83_FR_22671 83 FR 22577 - Petition for Waiver of Compliance

83 FR 22577 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range22577-22577
FR Document2018-10274

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018) 
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Page 22577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10274]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0045]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 27, 2018, the Federal 
Railroad Administration (FRA) received a petition from Burlington 
Junction Railway (BJRY) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR part 223. FRA assigned the petition Docket Number FRA-2018-0045.
    Specifically, BJRY seeks a waiver of compliance from the glazing 
regulations in 49 CFR 223.11, Requirements for existing locomotives, 
for one locomotive, identified as BJRY Locomotive Number 3236. This 
locomotive was originally manufactured by Baldwin Locomotive Works in 
1954 as part of an Army defense project, and was remanufactured in 
1988. The locomotive is currently housed in Burlington, IA, and does 
not have FRA-compliant glazing.
    BJRY intends to use this locomotive as a backup to their primary 
locomotive when it is down for inspections or repairs. Locomotive BJRY 
3236 will be used for freight car switching in an industrial area on 
approximately 1.5 miles of track. The route consists of one overpass 
and six public grade crossings. The maximum speed that this locomotive 
will operate is 10 miles per hour.
    BJRY provided documentation from the City of Burlington showing no 
train accidents and seven reports of criminal mischief (vandalism to 
vehicles) for the past three years. BJRY believes that this locomotive 
can be safely operated throughout the area with the current non-
compliant glazing. The cost to BJRY for installation of all new window 
frames and compliant FRA Type I & II glazing is significant, with only 
a marginal increase in safety due to the limited use, short route, and 
low speed.
    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:
     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 June 29, 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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-10274 Filed 5-14-18; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices 22577 SUPPLEMENTARY INFORMATION section of Dated: May 10, 2018. (DOT) Docket Operations Facility, 1200 this notice. Stephanie L. Richardson, New Jersey Avenue SE, W12–140, Secretary to the Commission. Washington, DC 20590. The Docket DATES: The meeting will be held on [FR Doc. 2018–10349 Filed 5–14–18; 8:45 am] Operations Facility is open from 9 a.m. Friday, June 15, 2018, at 9 a.m. to 5 p.m., Monday through Friday, BILLING CODE 7040–01–P ADDRESSES: The meeting will be held at except Federal Holidays. the Crowne Plaza Baltimore Downtown- Interested parties are invited to Inner Harbor, Carroll Room, 105 West DEPARTMENT OF TRANSPORTATION participate in these proceedings by Fayette Street, Baltimore, MD 21201. submitting written views, data, or Federal Railroad Administration comments. FRA does not anticipate FOR FURTHER INFORMATION CONTACT: scheduling a public hearing in Gwyn Rowland, Manager, Governmental [Docket Number FRA–2018–0045] connection with these proceedings since & Public Affairs, 717–238–0423, ext. the facts do not appear to warrant a 1316. Petition for Waiver of Compliance hearing. If any interested parties desire SUPPLEMENTARY INFORMATION: The Under part 211 of Title 49 Code of an opportunity for oral comment and a business meeting will include actions or Federal Regulations (CFR), this public hearing, they should notify FRA, presentations on the following items: (1) document provides the public notice in writing, before the end of the Informational presentation of interest to that on April 27, 2018, the Federal comment period and specify the basis Railroad Administration (FRA) received for their request. the lower Susquehanna River region; (2) election of Commission officers for a petition from Burlington Junction All communications concerning these FY2019; (3) the proposed FY2019 Railway (BJRY) for a waiver of proceedings should identify the Regulatory Program Fee Schedule; (4) compliance from certain provisions of appropriate docket number and may be the Federal railroad safety regulations submitted by any of the following adoption of a preliminary expense contained at 49 CFR part 223. FRA methods: budget for FY2020; (5) adoption of member allocations for FY2020; (6) assigned the petition Docket Number • Website: http:// FRA–2018–0045. www.regulations.gov. Follow the online ratification/approval of contracts/grants; Specifically, BJRY seeks a waiver of instructions for submitting comments. (7) a proposed records retention policy; (8) a resolution on delegation of compliance from the glazing regulations • Fax: 202–493–2251. settlement authority; (9) a report on in 49 CFR 223.11, Requirements for • Mail: Docket Operations Facility, existing locomotives, for one U.S. Department of Transportation, 1200 delegated settlements; (10) the proposed locomotive, identified as BJRY New Jersey Avenue SE, W12–140, Water Resources Program for fiscal years Locomotive Number 3236. This Washington, DC 20590. 2019 through 2021; (11) amendments to the Comprehensive Plan for the Water locomotive was originally manufactured • Hand Delivery: 1200 New Jersey by Baldwin Locomotive Works in 1954 Avenue SE, Room W12–140, Resources of the Susquehanna River as part of an Army defense project, and Washington, DC 20590, between 9 a.m. Basin; and (12) Regulatory Program was remanufactured in 1988. The and 5 p.m., Monday through Friday, projects. locomotive is currently housed in except Federal Holidays. Projects, the fee schedule, the records Burlington, IA, and does not have FRA- Communications received by June 29, retention policy and amendments to the compliant glazing. 2018 will be considered by FRA before Comprehensive Plan listed for BJRY intends to use this locomotive final action is taken. Comments received Commission action are those that were as a backup to their primary locomotive after that date will be considered if the subject of a public hearing when it is down for inspections or practicable. conducted by the Commission on May repairs. Locomotive BJRY 3236 will be Anyone can search the electronic 10, 2018, and identified in the notice for used for freight car switching in an form of any written communications such hearing, which was published in industrial area on approximately 1.5 and comments received into any of our 83 FR 15665, April 11, 2018. miles of track. The route consists of one dockets by the name of the individual overpass and six public grade crossings. submitting the comment (or signing the The public is invited to attend the The maximum speed that this document, if submitted on behalf of an Commission’s business meeting. locomotive will operate is 10 miles per association, business, labor union, etc.). Comments on the Regulatory Program hour. Under 5 U.S.C. 553(c), DOT solicits projects, the fee schedule, the records BJRY provided documentation from comments from the public to better retention policy and amendments to the the City of Burlington showing no train inform its processes. DOT posts these Comprehensive Plan were subject to a accidents and seven reports of criminal comments, without edit, including any deadline of May 21, 2018. Written mischief (vandalism to vehicles) for the personal information the commenter comments pertaining to other items on past three years. BJRY believes that this provides, to www.regulations.gov, as the agenda at the business meeting may locomotive can be safely operated described in the system of records be mailed to the Susquehanna River throughout the area with the current notice (DOT/ALL–14 FDMS), which can Basin Commission, 4423 North Front non-compliant glazing. The cost to BJRY Street, Harrisburg, Pennsylvania 17110– be reviewed at https:// for installation of all new window www.transportation.gov/privacy. See 1788, or submitted electronically frames and compliant FRA Type I & II through http://www.srbc.net/pubinfo/ also https://www.regulations.gov/ glazing is significant, with only a privacyNotice for the privacy notice of daltland on DSKBBV9HB2PROD with NOTICES publicparticipation.htm. Such marginal increase in safety due to the comments are due to the Commission regulations.gov. limited use, short route, and low speed. on or before June 8, 2018. Comments A copy of the petition, as well as any Robert C. Lauby, will not be accepted at the business written communications concerning the Associate Administrator for Railroad Safety, meeting noticed herein. petition, is available for review online at Chief Safety Officer. Authority: Pub. L. 91–575, 84 Stat. 1509 et www.regulations.gov and in person at [FR Doc. 2018–10274 Filed 5–14–18; 8:45 am] seq., 18 CFR parts 806, 807, and 808. the U.S. Department of Transportation’s BILLING CODE 4910–06–P VerDate Sep<11>2014 20:27 May 14, 2018 Jkt 244001 PO 00000 Frm 00137 Fmt 4703 Sfmt 9990 E:\FR\FM\15MYN1.SGM 15MYN1


Document Created: 2018-05-15 00:33:33
Document Modified: 2018-05-15 00:33:33
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 Citation83 FR 22577 
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