
                                                                                                       Administration (FRA) for an extension
                                                 • Web site: http://                                   of CN’s existing waiver of compliance                 methods:
                                               www.regulations.gov. Follow the online                  from certain provisions of the hours of                 • Web site: http://
                                               instructions for submitting comments.                   service laws contained at Title 49                    www.regulations.gov. Follow the online
                                                 • Fax: 202–493–2251.                                  United States Code (U.S.C.) section                   instructions for submitting comments.
                                                 • Mail: Docket Operations Facility,                   21103(a)(4). FRA assigned the petition                  • Fax: 202–493–2251.
                                               U.S. Department of Transportation, 1200                 Docket Number FRA–2009–0074.                            • Mail: Docket Operations Facility,
                                               New Jersey Avenue SE., W12–140,                            CN requested an extension of its                   U.S. Department of Transportation, 1200
                                               Washington, DC 20590.                                   existing waiver from the provisions of                New Jersey Avenue SE., W12–140,
                                                                                                       49 U.S.C. 21103(a), which prohibits a                 Washington, DC 20590.
                                                 • Hand Delivery: 1200 New Jersey                      train employee from remaining or going
                                               Avenue SE., Room W12–140,                               on duty after that employee has initiated               • Hand Delivery: 1200 New Jersey
                                               Washington, DC 20590, between 9 a.m.                    an on-duty period each day for six                    Avenue SE., Room W12–140,
                                               and 5 p.m., Monday through Friday,                      consecutive days, unless that employee                Washington, DC 20590, between 9 a.m.
                                               except Federal Holidays.                                has had at least 48 consecutive hours off             and 5 p.m., Monday through Friday,
                                                                                                       duty at the employee’s home terminal.                 except Federal Holidays.
                                                 Communications received December
                                               11, 2017 will be considered by FRA                      Specifically, CN, on behalf of its                      Communications received December
                                               before final action is taken. Comments                  railroad operating subsidiaries based in              11, 2017 will be considered by FRA
                                               received after that date will be                        the United States, and its unions, seeks              before final action is taken. Comments
                                               considered if practicable.                              a waiver to allow train employees to                  received after that date will be
                                                                                                       initiate an on-duty period each day for               considered if practicable.
                                                 Anyone can search the electronic                      6 consecutive days followed by 24 hours                 Anyone can search the electronic
                                               form of any written communications                      off duty. In support of the request, CN,              form of any written communications
                                               and comments received into any of our                   BLET, and SMART explained that CN                     and comments received into any of our
                                               dockets by the name of the individual                   has operated these schedules of 6                     dockets by the name of the individual
                                               submitting the comment (or signing the                  consecutive on-duty periods followed                  submitting the comment (or signing the
                                               document, if submitted on behalf of an                  by 24 hours off duty successfully since               document, if submitted on behalf of an
                                               association, business, labor union, etc.).              2002. CN, BLET, and SMART indicate                    association, business, labor union, etc.).
                                               Under 5 U.S.C. 553(c), DOT solicits                     that these schedules have not had an                  Under 5 U.S.C. 553(c), DOT solicits
                                               comments from the public to better                      adverse impact on safety.                             comments from the public to better
                                               inform its processes. DOT posts these                      CN also provided an analysis of the                inform its processes. DOT posts these
                                               comments, without edit, including any                   most current 12-month period of train-                comments, without edit, including any
ethrower on DSK3G9T082PROD with NOTICES




                                               personal information the commenter                      employee on-duty human factor-related                 personal information the commenter
                                               provides, to www.regulations.gov, as                    accidents and injuries. CN indicates that             provides, to www.regulations.gov, as
                                               described in the system of records                      its analyses revealed that of the 13                  described in the system of records
                                               notice (DOT/ALL–14 FDMS), which can                     human factor-related accidents                        notice (DOT/ALL–14 FDMS), which can
                                               be reviewed at https://                                 involving CN employees in the                         be reviewed at https://
                                               www.transportation.gov/privacy. See                     preceding 12 months, none involved                    www.transportation.gov/privacy. See
                                               also https://www.regulations.gov/                       employees covered under the waiver                    also https://www.regulations.gov/


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                                               49698                       Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices

                                               privacyNotice for the privacy notice of                 scheduling a public hearing in                        ACTION:    Notice.
                                               regulations.gov.                                        connection with these proceedings since
                                                                                                       the facts do not appear to warrant a                  SUMMARY:   The Department of the
                                               Robert C. Lauby,                                                                                              Treasury’s Office of Foreign Assets
                                                                                                       hearing. If any interested parties desire
                                               Associate Administrator for Railroad Safety,            an opportunity for oral comment, they                 Control (OFAC) has removed from the
                                               Chief Safety Officer.                                                                                         Specially Designated Nationals and
                                                                                                       should notify FRA, in writing, before
                                               [FR Doc. 2017–23235 Filed 10–25–17; 8:45 am]
                                                                                                       the end of the comment period and                     Blocked Persons List (SDN List) the
                                               BILLING CODE 4910–06–P                                  specify the basis for their request.                  names of persons whose property and
                                                                                                         All communications concerning these                 interests in property had been blocked
                                                                                                       proceedings should identify the                       pursuant to Sudan sanctions authorities.
                                               DEPARTMENT OF TRANSPORTATION                                                                                  DATES: OFAC’s action described in this
                                                                                                       appropriate docket number and may be
                                                                                                       submitted by any of the following                     notice was taken on October 12, 2017.
                                               Federal Railroad Administration
                                                                                                       methods:                                              FOR FURTHER INFORMATION CONTACT:
                                               [Docket Number FRA–2003–15196]                            • Web site: http://                                 OFAC: Associate Director for Global
                                                                                                       www.regulations.gov. Follow the online                Targeting, tel.: 202–622–2420; Assistant
                                               Petition for Waiver of Compliance                       instructions for submitting comments.                 Director for Sanctions Compliance &
                                                  Under part 211 of Title 49 of the Code                 • Fax: 202–493–2251.                                Evaluation, tel.: 202–622–2490;
                                               of Federal Regulations (CFR), this                        • Mail: Docket Operations Facility,                 Assistant Director for Licensing, tel.:
                                               provides the public notice that on                      U.S. Department of Transportation, 1200               202–622–2480; or the Department of the
                                               September 27, 2017, New Jersey Transit                  New Jersey Avenue SE., W12–140,                       Treasury’s Office of the General
                                               (NJT) petitioned the Federal Railroad                   Washington, DC 20590.                                 Counsel: Office of the Chief Counsel
                                               Administration (FRA) for an extension                     • Hand Delivery: 1200 New Jersey                    (Foreign Assets Control), tel.: 202–622–
                                               of a waiver of compliance from certain                  Avenue SE., Room W12–140,                             2410.
                                               provisions of the Federal railroad safety               Washington, DC 20590, between 9 a.m.                  SUPPLEMENTARY INFORMATION:
                                               regulations contained at 49 CFR part                    and 5 p.m., Monday through Friday,                    Electronic Availability
                                               213, Track Safety Standards. The docket                 except Federal Holidays.
                                                                                                         Communications received by                             The Specially Designated Nationals
                                               number associated with this petition is
                                                                                                       December 11, 2017 will be considered                  and Blocked Persons List and additional
                                               FRA–2003–15196.
                                                                                                       by FRA before final action is taken.                  information concerning OFAC sanctions
                                                  NJT seeks an extension of its existing
                                                                                                       Comments received after that date will                programs are available on OFAC’s Web
                                               waiver from 49 CFR 213.233(c), relating
                                                                                                       be considered if practicable.                         site (www.treasury.gov/ofac).
                                               to the frequency of the required visual
                                               track inspections for FRA Class 3 and 4                   Anyone can search the electronic                    Notice of OFAC Action(s)
                                               track carrying passenger traffic. FRA                   form of any written communications
                                                                                                                                                                Effective October 12, 2017, sections 1
                                               issued the initial waiver that granted                  and comments received into any of our
                                                                                                                                                             and 2 of Executive Order (E.O.) 13067
                                               NJT relief on August 25, 1999 (FRA                      dockets by the name of the individual
                                                                                                                                                             of November 3, 1997, ‘‘Blocking
                                               Docket No. RST–97–5), and FRA                           submitting the comment (or signing the
                                                                                                                                                             Sudanese Government Property and
                                               extended the waiver on April 28, 2003,                  document, if submitted on behalf of an
                                                                                                                                                             Prohibiting Transactions With Sudan’’
                                               May 1, 2008, and December 17, 2012 for                  association, business, labor union, etc.).
                                                                                                                                                             and all of E.O. 13412 of October 13,
                                               three 5-year periods.                                   Under 5 U.S.C. 553(c), DOT solicits
                                                                                                                                                             2006, ‘‘Blocking Property of and
                                                  NJT requests an extension of its                     comments from the public to better
                                                                                                                                                             Prohibiting Transactions With the
                                               waiver for reduced frequency of                         inform its processes. DOT posts these
                                                                                                                                                             Government of Sudan’’ were revoked,
                                               required visual track inspections                       comments, without edit, including any
                                                                                                                                                             pursuant to E.O. 13761 of January 13,
                                               specifically for those tracks constructed               personal information the commenter
                                                                                                                                                             2017, ‘‘Recognizing Positive Actions by
                                               with continuous welded rail. NJT                        provides, to www.regulations.gov, as
                                                                                                                                                             the Government of Sudan and Providing
                                               proposes to conduct one visual track                    described in the system of records
                                                                                                                                                             for the Revocation of Certain Sudan-
                                               inspection per week, instead of the two                 notice (DOT/ALL–14 FDMS), which can
                                                                                                                                                             Related Sanctions,’’ as amended by E.O.
                                               inspections per week that are required                  be reviewed at https://
                                                                                                                                                             13804 of July 11, 2017, ‘‘Allowing
                                               in 49 CFR part 213, and to supplement                   www.transportation.gov/privacy. See
                                                                                                                                                             Additional Time for Recognizing
                                               its visual inspections with the operation               also https://www.regulations.gov/
                                                                                                                                                             Positive Actions by the Government of
                                               of an automated track geometry                          privacyNotice for the privacy notice of
                                                                                                                                                             Sudan and Amending Executive Order
                                               measuring vehicle over the affected                     regulations.gov.
                                                                                                                                                             13761.’’
                                               main tracks and sidings four times per                  Robert C. Lauby,                                         Sections 1 and 2 of E.O. 13067 and
                                               year.                                                   Associate Administrator for Railroad Safety,          E.O. 13412 blocked the property of the
                                                  A copy of the petition, as well as any               Chief Safety Officer.                                 Government of Sudan and generally
                                               written communications concerning the                   [FR Doc. 2017–23234 Filed 10–25–17; 8:45 am]          prohibited U.S. persons from engaging
                                               petition, is available for review online at                                                                   in transactions with Sudan and the
                                                                                                       BILLING CODE 4910–06–P
                                               www.regulations.gov and in person at                                                                          Government of Sudan. As a result of the
                                               the Department of Transportation’s                                                                            revocation of these sanctions provisions,
                                               Docket Operations Facility, 1200 New                                                                          effective October 12, 2017, the
                                               Jersey Ave. SE., W12–140, Washington,                   DEPARTMENT OF THE TREASURY
                                                                                                                                                             individuals and entities listed below are
                                               DC 20590. The Docket Operations                                                                               no longer subject to the blocking
ethrower on DSK3G9T082PROD with NOTICES




                                               Facility is open from 9 a.m. to 5 p.m.,                 Office of Foreign Assets Control
                                                                                                                                                             provisions in E.O. 13067 and E.O.
                                               Monday through Friday, except Federal                   Sanctions Action Pursuant to                          13412, and therefore were removed from
                                               Holidays.                                               Executive Order 13067 and Executive                   the SDN List.
                                                  Interested parties are invited to                    Order 13412
                                               participate in these proceedings by                                                                           Entities
                                               submitting written views, data, or                      AGENCY:  Office of Foreign Assets                       1. ACCOUNTS & ELECTRONICS
                                               comments. FRA does not anticipate                       Control, Treasury.                                    EQUIPMENTS (a.k.a. ACCOUNTS AND



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Document Created: 2018-10-25 10:13:02
Document Modified: 2018-10-25 10:13:02
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 49697 

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