82_FR_51146 82 FR 50935 - Petition for Waiver of Compliance

82 FR 50935 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 211 (November 2, 2017)

Page Range50935-50936
FR Document2017-23845

Federal Register, Volume 82 Issue 211 (Thursday, November 2, 2017)
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50935-50936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23845]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0104]


Petition for Waiver of Compliance

    Under Part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on October 2, 2017, Caltrain 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 238. FRA assigned the petition Docket Number 
FRA-2017-0104.
    Caltrain operates commuter rail passenger service throughout 
California's Peninsula corridor from San Francisco to Gilroy under the 
auspices of the Peninsula Corridor Joint Powers Board (JPB). In this 
petition, Caltrain seeks a waiver of compliance from a portion of 49 
CFR 238.113(a)(2), Emergency window exits, for the Caltrain Electric 
Multiple Unit (EMU) restroom car. The Americans With Disabilities Act 
(ADA)-compliant restroom facility extends from the exterior side door 
to nearly the centerline of the car, thus precluding the placement of 
the emergency window exit in this quadrant of the car in the lower main 
level. Caltrain believes the intent of the emergency window requirement 
is met, since the position of the window provides the closest practical 
fulfillment of the location requirements, without otherwise 
compromising access to either the emergency window exit or the ADA 
restroom facility. Additionally, passengers have ready access to the 
exterior side door with a clear opening of 51 inches. However, since 
the design does not meet the literal interpretation of ``each end 
(half) of the car,'' Caltrain is requesting a waiver of this 
requirement for this restroom car.
    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 18, 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

[[Page 50936]]

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.

    Issued in Washington, DC, on October 26, 2017.
John K. Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-23845 Filed 11-1-17; 8:45 am]
 BILLING CODE 4910-06-P



                                                                               Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices                                            50935

                                                    stand-alone dedicated RailRunner®-only                    Anyone can search the electronic                    compromising access to either the
                                                    trains, and the operation of RailRunner®                form of any written communications                    emergency window exit or the ADA
                                                    equipment commingled with                               and comments received into any of our                 restroom facility. Additionally,
                                                    RoadRailer® trains/equipment. CSX has                   dockets by the name of the individual                 passengers have ready access to the
                                                    not operated RailRunner® equipment in                   submitting the comment (or signing the                exterior side door with a clear opening
                                                    any capacity to date, but is requesting                 document, if submitted on behalf of an                of 51 inches. However, since the design
                                                    renewal of this waiver should an                        association, business, labor union, etc.).            does not meet the literal interpretation
                                                    operations opportunity be presented. In                 Under 5 U.S.C. 553(c), DOT solicits                   of ‘‘each end (half) of the car,’’ Caltrain
                                                    order to operate RailRunner®                            comments from the public to better                    is requesting a waiver of this
                                                    equipment, CSX seeks relief from                        inform its processes. DOT posts these                 requirement for this restroom car.
                                                    provisions of the Railroad Safety                       comments, without edit, including any                    A copy of the petition, as well as any
                                                    Appliance Standards in 49 CFR part 231                  personal information the commenter                    written communications concerning the
                                                    that stipulate the number, location, and                provides, to www.regulations.gov, as                  petition, is available for review online at
                                                    dimensions for handholds, ladders, sill                 described in the system of records                    www.regulations.gov and in person at
                                                    steps, uncoupling levers, and                           notice (DOT/ALL–14 FDMS), which can                   the U.S. Department of Transportation’s
                                                    handbrakes. CSX also seeks relief from                  be reviewed at https://                               (DOT) Docket Operations Facility, 1200
                                                    49 CFR 231.1, which sets the standard                   www.transportation.gov/privacy. See                   New Jersey Avenue SE., W12–140,
                                                    height for drawbars. CSX states that this               also https://www.regulations.gov/                     Washington, DC 20590. The Docket
                                                    relief is necessary to allow it to operate              privacyNotice for the privacy notice of               Operations Facility is open from 9 a.m.
                                                    and commingle the RoadRailer® and                       regulations.gov.                                      to 5 p.m., Monday through Friday,
                                                    RailRunner® equipment on dedicated                                                                            except Federal Holidays.
                                                                                                              Issued in Washington, DC, on October 26,
                                                    trains. A copy of the petition, as well as              2017.
                                                                                                                                                                     Interested parties are invited to
                                                    any written communications concerning                                                                         participate in these proceedings by
                                                                                                            John K. Alexy,
                                                    the petition, is available for review                                                                         submitting written views, data, or
                                                    online at www.regulations.gov and in                    Director, Office of Safety Analysis.                  comments. FRA does not anticipate
                                                    person at the U.S. Department of                        [FR Doc. 2017–23841 Filed 11–1–17; 8:45 am]           scheduling a public hearing in
                                                    Transportation’s (DOT) Docket                           BILLING CODE 4910–06–P                                connection with these proceedings since
                                                    Operations Facility, 1200 New Jersey                                                                          the facts do not appear to warrant a
                                                    Avenue SE., W12–140, Washington, DC                                                                           hearing. If any interested parties desire
                                                    20590. The Docket Operations Facility                   DEPARTMENT OF TRANSPORTATION                          an opportunity for oral comment and a
                                                    is open from 9 a.m. to 5 p.m., Monday                                                                         public hearing, they should notify FRA,
                                                                                                            Federal Railroad Administration
                                                    through Friday, except Federal                                                                                in writing, before the end of the
                                                    Holidays.                                               [Docket Number FRA–2017–0104]                         comment period and specify the basis
                                                       Interested parties are invited to                                                                          for their request.
                                                    participate in these proceedings by                     Petition for Waiver of Compliance                        All communications concerning these
                                                    submitting written views, data, or                                                                            proceedings should identify the
                                                                                                              Under Part 211 of Title 49 Code of
                                                    comments. FRA does not anticipate                                                                             appropriate docket number and may be
                                                                                                            Federal Regulations (CFR), this provides
                                                    scheduling a public hearing in                                                                                submitted by any of the following
                                                                                                            the public notice that on October 2,
                                                    connection with these proceedings since                                                                       methods:
                                                                                                            2017, Caltrain petitioned the Federal                    • Web site: http://
                                                    the facts do not appear to warrant a
                                                                                                            Railroad Administration (FRA) for a                   www.regulations.gov. Follow the online
                                                    hearing. If any interested parties desire
                                                                                                            waiver of compliance from certain                     instructions for submitting comments.
                                                    an opportunity for oral comment and a
                                                                                                            provisions of the Federal railroad safety                • Fax: 202–493–2251.
                                                    public hearing, they should notify FRA,
                                                    in writing, before the end of the
                                                                                                            regulations contained at 49 CFR part                     • Mail: Docket Operations Facility,
                                                                                                            238. FRA assigned the petition Docket                 U.S. Department of Transportation, 1200
                                                    comment period and specify the basis
                                                                                                            Number FRA–2017–0104.                                 New Jersey Avenue SE., W12–140,
                                                    for their request.
                                                       All communications concerning these                    Caltrain operates commuter rail                     Washington, DC 20590.
                                                    proceedings should identify the                         passenger service throughout                             • Hand Delivery: 1200 New Jersey
                                                    appropriate docket number and may be                    California’s Peninsula corridor from San              Avenue SE., Room W12–140,
                                                    submitted by any of the following                       Francisco to Gilroy under the auspices                Washington, DC 20590, between 9 a.m.
                                                    methods:                                                of the Peninsula Corridor Joint Powers                and 5 p.m., Monday through Friday,
                                                       • Web site: http://                                  Board (JPB). In this petition, Caltrain               except Federal Holidays.
                                                    www.regulations.gov. Follow the online                  seeks a waiver of compliance from a                      Communications received by
                                                    instructions for submitting comments.                   portion of 49 CFR 238.113(a)(2),                      December 18, 2017 will be considered
                                                       • Fax: 202–493–2251.                                 Emergency window exits, for the                       by FRA before final action is taken.
                                                       • Mail: Docket Operations Facility,                  Caltrain Electric Multiple Unit (EMU)                 Comments received after that date will
                                                    U.S. Department of Transportation, 1200                 restroom car. The Americans With                      be considered if practicable.
                                                    New Jersey Avenue SE., W12–140,                         Disabilities Act (ADA)-compliant                         Anyone can search the electronic
                                                    Washington, DC 20590.                                   restroom facility extends from the                    form of any written communications
                                                       • Hand Delivery: 1200 New Jersey                     exterior side door to nearly the                      and comments received into any of our
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Avenue SE., Room W12–140,                               centerline of the car, thus precluding                dockets by the name of the individual
                                                    Washington, DC 20590, between 9 a.m.                    the placement of the emergency window                 submitting the comment (or signing the
                                                    and 5 p.m., Monday through Friday,                      exit in this quadrant of the car in the               document, if submitted on behalf of an
                                                    except Federal Holidays.                                lower main level. Caltrain believes the               association, business, labor union, etc.).
                                                       Communications received December                     intent of the emergency window                        Under 5 U.S.C. 553(c), DOT solicits
                                                    18, 2017 will be considered by FRA                      requirement is met, since the position of             comments from the public to better
                                                    before final action is taken. Comments                  the window provides the closest                       inform its processes. DOT posts these
                                                    received after that date will be                        practical fulfillment of the location                 comments, without edit, including any
                                                    considered if practicable.                              requirements, without otherwise                       personal information the commenter


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                                                    50936                      Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices

                                                    provides, to www.regulations.gov, as                    relief from 49 CFR 231.1(k). Namely, the              www.transportation.gov/privacy. See
                                                    described in the system of records                      waiver will help prevent unintentional                also https://www.regulations.gov/
                                                    notice (DOT/ALL–14 FDMS), which can                     train uncoupling during these                         privacyNotice for the privacy notice of
                                                    be reviewed at https://                                 operations and the resulting potential                regulations.gov.
                                                    www.transportation.gov/privacy. See                     employee injuries and damage to rail                    Issued in Washington, DC.
                                                    also https://www.regulations.gov/                       structure and road bed.
                                                                                                                                                                  John K. Alexy,
                                                    privacyNotice for the privacy notice of                    A copy of the petition, as well as any
                                                                                                            written communications concerning the                 Director, Office of Safety Analysis.
                                                    regulations.gov.
                                                                                                            petition, is available for review online at           [FR Doc. 2017–23840 Filed 11–1–17; 8:45 am]
                                                      Issued in Washington, DC, on October 26,
                                                    2017.                                                   www.regulations.gov and in person at                  BILLING CODE 4910–06–P
                                                                                                            the U.S. Department of Transportation’s
                                                    John K. Alexy,
                                                                                                            (DOT) Docket Operations Facility, 1200
                                                    Director, Office of Safety Analysis.                                                                          DEPARTMENT OF TRANSPORTATION
                                                                                                            New Jersey Avenue SE., W12–140,
                                                    [FR Doc. 2017–23845 Filed 11–1–17; 8:45 am]             Washington, DC 20590. The Docket
                                                                                                                                                                  Federal Railroad Administration
                                                    BILLING CODE 4910–06–P                                  Operations Facility is open from 9 a.m.
                                                                                                            to 5 p.m., Monday through Friday,                     [Docket Number FRA–2017–0093]
                                                                                                            except Federal Holidays.
                                                    DEPARTMENT OF TRANSPORTATION                               Interested parties are invited to                  Petition for Waiver of Compliance
                                                                                                            participate in these proceedings by                     Under part 211 of Title 49 Code of
                                                    Federal Railroad Administration
                                                                                                            submitting written views, data, or                    Federal Regulations (CFR), this provides
                                                    [Docket Number FRA–2008–0029]                           comments. FRA does not anticipate                     the public notice that on September 1,
                                                                                                            scheduling a public hearing in                        2017, Siemens Rail Automation
                                                    Petition for Waiver of Compliance                       connection with these proceedings since               (Siemens) petitioned the Federal
                                                       Under part 211 of Title 49 Code of                   the facts do not appear to warrant a                  Railroad Administration (FRA) for a
                                                    Federal Regulations (CFR), this provides                hearing. If any interested parties desire             waiver of compliance from certain
                                                    the public notice that on October 9,                    an opportunity for oral comment and a                 provisions of the Federal railroad safety
                                                    2017, Norfolk Southern Corporation                      public hearing, they should notify FRA,               regulations contained at 49 CFR 221.13.
                                                    (NS) petitioned the Federal Railroad                    in writing, before the end of the                     FRA assigned the petition Docket
                                                    Administration (FRA) for a waiver of                    comment period and specify the basis                  Number FRA–2017–0093.
                                                    compliance from certain provisions of                   for their request.                                      Specifically, Siemens is seeking a
                                                                                                               All communications concerning these
                                                    the Federal railroad safety regulations                                                                       waiver of compliance from 49 CFR
                                                                                                            proceedings should identify the
                                                    contained at 49 CFR part 231, Railroad                                                                        221.13(d), ‘‘Marking Device Display,’’
                                                                                                            appropriate docket number and may be
                                                    Safety Appliance Standards. FRA                                                                               which requires the centroid of the
                                                                                                            submitted by any of the following
                                                    assigned the petition Docket Number                                                                           marking device be located a minimum
                                                                                                            methods:
                                                    FRA–2008–0029.                                             • Web site: http://                                of 48 inches above the top of the rail.
                                                       Specifically, NS is seeking a renewal                www.regulations.gov. Follow the online                Siemens is currently working on new
                                                    of its waiver of compliance from 49 CFR                 instructions for submitting comments.                 end-of-train device (EOT) models
                                                    231.1(k) which are the requirements for                    • Fax: 202–493–2251.                               A90385 and A90390 and is proposing
                                                    uncoupling levers for box and other                        • Mail: Docket Operations Facility,                the centroid of the marking light be
                                                    house cars built or placed in service                   U.S. Department of Transportation, 1200               located between 42 inches and 48
                                                    before October 1, 1966. NS seeks this                   New Jersey Avenue SE., W12–140,                       inches (final exact height to be
                                                    waiver for its Rail Train service, which                Washington, DC 20590.                                 determined) above the rail for both of
                                                    is non-revenue service operated by NS                      • Hand Delivery: 1200 New Jersey                   these new EOT models. Siemens states
                                                    to deliver sections of continuously                     Avenue SE., Room W12–140,                             that the reasoning behind this request is
                                                    welded rail to rail gangs replacing rail                Washington, DC 20590, between 9 a.m.                  that light from the marker in the new
                                                    throughout the NS system. This                          and 5 p.m., Monday through Friday,                    EOT, which is the same marker used in
                                                    equipment has the sole purpose of                       except Federal Holidays.                              the current Q3920 EOT model, will be
                                                    hauling welded rail sections spanning                      Communications received by                         perceived equally well by a human
                                                    from car to car throughout the train.                   December 18, 2017 will be considered                  observer behind the train when the
                                                    Sections of welded rail span several cars               by FRA before final action is taken.                  marker is located anywhere between 48
                                                    at once and the cars serve as a                         Comments received after that date will                inches and 42 inches above the rail.
                                                    continuous support for the sections of                  be considered if practicable.                           A copy of the petition, as well as any
                                                    rail while in transit and at the work site.                Anyone can search the electronic                   written communications concerning the
                                                       NS requests approval to operate all                  form of any written communications                    petition, is available for review online at
                                                    Rail Trains with uncoupling levers                      and comments received into any of our                 www.regulations.gov and in person at
                                                    removed from both ends of the rail cars                 dockets by the name of the individual                 the U.S. Department of Transportation’s
                                                    that are coupled to one another in this                 submitting the comment (or signing the                (DOT) Docket Operations Facility, 1200
                                                    train service. These trains operate only                document, if submitted on behalf of an                New Jersey Avenue SE., W12–140,
                                                    on NS property in Maintenance of Way                    association, business, labor union, etc.).            Washington, DC 20590. The Docket
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    service and are not operated in revenue                 Under 5 U.S.C. 553(c), DOT solicits                   Operations Facility is open from 9 a.m.
                                                    service, nor are they offered to other                  comments from the public to better                    to 5 p.m., Monday through Friday,
                                                    carriers in interchange. NS states that its             inform its processes. DOT posts these                 except Federal Holidays.
                                                    process of uncoupling cars allows for                   comments, without edit, including any                   Interested parties are invited to
                                                    safe uncoupling through utilization of                  personal information the commenter                    participate in these proceedings by
                                                    Mechanical Department personnel                         provides, to www.regulations.gov, as                  submitting written views, data, or
                                                    under Blue Flag Protection.                             described in the system of records                    comments. FRA does not anticipate
                                                    Additionally, NS states that there are                  notice (DOT/ALL–14 FDMS), which can                   scheduling a public hearing in
                                                    safety benefits to be gained in granting                be reviewed at https://                               connection with these proceedings since


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Document Created: 2017-11-02 02:41:20
Document Modified: 2017-11-02 02:41:20
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 50935 

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