82_FR_61366 82 FR 61120 - Petition for Waiver of Compliance

82 FR 61120 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range61120-61121
FR Document2017-27777

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61120-61121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27777]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0123]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on November 27, 2017, the Canadian 
National Railway (CN) petitioned the Federal Railroad Administration 
(FRA) for relief from the requirements of 49 CFR 236.23, Aspects and 
indications, to allow CN to display a dark aspect as a ``stop.'' FRA 
assigned the petition Docket Number FRA-2017-0123.
    The regulation requires that a red signal aspect must be displayed 
for a ``stop'' indication. In its petition, CN requests relief from 
this requirement, and explains that with the use of advanced processor 
technology in the railway signaling field, failsafe checks that have 
never before been incorporated into the wayside signal system can now 
economically be provided. In CN's particular case, the

[[Page 61121]]

solid-state electronics have the ability to monitor lamp driver 
circuits for foreign and/or undesired voltage. CN explains that if the 
lamp driver monitoring circuits detect foreign or undesirable voltage, 
all voltage produced by the lamp driver is switched off by the central 
processing unit as defined by the executive software. CN states that 
this relief would allow a continuing and industry-wide practice that 
ensures absolute safety under undesirable conditions. These conditions 
include but are not limited to, component failures on lamp driver 
modules, grounds, incorrect9*/wiring and cross connections.
    CN's position is that it is far safer to remove all operating 
voltage to affected lamps, versus running the risk of having an 
undesired aspect displayed. The relief is sought for all current solid-
state applications and all future solid-state applications on CN 
Southern Region, inclusive of all United States properties.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
(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, 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:
     Website: 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 February 9, 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.). In 
accordance with 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.

Robert C. Lauby,
Associate Administrator for Safety Chief Safety Officer.
[FR Doc. 2017-27777 Filed 12-22-17; 8:45 am]
BILLING CODE 4910-06-P



                                               61120                      Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices

                                               documentation, citizenship, and                            Bridgeport, West Virginia 26330, (304)             Airport Revenue published in the
                                               nationality?                                               842–3400 and at the FAA Beckley                    Federal Register on February 16, 1999.
                                                  31. Did the government fund any anti-                   Airports Field Office:                               The 5.5 acres to be released are part
                                               trafficking information, education, or                  Matthew DiGiulian, Manager, Beckley                   of previous purchases totaling
                                               awareness campaigns? Were these                            Airports Field Office, 176 Airport                 approximately 120 acres for reasons
                                               campaigns targeting potential trafficking                  Circle, Room 101, Beaver, WV 25813,                associated with Runway Extension. The
                                               victims and/or the demand for                              (304) 252–6216                                     subject area to be released is located
                                               commercial sex or goods produced with                   FOR FURTHER INFORMATION CONTACT:                      between the taxiway and West Virginia
                                               forced labor? Does the government                       Connie Boley-Lilly, Airports Program                  State Route 131, north of airport
                                               provide financial support to                            Specialist, Beckley Airports Field                    terminal, however, is located
                                               nongovernment organizations working                     Office, location listed above. (304) 252–             approximately 200 feet lower in
                                               to promote public awareness?                            6216 ext. 125.                                        elevation that the active runway. It is
                                                  32. What efforts did the government                     The land release request for the sale              also completely segregated from the
                                               make to ensure that its policies,                       and disposal of 5.5 acres of federally                terminal area and the facilities that
                                               regulations, and agreements relating to                 obligated airport property at North                   serve airport users, such as Terminal
                                               migration, labor, trade, and investment                 Central West Virginia Airport,                        Parking and Fixed Base Operator (FBO)
                                               did not facilitate forced labor?                        Clarksburg, WV may be reviewed in                     services. The elevation difference and
                                                  33. Please provide additional                        person at the Beckley Airports Field                  location of the property make if
                                               recommendations to improve the                          Office located at 176 Airport Circle,                 unusable for aeronautical purposes. The
                                               government’s anti-trafficking efforts.                  Room 101 Beaver, WV 25813.                            property is not located within the RPZ,
                                                  34. Please highlight effective                                                                             will not result in any obstructions to
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               strategies and practices that other                                                                           part 77 surfaces, and has not been
                                                                                                          The following is a brief overview of
                                               governments could consider adopting.                                                                          identified as needed for current or
                                                                                                       the request:
                                               Kari Johnstone,                                            The Benedum Airport Authority has                  future airport development in the
                                                                                                       submitted a land release request seeking              current Airport Master Plan or ALP.
                                               Acting Director, Office to Monitor and Combat
                                               Trafficking in Persons, Department of State.            FAA approval for the sale and disposal                  Any person may inspect the request
                                                                                                       of approximately 5.5 acres of federally               by appointment at the FAA office
                                               [FR Doc. 2017–27647 Filed 12–22–17; 8:45 am]
                                                                                                       obligated airport property, to the City of            address listed above. Interested persons
                                               BILLING CODE 4710–17–P
                                                                                                       Bridgeport. The purpose of the project is             are invited to comment. All comments
                                                                                                       for the airport to sell excess property               will be considered by the FAA to the
                                                                                                       that does not have an aeronautical use                extent practicable.
                                               DEPARTMENT OF TRANSPORTATION
                                                                                                       to the City. The City will use the                     Issued in Beaver, West Virginia.
                                               Federal Aviation Administration                         property to construct additional needed                Dated: December 14, 2017.
                                                                                                       storage for city equipment, storage of                Matthew DiGiulian,
                                               Notice of Intent To Rule on a Land                      road salt, and a car wash for                         Manager, Beckley Airports Field Office.
                                               Release Request at North Central West                   maintaining city vehicles. The sporting               [FR Doc. 2017–27675 Filed 12–22–17; 8:45 am]
                                               Virginia Airport (CKB), Clarksburg, WV                  complex, which is adjacent to the
                                                                                                                                                             BILLING CODE 4910–13–P
                                                                                                       airport, is in need of additional off road
                                               AGENCY: Federal Aviation
                                                                                                       parking. This property will provide 80
                                               Administration (FAA) DOT.
                                                                                                       additional parking spots.                             DEPARTMENT OF TRANSPORTATION
                                               ACTION: Notice and request for comment.                    The parcel for this project is known
                                               SUMMARY:    The FAA is requesting public                as Tax Map 290 Parcel 9. This property                Federal Railroad Administration
                                               comment for a land release and sale of                  consists of 5.5 Acres with seven (7)
                                                                                                                                                             [Docket Number FRA–2017–0123]
                                               5.5 acres of federally obligated airport                structures. The City of Bridgeport’s
                                               property at North Central West Virginia                 proposed redevelopment includes                       Petition for Waiver of Compliance
                                               Airport (CKB), Clarksburg, WV, to                       demolishing (6) six of the seven (7)
                                               accommodate the construction of two                     structures, construction of one (1) 60′ ×                Under part 211 of Title 49 Code of
                                                                                                       160′ four (4) bay building, one (1) 156′              Federal Regulations (CFR), this provides
                                               (2) storage buildings and an 80 space
                                               parking lot. This acreage was originally                × 30′ twelve (12) bay garage, renovation              the public notice that on November 27,
                                                                                                       of one (1) extant building into a car                 2017, the Canadian National Railway
                                               purchased with federal financial
                                                                                                       wash, and construction of an 80 space                 (CN) petitioned the Federal Railroad
                                               assistance through the AIP program
                                                                                                       parking lot.                                          Administration (FRA) for relief from the
                                               under Grant Agreements 3–54–0005–
                                                                                                          The 5.5 acres of land to be released               requirements of 49 CFR 236.23, Aspects
                                               16–1996, and 3–54–0005–10–1993. In
                                                                                                       was originally purchased with federal                 and indications, to allow CN to display
                                               accordance with federal regulations, this
                                                                                                       financial assistance through the AIP                  a dark aspect as a ‘‘stop.’’ FRA assigned
                                               notice is required to be published in the
                                                                                                       program under Grant Agreements 3–54–                  the petition Docket Number FRA–2017–
                                               Federal Register 30 days before
                                                                                                       0005–16–1996 and 3–54–0005–10–1993.                   0123.
                                               releasing the grant assurances that
                                                                                                       Therefore, the portion of the proceeds of                The regulation requires that a red
                                               require the property to be used for an
                                                                                                       the sale of this acreage, which is                    signal aspect must be displayed for a
                                               aeronautical purpose.
                                                                                                       proportionate to the United States’ share             ‘‘stop’’ indication. In its petition, CN
                                               DATES: Comments must be received on                     of the cost of acquisition of such land,              requests relief from this requirement,
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                                               or before January 25, 2018.                             will be used consistent with the                      and explains that with the use of
                                               ADDRESSES: Comments on this                             requirements of 49 U.S.C. 47107(c). The               advanced processor technology in the
                                               application may be mailed or delivered                  remaining portion of the proceeds of the              railway signaling field, failsafe checks
                                               to the following address:                               sale, is considered airport revenue, and              that have never before been
                                               Mr. Rick Rock, Airport Director, North                  will be used in accordance with 49                    incorporated into the wayside signal
                                                 Central West Virginia Regional                        U.S.C. 47107(b) and the FAA’s Policy                  system can now economically be
                                                 Airport, 2000 Aviation Way,                           and Procedures Concerning the Use of                  provided. In CN’s particular case, the


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                                                                          Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices                                            61121

                                               solid-state electronics have the ability to             Comments received after that date will                excursion service along 89 miles of rural
                                               monitor lamp driver circuits for foreign                be considered if practicable.                         and wilderness track. The maximum
                                               and/or undesired voltage. CN explains                     Anyone can search the electronic                    authorized speed over this track does
                                               that if the lamp driver monitoring                      form of any written communications                    not exceed Class 2 track speeds. DGVR
                                               circuits detect foreign or undesirable                  and comments received into any of our                 states that there are only two overpasses
                                               voltage, all voltage produced by the                    dockets by the name of the individual                 over the track, both of which are
                                               lamp driver is switched off by the                      submitting the comment (or signing the                patrolled by local law enforcement
                                               central processing unit as defined by the               document, if submitted on behalf of an                officials on a regular basis, and that
                                               executive software. CN states that this                 association, business, labor union, etc.).            there is no history of vandalism along
                                               relief would allow a continuing and                     In accordance with 5 U.S.C. 553(c), DOT               this track. DGVR believes that this
                                               industry-wide practice that ensures                     solicits comments from the public to                  locomotive can be safely operated
                                               absolute safety under undesirable                       better inform its processes. DOT posts                throughout the rural area with the
                                               conditions. These conditions include                    these comments, without edit, including               current non-compliant safety-type
                                               but are not limited to, component                       any personal information the                          glazing. The cost to DGVR for
                                               failures on lamp driver modules,                        commenter provides, to                                installation of all new window frames
                                               grounds, incorrect9*/wiring and cross                   www.regulations.gov, as described in                  and compliant FRA Type I & II glazing
                                               connections.                                            the system of records notice (DOT/ALL–                is significant, with only a marginal
                                                  CN’s position is that it is far safer to             14 FDMS), which can be reviewed at                    increase in safety due to the low speed.
                                               remove all operating voltage to affected                https://www.transportation.gov/privacy.               A copy of the petition, as well as any
                                               lamps, versus running the risk of having                See also https://www.regulations.gov/                 written communications concerning the
                                               an undesired aspect displayed. The                      privacyNotice for the privacy notice of               petition, is available for review online at
                                               relief is sought for all current solid-state            regulations.gov.                                      www.regulations.gov and in person at
                                               applications and all future solid-state                                                                       the U.S. Department of Transportation’s
                                               applications on CN Southern Region,                     Robert C. Lauby,                                      (DOT) Docket Operations Facility, 1200
                                               inclusive of all United States properties.              Associate Administrator for Safety Chief              New Jersey Avenue SE, W12–140,
                                                  A copy of the petition, as well as any               Safety Officer.                                       Washington, DC 20590. The Docket
                                               written communications concerning the                   [FR Doc. 2017–27777 Filed 12–22–17; 8:45 am]          Operations Facility is open from 9 a.m.
                                               petition, is available for review online at             BILLING CODE 4910–06–P                                to 5 p.m., Monday through Friday,
                                               www.regulations.gov and in person at                                                                          except Federal Holidays.
                                               the Department of Transportation’s                                                                               Interested parties are invited to
                                               (DOT) Docket Operations Facility, 1200                  DEPARTMENT OF TRANSPORTATION                          participate in these proceedings by
                                               New Jersey Avenue SE, W12–140,                                                                                submitting written views, data, or
                                               Washington, DC 20590. The Docket                        Federal Railroad Administration                       comments. FRA does not anticipate
                                               Operations Facility is open from 9 a.m.                 [Docket Number FRA–2007–27868]                        scheduling a public hearing in
                                               to 5 p.m., Monday through Friday,                                                                             connection with these proceedings since
                                               except Federal Holidays.                                Petition for Waiver of Compliance                     the facts do not appear to warrant a
                                                  Interested parties are invited to                                                                          hearing. If any interested parties desire
                                                                                                          Under part 211 of Title 49 Code of
                                               participate in these proceedings by                                                                           an opportunity for oral comment and a
                                                                                                       Federal Regulations (CFR), this provides
                                               submitting written views, data, or                                                                            public hearing, they should notify FRA,
                                                                                                       the public notice that on November 16,
                                               comments. FRA does not anticipate                                                                             in writing, before the end of the
                                                                                                       2017, the Durbin & Greenbrier Valley
                                               scheduling a public hearing in                                                                                comment period and specify the basis
                                                                                                       Railroad, Inc. (DGVR) petitioned the
                                               connection with these proceedings since                                                                       for their request.
                                                                                                       Federal Railroad Administration (FRA)
                                               the facts do not appear to warrant a                                                                             All communications concerning these
                                                                                                       for a waiver of compliance from certain
                                               hearing. If any interested parties desire                                                                     proceedings should identify the
                                                                                                       provisions of the Federal railroad safety
                                               an opportunity for oral comment, they                                                                         appropriate docket number and may be
                                                                                                       regulations contained at 49 CFR part
                                               should notify FRA, in writing, before                                                                         submitted by any of the following
                                                                                                       223. FRA assigned the petition Docket
                                               the end of the comment period and                                                                             methods:
                                                                                                       Number FRA–2007–27868.                                   • Website: http://
                                               specify the basis for their request.
                                                  All communications concerning these                     Specifically, DGVR seeks to renew its              www.regulations.gov. Follow the online
                                               proceedings should identify the                         waiver of compliance from the glazing                 instructions for submitting comments.
                                               appropriate docket number and may be                    regulations in 49 CFR 223.11,                            • Fax: 202–493–2251.
                                               submitted by any of the following                       Requirements for existing locomotives,                   • Mail: Docket Operations Facility,
                                               methods:                                                for one locomotive, identified as DGVR                U.S. Department of Transportation, 1200
                                                  • Website: http://                                   Locomotive Number 82. The locomotive                  New Jersey Avenue SE, W12–140,
                                               www.regulations.gov. Follow the online                  is a 1,500 horsepower diesel electric                 Washington, DC 20590.
                                               instructions for submitting comments.                   locomotive, model BL–2, built by                         • Hand Delivery: 1200 New Jersey
                                                  • Fax: 202–493–2251.                                 Electro Motive Division of General                    Avenue SE, Room W12–140,
                                                  • Mail: Docket Operations Facility,                  Motors in 1948 and still has the original             Washington, DC 20590, between 9 a.m.
                                               U.S. Department of Transportation, 1200                 glazing intact. The locomotive was                    and 5 p.m., Monday through Friday,
                                               New Jersey Avenue SE, W12–140,                          originally built strictly for branch line             except Federal Holidays.
                                               Washington, DC 20590.                                   service and continues to be used                         Communications received by
                                                  • Hand Delivery: 1200 New Jersey                     exclusively in this manner. The                       February 9, 2018 will be considered by
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                                               Avenue SE, Room W12–140,                                locomotive is housed in Belington, West               FRA before final action is taken.
                                               Washington, DC 20590, between 9 a.m.                    Virginia, and is used sporadically on                 Comments received after that date will
                                               and 5 p.m., Monday through Friday,                      track leased by a subsidiary division of              be considered if practicable.
                                               except Federal Holidays.                                DGVR, the West Virginia Central                          Anyone can search the electronic
                                                  Communications received by                           Division. DGVR states that DGVR                       form of any written communications
                                               February 9, 2018 will be considered by                  Locomotive Number 82 is used in a                     and comments received into any of our
                                               FRA before final action is taken.                       limited manner for freight and                        dockets by the name of the individual


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Document Created: 2017-12-23 03:09:04
Document Modified: 2017-12-23 03:09:04
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 61120 

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