82_FR_51147 82 FR 50936 - Petition for Waiver of Compliance

82 FR 50936 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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

Page Range50936-50937
FR Document2017-23842

Federal Register, Volume 82 Issue 211 (Thursday, November 2, 2017)
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50936-50937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23842]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0093]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on September 1, 2017, Siemens Rail 
Automation (Siemens) petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR 221.13. FRA assigned 
the petition Docket Number FRA-2017-0093.
    Specifically, Siemens is seeking a waiver of compliance from 49 CFR 
221.13(d), ``Marking Device Display,'' which requires the centroid of 
the marking device be located a minimum of 48 inches above the top of 
the rail. Siemens is currently working on new end-of-train device (EOT) 
models A90385 and A90390 and is proposing the centroid of the marking 
light be located between 42 inches and 48 inches (final exact height to 
be determined) above the rail for both of these new EOT models. Siemens 
states that the reasoning behind this request is that light from the 
marker in the new EOT, which is the same marker used in the current 
Q3920 EOT model, will be perceived equally well by a human observer 
behind the train when the marker is located anywhere between 48 inches 
and 42 inches above the rail.
    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

[[Page 50937]]

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 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. 2017-23842 Filed 11-1-17; 8:45 am]
 BILLING CODE 4910-06-P



                                                    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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                                                                               Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices                                                 50937

                                                    the facts do not appear to warrant a                    letter received on June 9, 2017, Arizona                • Mail: Docket Operations Facility,
                                                    hearing. If any interested parties desire               Eastern Railway (AZER) petitioned the                 U.S. Department of Transportation, 1200
                                                    an opportunity for oral comment and a                   Federal Railroad Administration (FRA)                 New Jersey Avenue SE., W12–140,
                                                    public hearing, they should notify FRA,                 for a waiver of compliance from certain               Washington, DC 20590.
                                                    in writing, before the end of the                       provisions of the Federal railroad safety               • Hand Delivery: 1200 New Jersey
                                                    comment period and specify the basis                    regulations contained at 49 CFR part                  Avenue SE., Room W12–140,
                                                    for their request.                                      232, Brake System Safety Standards for                Washington, DC 20590, between 9 a.m.
                                                      All communications concerning these                   Freight and Other Non-Passenger Trains                and 5 p.m., Monday through Friday,
                                                    proceedings should identify the                         and Equipment; End-of-Train Devices.                  except Federal Holidays.
                                                    appropriate docket number and may be                    FRA assigned the petition Docket                        Communications received by
                                                    submitted by any of the following                       Number FRA–2017–0100.                                 December 18, 2017 will be considered
                                                    methods:                                                   In its petition, AZER requests a                   by FRA before final action is taken.
                                                      • Web site: http://                                   waiver of compliance from the                         Comments received after that date will
                                                    www.regulations.gov. Follow the online                  requirement of 49 CFR 232.215,                        be considered if practicable.
                                                    instructions for submitting comments.                   Transfer train brake tests, at its Clifton              Anyone can search the electronic
                                                      • Fax: 202–493–2251.                                  Yard in Clifton, AZ. AZER currently                   form of any written communications
                                                      • Mail: Docket Operations Facility,                   conducts a transfer train air brake test              and comments received into any of our
                                                    U.S. Department of Transportation, 1200                 after doubling outbound rail cars                     dockets by the name of the individual
                                                    New Jersey Avenue SE., W12–140,                         together at the Clifton Yard. Due to an               submitting the comment (or signing the
                                                    Washington, DC 20590.                                   increase in AZER’s traffic in Clifton,                document, if submitted on behalf of an
                                                      • Hand Delivery: 1200 New Jersey                      train size has increased from 25 to 40                association, business, labor union, etc.).
                                                    Avenue SE., Room W12–140,                               cars, resulting in the blocking of                    In accordance with 5 U.S.C. 553(c), DOT
                                                    Washington, DC 20590, between 9 a.m.                    multiple public grade crossings for an                solicits comments from the public to
                                                    and 5 p.m., Monday through Friday,                      extended period of time while                         better inform its processes. DOT posts
                                                    except Federal Holidays.                                conducting air brake tests. AZER                      these comments, without edit, including
                                                      Communications received by                            proposes to perform a Class III air brake             any personal information the
                                                    December 18, 2017 will be considered                    test per 49 CFR 232.211 on rail cars                  commenter provides, to
                                                    by FRA before final action is taken.                    doubled in Clifton and operate six miles              www.regulations.gov, as described in
                                                    Comments received after that date will                  to the AZER yard at South Siding,                     the system of records notice (DOT/ALL–
                                                    be considered if practicable.                           where the train will be profiled and                  14 FDMS), which can be reviewed at
                                                      Anyone can search the electronic                      receive a Class I air brake test under 49             https://www.transportation.gov/privacy.
                                                    form of any written communications                      CFR 232.205. AZER states its proposal                 See also https://www.regulations.gov/
                                                    and comments received into any of our                   would relieve vehicle congestion on                   privacyNotice for the privacy notice of
                                                    dockets by the name of the individual                   Coronado Blvd. in Clifton, which would                regulations.gov.
                                                    submitting the comment (or signing the                  allow for better emergency access.
                                                    document, if submitted on behalf of an                                                                          Issued in Washington, DC, on October 26,
                                                                                                               A copy of the petition, as well as any
                                                                                                                                                                  2017.
                                                    association, business, labor union, etc.).              written communications concerning the
                                                    Under 5 U.S.C. 553(c), DOT solicits                                                                           John K. Alexy,
                                                                                                            petition, is available for review online at
                                                    comments from the public to better                      www.regulations.gov and in person at                  Director, Office of Safety Analysis.
                                                    inform its processes. DOT posts these                   the U.S. Department of Transportation’s               [FR Doc. 2017–23844 Filed 11–1–17; 8:45 am]
                                                    comments, without edit, including any                   (DOT) Docket Operations Facility, 1200                BILLING CODE 4910–06–P
                                                    personal information the commenter                      New Jersey Avenue SE., W12–140,
                                                    provides, to www.regulations.gov, as                    Washington, DC 20590. The Docket
                                                    described in the system of records                      Operations Facility is open from 9 a.m.               DEPARTMENT OF TRANSPORTATION
                                                    notice (DOT/ALL–14 FDMS), which can                     to 5 p.m., Monday through Friday,
                                                    be reviewed at https://                                                                                       National Highway Traffic Safety
                                                                                                            except Federal Holidays.
                                                    www.transportation.gov/privacy. See                                                                           Administration
                                                                                                               Interested parties are invited to
                                                    also https://www.regulations.gov/                       participate in these proceedings by                   Reports, Forms, and Recordkeeping
                                                    privacyNotice for the privacy notice of                 submitting written views, data, or                    Requirements; Agency Information
                                                    regulations.gov.                                        comments. FRA does not anticipate                     Collection Activity Under OMB Review
                                                      Issued in Washington, DC, on October 26,              scheduling a public hearing in
                                                    2017.                                                   connection with these proceedings since               AGENCY: National Highway Traffic
                                                    John K. Alexy,                                          the facts do not appear to warrant a                  Safety Administration (NHTSA), U.S.
                                                    Director, Office of Safety Analysis.                    hearing. If any interested parties desire             Department of Transportation (DOT).
                                                    [FR Doc. 2017–23842 Filed 11–1–17; 8:45 am]
                                                                                                            an opportunity for oral comment and a                 ACTION: Notice.
                                                                                                            public hearing, they should notify FRA,
                                                    BILLING CODE 4910–06–P
                                                                                                            in writing, before the end of the                     SUMMARY:  In compliance with the
                                                                                                            comment period and specify the basis                  Paperwork Reduction Act of 1995, this
                                                    DEPARTMENT OF TRANSPORTATION                            for their request.                                    notice announces that the Information
                                                                                                               All communications concerning these
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  Collection Request (ICR) abstracted
                                                    Federal Railroad Administration                         proceedings should identify the                       below has been forwarded to the Office
                                                                                                            appropriate docket number and may be                  of Management and Budget (OMB) for
                                                    [Docket Number FRA–2017–0100]                           submitted by any of the following                     review and comment. The ICR describes
                                                                                                            methods:                                              the nature of the information collection
                                                    Petition for Waiver of Compliance
                                                                                                               • Web site: http://                                and its expected burden. The agency did
                                                      Under part 211 of Title 49 Code of                    www.regulations.gov. Follow the online                not receive comments on the Federal
                                                    Federal Regulations (CFR), this provides                instructions for submitting comments.                 Register Notice with a 60-day comment
                                                    the public notice that by an undated                       • Fax: 202–493–2251.                               period published on July 20, 2017.


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Document Created: 2017-11-02 02:41:42
Document Modified: 2017-11-02 02:41:42
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 50936 

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