82_FR_52987 82 FR 52769 - Petition for Waiver of Compliance

82 FR 52769 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range52769-52770
FR Document2017-24560

Federal Register, Volume 82 Issue 218 (Tuesday, November 14, 2017) 
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Pages 52769-52770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24560]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0116]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on November 1, 2017, BNSF 
Railway (BNSF) petitioned the Federal Railroad Administration (FRA) for 
a waiver of compliance from certain

[[Page 52770]]

provisions of the Federal railroad safety regulations contained at 
Title 49 Code of Federal Regulations (CFR) part 231. FRA assigned the 
petition Docket Number FRA-2017-0116.
    Pursuant to 49 CFR 231.35, BNSF seeks relief from AAR Standard S-
2044, Appendix D1, the approved industry standard for safety appliances 
for flatcars with full decks. BNSF requests permission to alter Boeing 
aircraft fuselage flatcars and idler cars by modifying the transverse 
end and side handhold arrangement at the BL and AR corners of the 
flatcars. In order to transport the aircraft fuselages safely, the BR 
and AL side and end handholds will be positioned six (6) inches above 
the deck of the flatcar which will allow employees to safely utilize 
the handholds. BNSF states that ergonomic analysis of this arrangement 
indicates this modification does not compromise rail safety.
    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 about 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 January 3, 2018, 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.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-24560 Filed 11-13-17; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices 52769 2017 through 11:59 p.m., November 14, Issued on: November 2, 2017. an opportunity for oral comment, they 2022. Daphne Y. Jefferson, should notify FRA, in writing, before Deputy Administrator. the end of the comment period and Extent of the Exemption [FR Doc. 2017–24599 Filed 11–13–17; 8:45 am] specify the basis for their request. This exemption is limited strictly to All communications concerning these BILLING CODE 4910–EX–P the provisions of 49 CFR 395.1(e)(1) proceedings should identify the (Short haul operations; 100 air-mile appropriate docket number and may be radius driver). These drivers must DEPARTMENT OF TRANSPORTATION submitted by any of the following comply with all other applicable methods: provisions of the FMCSRs. Federal Railroad Administration • Web site: http:// Preemption [Docket Number FRA–2017–0111] www.regulations.gov. Follow the online instructions for submitting comments. In accordance with 49 U.S.C. • Fax: 202–493–2251. 31315(d), as implemented by 49 CFR Notice of Application for Approval To Discontinue or Modify a Railroad • Mail: Docket Operations Facility, 381.600, during the period this U.S. Department of Transportation, 1200 exemption is in effect, no State shall Signal System New Jersey Avenue SE., W12–140, enforce any law or regulation applicable Under part 235 of Title 49 of the Code Washington, DC 20590. to interstate commerce that conflicts of Federal Regulations (CFR) and 49 • Hand Delivery: 1200 New Jersey with or is inconsistent with this U.S.C. 20502(a), this provides the public Avenue SE., Room W12–140, exemption with respect to a firm or notice that on September 20, 2017, the Washington, DC 20590, between 9 a.m. person operating under the exemption. Union Pacific Railroad (UP) petitioned and 5 p.m., Monday through Friday, States may, but are not required to, the Federal Railroad Administration except Federal Holidays. adopt the same exemption with respect (FRA) seeking approval to discontinue Communications received by to operations in intrastate commerce. or modify a signal system. FRA assigned December 29, 2017 will be considered Notification to FMCSA the petition Docket Number FRA–2017– by FRA before final action is taken. 0111. Comments received after that date will Under this exemption, RDS must notify FMCSA within 5 business days of Applicant: Union Pacific Railroad, Mr. be considered if practicable. any accident (as defined in 49 CFR Kevin D. Hicks, AVP Engineering— Anyone can search the electronic 390.5), involving any of the motor Design, 1400 Douglas Street, MS 0910, form of any written communications carrier’s drivers operating under the Omaha, NE 68179 and comments received into any of our terms of this exemption. The Union Pacific seeks to discontinue the dockets by the name of the individual notification must include the following automatic block signals (ABS) on the submitting the comment (or signing the information: Utah Service Unit, Montana document, if submitted on behalf of an (a) Identity of Exemption: ‘‘RDS’’ Subdivision, in the cities of Pocatello, association, business, labor union, etc.). (b) Date of the accident, Chubbuck, Fort Hall, Blackfoot, Firth, Under 5 U.S.C. 553(c), DOT solicits (c) City or town, and State, in which Shelley and Idaho Falls in the state of comments from the public to better the accident occurred, or closest to the Idaho. inform its processes. DOT posts these accident scene, There are 43 active Highway-Rail comments, without edit, including any (d) Driver’s name and license number, Grade Crossings and 2 hot-box and personal information the commenter (e) Co-driver’s name and license dragging equipment detectors in the provides, to www.regulations.gov, as number, area which will remain as currently described in the system of records (f) Vehicle number and State license installed. notice (DOT/ALL–14 FDMS), which can number, The reason for the discontinuance of be reviewed at https:// (g) Number of individuals suffering the ABS is that the condition of the www.transportation.gov/privacy. See physical injury, signal system would require complete also https://www.regulations.gov/ (h) Number of fatalities, privacyNotice for the privacy notice of (i) The police-reported cause of the replacement to avert safety issues and FRA defects, and the amount of traffic regulations.gov. accident, (j) Whether the driver was cited for on the subdivision does not warrant the Robert C. Lauby, violation of any traffic laws, motor cost of replacement. Associate Administrator for Safety, Chief carrier safety regulations, and A copy of the petition, as well as any Safety Officer. (k) The total driving time and total on- written communications concerning the [FR Doc. 2017–24559 Filed 11–13–17; 8:45 am] duty time of the CMV driver prior to the petition, is available for review online at BILLING CODE 4910–06–P accident. www.regulations.gov and in person at Accident notifications shall be the U.S. Department of Transportation’s emailed to MCPSD@dot.gov. Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION Jersey Avenue SE., W12–140, Termination Washington, DC 20590. The Docket Federal Railroad Administration FMCSA believes that RDS’ drivers Operations Facility is open from 9 a.m. will continue to maintain their previous to 5 p.m., Monday through Friday, [Docket Number FRA–2017–0116] safety record while operating under this except Federal Holidays. Petition for Waiver of Compliance exemption. However, should problems Interested parties are invited to ethrower on DSK3G9T082PROD with NOTICES occur, FMCSA will take all steps participate in these proceedings by Under part 211 of Title 49 Code of necessary to protect the public interest, submitting written views, data, or Federal Regulations (CFR), this including revocation or restriction of the comments. FRA does not anticipate document provides the public notice exemption. FMCSA will immediately scheduling a public hearing in that on November 1, 2017, BNSF revoke or restrict the exemption for connection with these proceedings since Railway (BNSF) petitioned the Federal failure to comply with its terms and the facts do not appear to warrant a Railroad Administration (FRA) for a conditions. hearing. If any interested parties desire waiver of compliance from certain VerDate Sep<11>2014 16:27 Nov 13, 2017 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

52770 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices provisions of the Federal railroad safety received after that date will be inspection and copying at the above regulations contained at Title 49 Code of considered if practicable. address between 10:00 a.m. and 5:00 Federal Regulations (CFR) part 231. FRA Anyone can search the electronic p.m., Monday through Friday, except assigned the petition Docket Number form of any written communications federal holidays. An electronic version FRA–2017–0116. and comments received into any of our of this document and all documents Pursuant to 49 CFR 231.35, BNSF dockets by the name of the individual entered into this docket is available at seeks relief from AAR Standard S–2044, submitting the comment (or signing the http://www.regulations.gov. Appendix D1, the approved industry document, if submitted on behalf of an FOR FURTHER INFORMATION CONTACT: standard for safety appliances for association, business, labor union, etc.). Bianca Carr, U.S. Department of flatcars with full decks. BNSF requests Under 5 U.S.C. 553(c), DOT solicits Transportation, Maritime permission to alter Boeing aircraft comments from the public to better Administration, 1200 New Jersey fuselage flatcars and idler cars by inform its processes. DOT posts these Avenue SE., Room W23–453, modifying the transverse end and side comments, without edit, including any Washington, DC 20590. Telephone 202– handhold arrangement at the BL and AR personal information the commenter 366–9309, Email Bianca.carr@dot.gov. corners of the flatcars. In order to provides, to www.regulations.gov, as SUPPLEMENTARY INFORMATION: As transport the aircraft fuselages safely, described in the system of records described by the applicant the intended the BR and AL side and end handholds notice (DOT/ALL–14 FDMS), which can service of the vessel THE SPACE will be positioned six (6) inches above be reviewed at https:// BETWEEN is: the deck of the flatcar which will allow www.transportation.gov/privacy. See —Intended Commercial Use of Vessel: 6 employees to safely utilize the also https://www.regulations.gov/ pack sailing charter handholds. BNSF states that ergonomic privacyNotice for the privacy notice of —Geographic Region: ‘‘Florida, Georgia, analysis of this arrangement indicates regulations.gov. North Carolina, South Carolina, this modification does not compromise Issued in Washington, DC. Virginia, Delaware, New Jersey, New rail safety. Robert C. Lauby, York, Connecticut, Massachusetts, A copy of the petition, as well as any Associate Administrator for Railroad Safety, New Hampshire and Maine ’’ written communications concerning the Chief Safety Officer. The complete application is given in petition, is available for review online at [FR Doc. 2017–24560 Filed 11–13–17; 8:45 am] DOT docket MARAD–2017–0182 at www.regulations.gov and in person at http://www.regulations.gov. Interested BILLING CODE 4910–06–P the U.S. Department of Transportation’s parties may comment on the effect this (DOT) Docket Operations Facility, 1200 action may have on U.S. vessel builders New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION or businesses in the U.S. that use U.S.- Washington, DC 20590. The Docket flag vessels. If MARAD determines, in Operations Facility is open from 9 a.m. Maritime Administration accordance with 46 U.S.C. 12121 and to 5 p.m., Monday through Friday, MARAD’s regulations at 46 CFR 388, [Docket No. MARAD–2017–0182] except Federal Holidays. that the issuance of the waiver will have Interested parties are invited to Requested Administrative Waiver of an unduly adverse effect on a U.S.- participate in these proceedings by the Coastwise Trade Laws: Vessel THE vessel builder or a business that uses submitting written views, data, or SPACE BETWEEN; Invitation for Public U.S.-flag vessels in that business, a comments. FRA does not anticipate Comments waiver will not be granted. Comments scheduling a public hearing about these should refer to the docket number of proceedings since the facts do not AGENCY: Maritime Administration, DOT. this notice and the vessel name in order appear to warrant a hearing. If any ACTION: Notice. for MARAD to properly consider the interested parties desire an opportunity comments. Comments should also state for oral comment and a public hearing, SUMMARY: The Secretary of the commenter’s interest in the waiver they should notify FRA, in writing, Transportation, as represented by the application, and address the waiver before the end of the comment period Maritime Administration (MARAD), is criteria given in § 388.4 of MARAD’s and specify the basis for their request. authorized to grant waivers of the U.S.- regulations at 46 CFR 388. All communications concerning these build requirement of the coastwise laws proceedings should identify the under certain circumstances. A request Privacy Act appropriate docket number and may be for such a waiver has been received by In accordance with 5 U.S.C. 553(c), submitted by any of the following MARAD. The vessel, and a brief DOT/MARAD solicits comments from methods: description of the proposed service, is the public to better inform its • Web site: http:// listed below. rulemaking process. DOT/MARAD posts www.regulations.gov. Follow the online DATES: Submit comments on or before these comments, without edit, to instructions for submitting comments. December 14, 2017. www.regulations.gov, as described in • Fax: 202–493–2251. ADDRESSES: Comments should refer to the system of records notice, DOT/ALL– • Mail: Docket Operations Facility, docket number MARAD–2017–0182. 14 FDMS, accessible through U.S. Department of Transportation, 1200 Written comments may be submitted by www.dot.gov/privacy. In order to New Jersey Avenue SE., W12–140, hand or by mail to the Docket Clerk, facilitate comment tracking and Washington, DC 20590. U.S. Department of Transportation, response, we encourage commenters to • Hand Delivery: 1200 New Jersey Docket Operations, M–30, West provide their name, or the name of their ethrower on DSK3G9T082PROD with NOTICES Avenue SE., Room W12–140, Building Ground Floor, Room W12–140, organization; however, submission of Washington, DC 20590, between 9 a.m. 1200 New Jersey Avenue SE., names is completely optional. Whether and 5 p.m., Monday through Friday, Washington, DC 20590. You may also or not commenters identify themselves, except Federal Holidays. send comments electronically via the all timely comments will be fully Communications received by January Internet at http://www.regulations.gov. considered. If you wish to provide 3, 2018, will be considered by FRA All comments will become part of this comments containing proprietary or before final action is taken. Comments docket and will be available for confidential information, please contact VerDate Sep<11>2014 16:27 Nov 13, 2017 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1


Document Created: 2018-10-25 10:32:36
Document Modified: 2018-10-25 10:32:36
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 52769 
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