82_FR_56143 82 FR 55918 - Petition for Waiver of Compliance

82 FR 55918 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 225 (November 24, 2017)

Page Range55918-55919
FR Document2017-25364

Federal Register, Volume 82 Issue 225 (Friday, November 24, 2017)
[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55918-55919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25364]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0119]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on November 3, 2017, TEX Rail 
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 236. FRA assigned the petition 
Docket Number FRA-2017-0119.
    Specifically, TEX Rail seeks temporary relief from the requirements 
of 49 CFR 236.0(c)(2) which requires a compliant block signal system at 
locations where passenger trains will operate at a speed of 60 or more 
miles per hour, unless an FRA-approved PTC system is installed. TEX 
Rail faces schedule constraints which preclude the complete 
installation of this system prior to the receipt of its fleet of new 
Stadler FLIRT Diesel Multiple Units, (DMUs), which will be used to 
provide commuter rail service over this railroad. TEX Rail's CTC and I-
ETMS systems will not be in service by February 2018, when TEX Rail 
contractually must begin pre-revenue service acceptance testing of its 
new DMU fleet.
    Therefore, TEX Rail requests a waiver to perform pre-revenue 
service testing of its new fleet of FLIRT DMUs at a speed of 60 to 70 
miles per hour (MAS) utilizing a 24.5-mile segment of track described 
in Appendix ``A'' to this petition. TEX Rail requests permission to 
perform testing under this waiver until the CTC and I-ETMS systems are 
functioning in compliance with FRA regulations.
    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.

[[Page 55919]]

     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 8, 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. 2017-25364 Filed 11-22-17; 8:45 am]
BILLING CODE 4910-06-P



                                                55918                       Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices

                                                DEPARTMENT OF TRANSPORTATION                            comment period and specify the basis                  236. FRA assigned the petition Docket
                                                                                                        for their request.                                    Number FRA–2017–0119.
                                                Federal Railroad Administration                            All communications concerning these                   Specifically, TEX Rail seeks
                                                [Docket Number FRA–2006–25452]                          proceedings should identify the                       temporary relief from the requirements
                                                                                                        appropriate docket number and may be                  of 49 CFR 236.0(c)(2) which requires a
                                                Petition for Waiver of Compliance                       submitted by any of the following                     compliant block signal system at
                                                                                                        methods:                                              locations where passenger trains will
                                                   Under part 211 of Title 49 of the Code                  • Web site: http://                                operate at a speed of 60 or more miles
                                                of Federal Regulations (CFR), this                      www.regulations.gov. Follow the online                per hour, unless an FRA-approved PTC
                                                provides the public notice that on                      instructions for submitting comments.                 system is installed. TEX Rail faces
                                                September 29, 2017, the South Carolina                     • Fax: 202–493–2251.                               schedule constraints which preclude the
                                                Railroad Museum, Inc. (SCRM)                               • Mail: Docket Operations Facility,                complete installation of this system
                                                petitioned the Federal Railroad                         U.S. Department of Transportation, 1200               prior to the receipt of its fleet of new
                                                Administration (FRA) for a waiver of                    New Jersey Avenue SE, W12–140,                        Stadler FLIRT Diesel Multiple Units,
                                                compliance from certain provisions of                   Washington, DC 20590.                                 (DMUs), which will be used to provide
                                                the Federal railroad safety regulations
                                                                                                           • Hand Delivery: 1200 New Jersey                   commuter rail service over this railroad.
                                                contained at 49 CFR part 219. FRA                                                                             TEX Rail’s CTC and I–ETMS systems
                                                                                                        Avenue SE., Room W12–140,
                                                assigned the petition docket number                                                                           will not be in service by February 2018,
                                                                                                        Washington, DC 20590, between 9 a.m.
                                                FRA 2006–25452.                                                                                               when TEX Rail contractually must begin
                                                   Specifically, SCRM requests an                       and 5 p.m., Monday through Friday,
                                                                                                        except Federal Holidays.                              pre-revenue service acceptance testing
                                                extension of its existing waiver for the                                                                      of its new DMU fleet.
                                                relief from the alcohol and drug testing                   Communications received by January
                                                                                                        8, 2018 will be considered by FRA                        Therefore, TEX Rail requests a waiver
                                                requirements in part 219, Subpart G—                                                                          to perform pre-revenue service testing of
                                                Random Alcohol and Drug Testing                         before final action is taken. Comments
                                                                                                        received after that date will be                      its new fleet of FLIRT DMUs at a speed
                                                Programs. The SCRM is a non-profit                                                                            of 60 to 70 miles per hour (MAS)
                                                railroad museum located near                            considered if practicable.
                                                                                                           Anyone can search the electronic                   utilizing a 24.5-mile segment of track
                                                Winnsboro, SC. It operates scheduled                                                                          described in Appendix ‘‘A’’ to this
                                                excursion passenger trains on certain                   form of any written communications
                                                                                                        and comments received into any of our                 petition. TEX Rail requests permission
                                                weekends, and special charter trains.                                                                         to perform testing under this waiver
                                                SCRM states that its excursion trains                   dockets by the name of the individual
                                                                                                        submitting the comment (or signing the                until the CTC and I–ETMS systems are
                                                run on about 29 days per calendar year,                                                                       functioning in compliance with FRA
                                                and 2 to 6 trains are scheduled on each                 document, if submitted on behalf of an
                                                                                                        association, business, labor union, etc.).            regulations.
                                                day. In 2016, SCRM also operated 19                                                                              A copy of the petition, as well as any
                                                charter trains. The round trip of these                 Under 5 U.S.C. 553(c), DOT solicits
                                                                                                        comments from the public to better                    written communications concerning the
                                                trains is 10.2 miles. The trains are                                                                          petition, is available for review online at
                                                staffed entirely by 13 volunteers who                   inform its processes. DOT posts these
                                                                                                        comments, without edit, including any                 www.regulations.gov and in person at
                                                are certified, as appropriate, under 49                                                                       the U.S. Department of Transportation’s
                                                CFR parts 240 and 242. SCRM’s                           personal information the commenter
                                                                                                        provides, to www.regulations.gov, as                  (DOT) Docket Operations Facility, 1200
                                                operating rules forbid the use of drugs                                                                       New Jersey Avenue SE., W12–140,
                                                and alcohol on museum property, and                     described in the system of records
                                                                                                        notice (DOT/ALL–14 FDMS), which can                   Washington, DC 20590. The Docket
                                                forbid train crew personnel from serving                                                                      Operations Facility is open from 9 a.m.
                                                after using alcohol or drugs. SCRM                      be reviewed at https://
                                                                                                        www.transportation.gov/privacy. See                   to 5 p.m., Monday through Friday,
                                                states in its petition letter that in 28                                                                      except Federal Holidays.
                                                years of operation, there have been no                  also https://www.regulations.gov/
                                                                                                                                                                 Interested parties are invited to
                                                known instances of alcohol or drug use                  privacyNotice for the privacy notice of
                                                                                                                                                              participate in these proceedings by
                                                by museum volunteers serving on train                   regulations.gov.
                                                                                                                                                              submitting written views, data, or
                                                crews.                                                    Issued in Washington, DC.                           comments. FRA does not anticipate
                                                   A copy of the petition, as well as any               Robert C. Lauby,                                      scheduling a public hearing in
                                                written communications concerning the                   Associate Administrator for Railroad Safety           connection with these proceedings since
                                                petition, is available for review online at             Chief Safety Officer.                                 the facts do not appear to warrant a
                                                www.regulations.gov and in person at                    [FR Doc. 2017–25362 Filed 11–22–17; 8:45 am]          hearing. If any interested parties desire
                                                the U.S. Department of Transportation’s                 BILLING CODE 4910–06–P                                an opportunity for oral comment and a
                                                (DOT) Docket Operations Facility, 1200                                                                        public hearing, they should notify FRA,
                                                New Jersey Avenue SE., W12–140,                                                                               in writing, before the end of the
                                                Washington, DC 20590. The Docket                        DEPARTMENT OF TRANSPORTATION                          comment period and specify the basis
                                                Operations Facility is open from 9 a.m.                                                                       for their request.
                                                to 5 p.m., Monday through Friday,                       Federal Railroad Administration                          All communications concerning these
                                                except Federal Holidays.                                                                                      proceedings should identify the
                                                   Interested parties are invited to                    [Docket Number FRA–2017–0119]
                                                                                                                                                              appropriate docket number and may be
                                                participate in these proceedings by                     Petition for Waiver of Compliance                     submitted by any of the following
                                                submitting written views, data, or                                                                            methods:
                                                comments. FRA does not anticipate                         Under part 211 of Title 49 Code of                     • Web site: http://
sradovich on DSK3GMQ082PROD with NOTICES




                                                scheduling a public hearing in                          Federal Regulations (CFR), this provides              www.regulations.gov. Follow the online
                                                connection with these proceedings since                 the public notice that on November 3,                 instructions for submitting comments.
                                                the facts do not appear to warrant a                    2017, TEX Rail petitioned the Federal                    • Fax: 202–493–2251.
                                                hearing. If any interested parties desire               Railroad Administration (FRA) for a                      • Mail: Docket Operations Facility,
                                                an opportunity for oral comment and a                   waiver of compliance from certain                     U.S. Department of Transportation, 1200
                                                public hearing, they should notify FRA,                 provisions of the Federal railroad safety             New Jersey Avenue SE., W12–140,
                                                in writing, before the end of the                       regulations contained at 49 CFR part                  Washington, DC 20590.


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                                                                            Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices                                                55919

                                                   • Hand Delivery: 1200 New Jersey                     Intercity Passenger Rail funds to                     Under 5 U.S.C. 553(c), DOT solicits
                                                Avenue SE., Room W12–140,                               improve Amtrak Cascades service in the                comments from the public to better
                                                Washington, DC 20590, between 9 a.m.                    Pacific Northwest. Two of the projects                inform its processes. DOT posts these
                                                and 5 p.m., Monday through Friday,                      funded by this ARRA grant program                     comments, without edit, including any
                                                except Federal Holidays.                                provided over $200 million to upgrade                 personal information the commenter
                                                   Communications received by January                   Sound Transit’s Lakewood Subdivision.                 provides, to www.regulations.gov, as
                                                8, 2018 will be considered by FRA                       These upgrades have provided                          described in the system of records
                                                before final action is taken. Comments                  infrastructure to allow for the re-routing            notice (DOT/ALL–14 FDMS), which can
                                                received after that date will be                        of Amtrak’s long distance and Amtrak                  be reviewed at https://
                                                considered if practicable.                              Cascades regional trains off a portion of             www.transportation.gov/privacy. See
                                                   Anyone can search the electronic                     BNSF Railway’s (BNSF) Seattle                         also https://www.regulations.gov/
                                                form of any written communications                      Subdivision. The Lakewood                             privacyNotice for the privacy notice of
                                                and comments received into any of our                   Subdivision has substantially less                    regulations.gov.
                                                dockets by the name of the individual                   freight traffic than the existing route                 Issued in Washington, DC.
                                                submitting the comment (or signing the                  along BNSF’s Seattle Subdivision.
                                                                                                                                                              Robert C. Lauby,
                                                document, if submitted on behalf of an                     A copy of the petition, as well as any
                                                                                                        written communications concerning the                 Associate Administrator for Railroad Safety,
                                                association, business, labor union, etc.).                                                                    Chief Safety Officer.
                                                Under 5 U.S.C. 553(c), DOT solicits                     petition, is available for review online at
                                                                                                        www.regulations.gov and in person at                  [FR Doc. 2017–25361 Filed 11–22–17; 8:45 am]
                                                comments from the public to better
                                                inform its processes. DOT posts these                   the U.S. Department of Transportation’s               BILLING CODE 4910–06–P

                                                comments, without edit, including any                   (DOT) Docket Operations Facility, 1200
                                                personal information the commenter                      New Jersey Avenue SE., W12–140,
                                                                                                        Washington, DC 20590. The Docket                      DEPARTMENT OF TRANSPORTATION
                                                provides, to www.regulations.gov, as
                                                described in the system of records                      Operations Facility is open from 9 a.m.               Federal Railroad Administration
                                                notice (DOT/ALL–14 FDMS), which can                     to 5 p.m., Monday through Friday,
                                                be reviewed at https://                                 except Federal Holidays.                              [Docket Number FRA–2008–0028]
                                                www.transportation.gov/privacy. See                        Interested parties are invited to
                                                also https://www.regulations.gov/                       participate in these proceedings by                   Petition for Waiver of Compliance
                                                privacyNotice for the privacy notice of                 submitting written views, data, or                       Under Part 211 of Title 49 Code of
                                                regulations.gov.                                        comments. FRA does not anticipate                     Federal Regulations (CFR), this provides
                                                                                                        scheduling a public hearing in                        the public notice that on November 14,
                                                  Issued in Washington, DC.
                                                                                                        connection with these proceedings since               2017, Riverport Railroad, LLC (RVPR),
                                                Robert C. Lauby,                                        the facts do not appear to warrant a
                                                Associate Administrator for Railroad Safety,                                                                  petitioned the Federal Railroad
                                                                                                        hearing. If any interested parties desire             Administration (FRA) for a waiver of
                                                Chief Safety Officer.                                   an opportunity for oral comment and a
                                                [FR Doc. 2017–25364 Filed 11–22–17; 8:45 am]                                                                  compliance from certain provisions of
                                                                                                        public hearing, they should notify FRA,               the Federal railroad safety regulations
                                                BILLING CODE 4910–06–P                                  in writing, before the end of the                     contained at 49 CFR part 223. FRA
                                                                                                        comment period and specify the basis                  assigned the petition Docket Number
                                                                                                        for their request.                                    FRA–2008–0028.
                                                DEPARTMENT OF TRANSPORTATION                               All communications concerning these
                                                                                                                                                                 Specifically, RVPR seeks to renew a
                                                                                                        proceedings should identify the
                                                Federal Railroad Administration                                                                               waiver of compliance from the glazing
                                                                                                        appropriate docket number and may be
                                                                                                                                                              regulations in 49 CFR 223.11,
                                                [Docket Number FRA–1999–6404]                           submitted by any of the following
                                                                                                                                                              Requirements for existing locomotives,
                                                                                                        methods:
                                                Petition for Waiver of Compliance                          • Web site: http://                                for one locomotive, identified as RVPR
                                                                                                        www.regulations.gov. Follow the online                4029. RVPR is a terminal/switching
                                                   In accordance with Part 211 of Title                 instructions for submitting comments.                 railroad on the former Department of
                                                49 of the Code of Federal Regulations                      • Fax: 202–493–2251.                               Defense (DOD) Savanna Army Depot.
                                                (CFR), this provides the public notice                     • Mail: Docket Operations Facility,                This installation is located in rural
                                                that on September 6, 2017, The National                 U.S. Department of Transportation, 1200               northwestern Illinois in Jo Daviess and
                                                Railroad Passenger Corporation                          New Jersey Avenue SE., W12–140,                       Carroll Counties. RVPR states they own
                                                (Amtrak) petitioned the Federal                         Washington, DC 20590.                                 80 percent of the adjoining land, and the
                                                Railroad Administration (FRA) for an                       • Hand Delivery: 1200 New Jersey                   other 20 percent is privately owned and
                                                amendment to a waiver of compliance                     Avenue SE., Room W12–140,                             access controlled. The BNSF Railway
                                                from certain provisions of the Federal                  Washington, DC 20590, between 9 a.m.                  interchanges cars with RVPR at
                                                railroad safety regulations contained at                and 5 p.m., Monday through Friday,                    Robinson Spur where there are eight
                                                49 CFR 238.111, Pre-revenue service                     except Federal Holidays.                              interchange tracks. All trackage is
                                                acceptance testing plan. FRA assigned                      Communications received by January                 enclosed and there are no overhead
                                                the petition docket number FRA–1999–                    8, 2018 will be considered by FRA                     structures or bridges where objects
                                                6404.                                                   before final action is taken. Comments                could be thrown at trains. RVPR
                                                   Specifically, Amtrak and the                         received after that date will be                      operates at 10 miles per hour or less,
                                                Washington State Department of                                                                                and provides car storage for customers,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        considered if practicable.
                                                Transportation (WSDOT) are requesting                      Anyone can search the electronic                   as well as servicing a railcar repair and
                                                permission to operate Talgo articulated                 form of any written communications                    a railcar cleaning company.
                                                trainsets on Sound Transit’s Lakewood                   and comments received into any of our                    The locomotive is a 60-ton 500-
                                                Subdivision near Tacoma, Washington.                    dockets by the name of the individual                 horsepower diesel electric locomotive
                                                   In 2010, WSDOT was awarded nearly                    submitting the comment (or signing the                numbered 4029. This engine was
                                                $800 million of American Recovery and                   document, if submitted on behalf of an                manufactured in 1950 and
                                                Reinvestment Act (ARRA) High-Speed                      association, business, labor union, etc.).            remanufactured for DOD between 1987


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Document Created: 2017-11-22 23:34:07
Document Modified: 2017-11-22 23:34:07
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 55918 

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