83_FR_24257 83 FR 24156 - Petition for Waiver of Compliance

83 FR 24156 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 101 (May 24, 2018)

Page Range24156-24157
FR Document2018-11079

Federal Register, Volume 83 Issue 101 (Thursday, May 24, 2018)
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Notices]
[Pages 24156-24157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11079]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-1999-6254]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on May 10, 2018, the Santa 
Clara Valley Transportation Authority (SCVTA) petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations. FRA assigned the 
petition docket number FRA-1999-6254.
    In its petition, SCVTA seeks to extend the terms and conditions of 
its Shared Use waiver regarding operations in its Vasona Corridor, 
originally granted by FRA's Railroad Safety Board (Board) on September 
26, 2005; modified in 2008; and extended in 2011 and 2013. 
Specifically, this Shared Use waiver is for the continued operation of 
the SCVTA rail fixed guideway transit system in the Vasona Corridor. 
SCVTA shares this corridor with Union Pacific Railroad (UP) running 
parallel for 5 miles of the existing 15-mile long UP Vasona Industrial 
Lead and serves the cities of southwest San Jose, CA, and Campbell, CA. 
SCVTA and the parallel UP line share grade crossings and the corridor, 
but have no other connection. Because SCVTA owns this 5-mile-long 
portion of the shared corridor, SCVTA and UP have executed an 
Operations and Maintenance Agreement, which includes an exclusive 
operating easement, allowing UP to fulfill its obligations as a common 
carrier of freight by continuing its existing freight operations within 
the purchased corridor. This agreement requires SCVTA to inspect, 
maintain, and repair all tracks, signal systems and automatic warning 
devices along the freight track within that portion of the corridor 
shared with SCVTA tracks.
    SCVTA continues to seek partial relief from 49 CFR part 220, 
Railroad Communications, for SCVTA employees, except its dispatchers; 
and from 49 CFR part 225, Railroad Accidents/Incident Reports, to waive 
employee injury reporting requirements only. SCVTA continues to seek 
full relief from some parts of the regulations (e.g., 49 CFR parts 217, 
219, 221, 229, 238, and 239) as well.
    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 July 9, 2018 will be considered by FRA 
before

[[Page 24157]]

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. 2018-11079 Filed 5-23-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                24156                         Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices

                                                service delivery, and resolution of                     quantitative results. As a general matter,            portion of the shared corridor, SCVTA
                                                issues with service delivery. Responses                 information collections will not result               and UP have executed an Operations
                                                will be assessed to plan and inform                     in any new system of records containing               and Maintenance Agreement, which
                                                efforts to improve or maintain the                      privacy information and will not ask                  includes an exclusive operating
                                                quality of service offered to the public.               questions of a sensitive nature, such as              easement, allowing UP to fulfill its
                                                If this information is not collected, vital             sexual behavior and attitudes, religious              obligations as a common carrier of
                                                feedback from customers and                             beliefs, and other matters that are                   freight by continuing its existing freight
                                                stakeholders on the Agency’s services                   commonly considered private.                          operations within the purchased
                                                will be unavailable.                                      Public Comments Invited: You are                    corridor. This agreement requires
                                                   The Agency will only submit a                        asked to comment on any aspect of this                SCVTA to inspect, maintain, and repair
                                                collection for approval under this                      information collection, including: (1)                all tracks, signal systems and automatic
                                                generic clearance if the collections are:               Whether the proposed collection is                    warning devices along the freight track
                                                   • Voluntary;                                         necessary for the FMCSA to perform its                within that portion of the corridor
                                                   • Low-burden for respondents (based                  functions; (2) the accuracy of the                    shared with SCVTA tracks.
                                                on considerations of total burden hours,                estimated burden; (3) ways for the                       SCVTA continues to seek partial relief
                                                total number of respondents, or burden-                 FMCSA to enhance the quality,                         from 49 CFR part 220, Railroad
                                                hours per respondent) and are low-cost                  usefulness, and clarity of the collected              Communications, for SCVTA
                                                for both the respondents and the Federal                information; and (4) ways that the                    employees, except its dispatchers; and
                                                Government;                                             burden could be minimized without                     from 49 CFR part 225, Railroad
                                                   • Noncontroversial and do not raise                  reducing the quality of the collected                 Accidents/Incident Reports, to waive
                                                issues of concern to other Federal                      information.                                          employee injury reporting requirements
                                                agencies;                                                 Issued under the authority delegated in 49          only. SCVTA continues to seek full
                                                   • Targeted to the solicitation of                    CFR 1.87 on: May 16, 2018.                            relief from some parts of the regulations
                                                opinions from respondents who have                      G. Kelly Regal,                                       (e.g., 49 CFR parts 217, 219, 221, 229,
                                                experience with the program or may                                                                            238, and 239) as well.
                                                                                                        Associate Administrator, Office of Research
                                                have experience with the program in the                 and Information Technology and Chief                     A copy of the petition, as well as any
                                                near future;                                            Information Officer.                                  written communications concerning the
                                                   • Only collecting personally                         [FR Doc. 2018–11128 Filed 5–23–18; 8:45 am]           petition, is available for review online at
                                                identifiable information (PII) to the                                                                         www.regulations.gov and in person at
                                                                                                        BILLING CODE 4910–EX–P
                                                extent necessary and is not retained;                                                                         the U.S. Department of Transportation’s
                                                   • Only collecting information                                                                              (DOT) Docket Operations Facility, 1200
                                                intended to be used internally for                      DEPARTMENT OF TRANSPORTATION                          New Jersey Avenue SE, W12–140,
                                                general service improvement and                                                                               Washington, DC 20590. The Docket
                                                program management, and any release                     Federal Railroad Administration                       Operations Facility is open from 9 a.m.
                                                outside the agency must indicate the                                                                          to 5 p.m., Monday through Friday,
                                                qualitative nature of the information;                  [Docket Number FRA–1999–6254]
                                                                                                                                                              except Federal Holidays.
                                                   • Not to be used for the purpose of                                                                           Interested parties are invited to
                                                                                                        Petition for Waiver of Compliance
                                                substantially informing influential                                                                           participate in these proceedings by
                                                policy decisions; and                                      Under part 211 of Title 49 Code of                 submitting written views, data, or
                                                   • Intended to yield only qualitative                 Federal Regulations (CFR), this                       comments. FRA does not anticipate
                                                information; the collections will not be                document provides the public notice                   scheduling a public hearing in
                                                designed or expected to yield                           that on May 10, 2018, the Santa Clara                 connection with these proceedings since
                                                statistically reliable results or used as               Valley Transportation Authority                       the facts do not appear to warrant a
                                                though the results are generalized to the               (SCVTA) petitioned the Federal                        hearing. If any interested parties desire
                                                population of study.                                    Railroad Administration (FRA) for a                   an opportunity for oral comment and a
                                                   This type of generic clearance for                   waiver of compliance from certain                     public hearing, they should notify FRA,
                                                qualitative information will not be used                provisions of the Federal railroad safety             in writing, before the end of the
                                                for quantitative information collections                regulations. FRA assigned the petition                comment period and specify the basis
                                                that are designed to yield reliably                     docket number FRA–1999–6254.                          for their request.
                                                actionable results, such as monitoring                     In its petition, SCVTA seeks to extend                All communications concerning these
                                                trends over time or documenting                         the terms and conditions of its Shared                proceedings should identify the
                                                program performance. Such data uses                     Use waiver regarding operations in its                appropriate docket number and may be
                                                require more rigorous designs that                      Vasona Corridor, originally granted by                submitted by any of the following
                                                address: The target population to which                 FRA’s Railroad Safety Board (Board) on                methods:
                                                generalizations will be made, the                       September 26, 2005; modified in 2008;                    • Website: http://
                                                sampling frame, the sample design                       and extended in 2011 and 2013.                        www.regulations.gov. Follow the online
                                                (including stratification and clustering),              Specifically, this Shared Use waiver is               instructions for submitting comments.
                                                the precision requirements or power                     for the continued operation of the                       • Fax: 202–493–2251.
                                                calculations that justify the proposed                  SCVTA rail fixed guideway transit                        • Mail: Docket Operations Facility,
                                                sample size, the expected response rate,                system in the Vasona Corridor. SCVTA                  U.S. Department of Transportation, 1200
                                                methods for assessing potential                         shares this corridor with Union Pacific               New Jersey Avenue SE, W12–140,
                                                nonresponse bias, the protocols for data                Railroad (UP) running parallel for 5
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                                                                                                                                                              Washington, DC 20590.
                                                collection, and any testing procedures                  miles of the existing 15-mile long UP                    • Hand Delivery: 1200 New Jersey
                                                that were or will be undertaken prior to                Vasona Industrial Lead and serves the                 Avenue SE, Room W12–140,
                                                fielding the study. Depending on the                    cities of southwest San Jose, CA, and                 Washington, DC 20590, between 9 a.m.
                                                degree of influence the results are likely              Campbell, CA. SCVTA and the parallel                  and 5 p.m., Monday through Friday,
                                                to have, such collections may still be                  UP line share grade crossings and the                 except Federal Holidays.
                                                eligible for submission for other generic               corridor, but have no other connection.                  Communications received by July 9,
                                                mechanisms that are designed to yield                   Because SCVTA owns this 5-mile-long                   2018 will be considered by FRA before


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                                                                              Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices                                             24157

                                                final action is taken. Comments received                The GRANTS.GOV funding opportunity                    B. Federal Award Information
                                                after that date will be considered if                   ID is FTA–2018–004–TPE. Mail and fax                     Federal transit law authorizes FTA to
                                                practicable.                                            submissions will not be accepted.                     make grants for eligible comprehensive
                                                   Anyone can search the electronic                     FOR FURTHER INFORMATION CONTACT:                      planning projects under Section
                                                form of any written communications                      Benjamin Owen, FTA Office of Planning                 20005(b) of MAP–21, with funding
                                                and comments received into any of our                   and Environment, (202) 366–5602, or                   authorized by 49 U.S.C. 5338(a)(2)(B).
                                                dockets by the name of the individual                   Benjamin.Owen@dot.gov. A TDD is                       FTA intends to award all available
                                                submitting the comment (or signing the                  available at 1–800–877–8339 (TDD/                     funding to selected applicants
                                                document, if submitted on behalf of an                  FIRS).                                                responding to this NOFO.
                                                association, business, labor union, etc.).                                                                       Only proposals from eligible
                                                Under 5 U.S.C. 553(c), DOT solicits                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                              recipients for eligible activities will be
                                                comments from the public to better                      Table of Contents                                     considered for funding. FTA anticipates
                                                inform its processes. DOT posts these                                                                         minimum grant awards of $250,000 and
                                                comments, without edit, including any                   A. Program Description
                                                                                                        B. Federal Award Information                          maximum grant awards of $2,000,000.
                                                personal information the commenter                                                                            The maximum period of performance
                                                                                                        C. Eligibility Information
                                                provides, to www.regulations.gov, as                    D. Application and Submission Information             allowed for the work covered by the
                                                described in the system of records                      E. Application Review Information                     award is 36 months.
                                                notice (DOT/ALL–14 FDMS), which can                     F. Federal Award Administration
                                                be reviewed at https://                                      Information                                      C. Eligibility Information
                                                www.transportation.gov/privacy. See                     G. Federal Awarding Agency Contacts
                                                                                                                                                              1. Eligible Applicants
                                                also https://www.regulations.gov/                       H. Technical Assistance and Other Program
                                                privacyNotice for the privacy notice of                      Information                                         Applicants under the TOD Pilot
                                                regulations.gov.                                        Appendix A: Registration in SAM and                   Program must be FTA grantees (i.e.,
                                                                                                             GRANTS.GOV                                       existing direct and designated
                                                Robert C. Lauby,                                                                                              recipients) as of the publication date of
                                                                                                        A. Program Description
                                                Associate Administrator for Railroad Safety,                                                                  this NOFO. An applicant must either be
                                                Chief Safety Officer.                                      Section 20005(b) of the Moving Ahead               the project sponsor of an eligible transit
                                                [FR Doc. 2018–11079 Filed 5–23–18; 8:45 am]             for Progress in the 21st Century Act                  capital project as defined below in
                                                BILLING CODE 4910–06–P                                  (MAP–21; Pub. L. 112–141, July 6,                     section C, subsection 3 or an entity with
                                                                                                        2012), with funding authorized by 49                  land use planning authority in an
                                                                                                        U.S.C. 5338(a)(2)(B), authorizes FTA to               eligible transit capital project corridor.
                                                DEPARTMENT OF TRANSPORTATION                            award funds under the Pilot Program for               Except in cases where an applicant is
                                                                                                        Transit-Oriented Development (TOD)                    both the sponsor of an eligible transit
                                                Federal Transit Administration                          Planning (TOD Pilot Program) through a                project and has land use authority in at
                                                                                                        competitive process, as described in this             least a portion of the transit project
                                                FY 2018 Competitive Funding                             notice, to local communities to integrate
                                                Opportunity: Pilot Program for Transit-                                                                       corridor, the transit project sponsor and
                                                                                                        land use and transportation planning                  at least one entity in the project corridor
                                                Oriented Development Planning                           with a new fixed guideway or core                     with land use planning authority must
                                                AGENCY: Federal Transit Administration                  capacity improvement transit capital                  partner on the proposed comprehensive
                                                (FTA), DOT.                                             project as defined in Federal transit                 planning project. Documentation of this
                                                ACTION: Notice of Funding Opportunity                   statute. (See section C of this NOFO for              partnership must be included with the
                                                (NOFO).                                                 more information about eligibility.)                  application; see section D, subsection 2
                                                                                                           As outlined in MAP–21, the TOD                     of this NOFO for further information.
                                                SUMMARY:   The Federal Transit                          Pilot Program is intended to fund                        Only one application per transit
                                                Administration (FTA) announces the                      comprehensive planning that supports                  capital project corridor may be
                                                opportunity to apply for approximately                  economic development, ridership,                      submitted to FTA. Multiple applications
                                                $25.79 million of funding under the                     multimodal connectivity and                           submitted for a single transit capital
                                                Pilot Program for Transit-Oriented                      accessibility, increased transit access for           project corridor indicate that
                                                Development Planning (Catalog of                        pedestrian and bicycle traffic, and                   partnerships are not in place and FTA
                                                Federal Domestic Assistance #20.500).                   mixed-use development near transit                    will reject all of the applications.
                                                As required by federal transit law and                  stations. The TOD Pilot Program also
                                                subject to funding availability, funds                  encourages identification of                          2. Cost Sharing or Matching
                                                will be awarded competitively to                        infrastructure needs and engagement                      The maximum Federal funding share
                                                support comprehensive planning                          with the private sector.                              is 80 percent.
                                                associated with new fixed guideway and                     Consistent with direction in MAP–21,                  Eligible sources of local match
                                                core capacity improvement projects.                     FTA is seeking comprehensive planning                 include the following: Cash from non-
                                                DATES: Complete proposals must be                       projects covering an entire transit                   Government sources other than
                                                submitted electronically through the                    capital project corridor, rather than                 revenues from providing public
                                                GRANTS.GOV ‘‘APPLY’’ function by                        proposals that involve planning for                   transportation services; revenues
                                                11:59 p.m. EDT July 23, 2018.                           individual station areas or only a small              derived from the sale of advertising and
                                                Prospective applicants should initiate                  section of the corridor. To ensure any                concessions; amounts received under a
                                                the process by registering on the                       proposed planning work reflects the                   service agreement with a State or local
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                                                GRANTS.GOV website promptly to                          needs and aspirations of the local                    social service agency or private social
                                                ensure completion of the application                    community and results in concrete,                    service organization; revenues generated
                                                process before the submission deadline.                 specific deliverables and outcomes,                   from value capture financing
                                                Instructions for applying can be found                  transit project sponsors must partner                 mechanisms; or funds from an
                                                on FTA’s website at https://                            with entities with land use planning                  undistributed cash surplus; replacement
                                                www.transit.dot.gov/TODPilot and in                     authority in the transit project corridor             or depreciation cash fund or reserve; or
                                                the ‘‘FIND’’ module of GRANTS.GOV.                      to conduct the planning work.                         new capital. In-kind contributions are


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Document Created: 2018-05-24 00:05:44
Document Modified: 2018-05-24 00:05:44
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 24156 

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