83 FR 25733 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 83, Issue 107 (June 4, 2018)
Federal Railroad Administration
Federal Register Volume 83, Issue 107 (June 4, 2018)
| Page Range | 25733-25734 | |
| FR Document | 2018-11886 |
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)] [Notices] [Pages 25733-25734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11886] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2018-0033] Petition for Waiver of Compliance Under part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that on March 30, 2018, Michigan State Trust for Railway Preservation, Inc. (MSTP) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR 240.201(d). FRA assigned the petition Docket Number FRA-2018- 0033. MSTP seeks a waiver of compliance from 49 CFR 240.201(d) which states, ``After December 31, 1991, no railroad shall permit or require any person to operate a locomotive in any class of locomotive or train service unless that person has been certified as a qualified locomotive engineer and issued a certificate that complies with Sec. 240.223.'' MSTP desires to conduct a ``Hands on the Throttle Program,'' which would allow ``non-certified'' individuals to operate a locomotive as a ``Student Locomotive Engineer.'' MSTP is a non-profit educational corporation which owns and operates steam locomotives. The organization is located at the steam locomotive repair facility in Owosso, Michigan, and connected to the tracks of the Great Lakes Central Railway (GLC). The MSTP does not own or control any trackage, except for the track leads going to the repair shop building and museum. As proposed, MSTP will verify that each participant possesses a valid state issued motor vehicle license, and will have a certified locomotive engineer in the cab at all times. The operations will be conducted on GLC designated tracks during daylight hours with only one locomotive movement at a time, operate at restricted speed, communication will be maintained through the GCL dispatcher, and be afforded blue flag and derail protection. The locomotive will be inspected daily, receive a new brake test per participant, and public highway grade crossings will not be involved. MSTP believes that this waiver will enable it to generate needed interest and revenue to teach steam technology to future generations. MSTP also believes these operations will not pose any safety concerns to the public at large. 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 Ave. 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 19, 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 [[Page 25734]] 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. 2018-11886 Filed 6-1-18; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices 25733
qualitative customer and stakeholder years. Therefore, the estimated total brake test per participant, and public
feedback in an efficient, timely manner, annual burden is 5,200 hours. highway grade crossings will not be
in accordance with the Administration’s Authority: The Paperwork Reduction Act involved. MSTP believes that this
commitment to improving service of 1995; 44 U.S.C. Chapter 35, as amended; waiver will enable it to generate needed
delivery. By qualitative feedback we and 49 CFR 1.48. interest and revenue to teach steam
mean information that provides useful technology to future generations. MSTP
Issued on: May 25, 2018.
insights on perceptions and opinions, also believes these operations will not
Michael Howell,
but are not statistical surveys that yield pose any safety concerns to the public
quantitative results that can be Information Collection Officer. at large.
generalized to the population of study. [FR Doc. 2018–11899 Filed 6–1–18; 8:45 am] A copy of the petition, as well as any
This feedback will provide insights into BILLING CODE 4910–22–P written communications concerning the
customer or stakeholder perceptions, petition, is available for review online at
experiences and expectations, provide www.regulations.gov and in person at
an early warning of issues with service, DEPARTMENT OF TRANSPORTATION the U.S. Department of Transportation’s
or focus attention on areas where (DOT) Docket Operations Facility, 1200
Federal Railroad Administration New Jersey Ave. SE, W12–140,
communication, training or changes in
operations might improve delivery of [Docket Number FRA–2018–0033] Washington, DC 20590. The Docket
products or services. These collections Operations Facility is open from 9 a.m.
will allow for ongoing, collaborative and Petition for Waiver of Compliance to 5 p.m., Monday through Friday,
actionable communications between the except Federal Holidays.
Under part 211 of Title 49 of the Code Interested parties are invited to
Agency and its customers and of Federal Regulations (CFR), this
stakeholders. It will also allow feedback participate in these proceedings by
provides the public notice that on submitting written views, data, or
to contribute directly to the March 30, 2018, Michigan State Trust
improvement of program management. comments. FRA does not anticipate
for Railway Preservation, Inc. (MSTP) scheduling a public hearing in
Feedback collected under this generic petitioned the Federal Railroad
clearance will provide useful connection with these proceedings since
Administration (FRA) for a waiver of the facts do not appear to warrant a
information, but it will not yield data compliance from certain provisions of
that can be generalized to the overall hearing. If any interested parties desire
the Federal railroad safety regulations an opportunity for oral comment and a
population. This type of generic contained at 49 CFR 240.201(d). FRA
clearance for qualitative information public hearing, they should notify FRA,
assigned the petition Docket Number in writing, before the end of the
will not be used for quantitative FRA–2018–0033.
information collections that are comment period and specify the basis
MSTP seeks a waiver of compliance for their request.
designed to yield reliably actionable from 49 CFR 240.201(d) which states, All communications concerning these
results, such as monitoring trends over ‘‘After December 31, 1991, no railroad proceedings should identify the
time or documenting program shall permit or require any person to appropriate docket number and may be
performance. Such data uses require operate a locomotive in any class of submitted by any of the following
more rigorous designs that address: The locomotive or train service unless that methods:
target population to which person has been certified as a qualified • Website: http://
generalizations will be made, the locomotive engineer and issued a www.regulations.gov. Follow the online
sampling frame, the sample design certificate that complies with instructions for submitting comments.
(including stratification and clustering), § 240.223.’’ MSTP desires to conduct a • Fax: 202–493–2251.
the precision requirements or power ‘‘Hands on the Throttle Program,’’ • Mail: Docket Operations Facility,
calculations that justify the proposed which would allow ‘‘non-certified’’ U.S. Department of Transportation, 1200
sample size, the expected response rate, individuals to operate a locomotive as a New Jersey Avenue SE, W12–140,
methods for assessing potential non- ‘‘Student Locomotive Engineer.’’ Washington, DC 20590.
response bias, the protocols for data MSTP is a non-profit educational • Hand Delivery: 1200 New Jersey
collection, and any testing procedures corporation which owns and operates Avenue SE, Room W12–140,
that were or will be undertaken prior to steam locomotives. The organization is Washington, DC 20590, between 9 a.m.
fielding the study. Depending on the located at the steam locomotive repair and 5 p.m., Monday through Friday,
degree of influence the results are likely facility in Owosso, Michigan, and except Federal Holidays.
to have, such collections may still be connected to the tracks of the Great Communications received by July 19,
eligible for submission for other generic Lakes Central Railway (GLC). The MSTP 2018 will be considered by FRA before
mechanisms that are designed to yield does not own or control any trackage, final action is taken. Comments received
quantitative results. Below we provide except for the track leads going to the after that date will be considered if
FHWA’s projected average estimates for repair shop building and museum. practicable. Anyone can search the
the next three years: As proposed, MSTP will verify that electronic form of any written
Respondents: State and local each participant possesses a valid state communications and comments
governments, highway industry issued motor vehicle license, and will received into any of our dockets by the
organizations, and the general public. have a certified locomotive engineer in name of the individual submitting the
Estimated Average Annual Burden: the cab at all times. The operations will comment (or signing the document, if
The burden hours per response will be conducted on GLC designated tracks submitted on behalf of an association,
sradovich on DSK3GMQ082PROD with NOTICES
vary with each survey; however, we during daylight hours with only one business, labor union, etc.). Under 5
estimate an average burden of 15 locomotive movement at a time, operate U.S.C. 553(c), DOT solicits comments
minutes for each survey. at restricted speed, communication will from the public to better inform its
Estimated Total Annual Burden be maintained through the GCL processes. DOT posts these comments,
Hours: We estimate that FHWA will dispatcher, and be afforded blue flag without edit, including any personal
survey approximately 21,000 and derail protection. The locomotive information the commenter provides, to
respondents annually during the next 3 will be inspected daily, receive a new www.regulations.gov, as described in
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![25734 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices
the system of records notice (DOT/ALL– Avenue SE, West Building, Room W12– mission efficiency and support. The
14 FDMS), which can be reviewed at 140, Washington, DC 20590, between 9 collection also helps ensure that State
https://www.transportation.gov/privacy. a.m. and 5 p.m., Monday through and local recipients that let federally
See also https://www.regulations.gov/ Friday, except on Federal holidays. funded contracts carry out their
privacyNotice for the privacy notice of FOR FURTHER INFORMATION CONTACT: Mr. mandated responsibility to ensure that
regulations.gov. Marc Pentino, Departmental Office of only eligible small businesses owned
Civil Rights, Office of the Secretary, U.S. and controlled by socially and
Robert C. Lauby,
Department of Transportation, 1200 economically disadvantaged individuals
Associate Administrator for Railroad Safety, may compete for such contracts as a
Chief Safety Officer.
New Jersey Avenue SE, Washington, DC
20590, (202) 366–6968, or at DBE.
[FR Doc. 2018–11886 Filed 6–1–18; 8:45 am]
marc.pentino@dot.gov. The Department anticipates making
BILLING CODE 4910–06–P minor editorial corrections to the forms
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2105–0510. published in the Code of Federal
Title: Disadvantaged Business Regulations; and is seeking public
DEPARTMENT OF TRANSPORTATION Enterprise Program Collections. comment on helping us identify any
[Docket No. DOT–OST–2018–0075] Form Numbers: Not applicable. errors to enhance the quality of the
Type of Review: Renewal of an collection and program integrity.
Agency Request for Renewal of a information collection.
Previously Approved Information Background: DOT’s DBE program is Uniform Report of DBE Awards/
Collection(s): Disadvantaged Business mandated by statute, including Section Commitments and Payments
Enterprise Program Collections 1101(b) of the Fixing America’s Surface Respondents: DOT financially-
Transportation Act (FAST Act) (Pub. L. assisted State and local transportation
AGENCY: Office of the Secretary, DOT. 114–94) and 49 U.S.C. 47113. The agencies.
ACTION: Notice and request for Department’s final regulations Number of Respondents: 1,250.
comments. implementing these statutes are 49 CFR Frequency: Once/twice a year.
SUMMARY: The Department of parts 23 and 26. The program is Number of Responses: One/two.
Transportation (DOT) invites public implemented by recipients of DOT Total Annual Burden: 9,000 hours.
comments about our intention to request financial assistance (State highway
agencies, transit authorities, and Uniform Certification Application Form
the Office of Management and Budget
(OMB) approval to renew information airports). Respondents: Firms applying to be
The ‘‘Uniform Report of DBE Awards certified as DBEs.
collections associated with DOT’s
or Commitments and Payments’’ is Number of Respondents: 9,500.
Disadvantaged Business Enterprise
necessary for the Department to be able Frequency: Once during initial
(DBE) program. These collections are:
to carry out its oversight certification.
Uniform Report of DBE Awards or
responsibilities. It implements statutory Number of Responses: One.
Commitments and Payments, the
reporting requirements and 49 CFR Total Annual Burden: 76,000 hours.
Uniform Certification Application Form,
26.11, and 26.47.
Annual Affidavit of No Change, DOT The ‘‘Uniform Certification Annual Affidavit of No Change
Personal Net Worth Form, and Application Form’’ is necessary to Respondents: Certified DBEs.
Reporting Requirements for Percentages implement 49 CFR 26.83(c)(2) and Number of Respondents:
of DBEs in Various Categories. All five determine whether a particular firm Approximately 38,338 certified DBE
collections were previously approved qualifies for certification as a DBE. firms.
under one OMB Control Number to The ‘‘Annual Affidavit of No Change’’ Frequency: Once per year.
allow DOT to more efficiently is mandated under 49 CFR 26.83(j) and Number of Responses: One.
administer the DBE program. The is necessary to ensure the integrity of Total Annual Burden: 57,507 hours.
information to be collected is necessary the DBE program that requires DBEs
because it helps to ensure that State and annually state that they remain eligible Personal Net Worth Form
local recipients that let federally funded for the program. Respondents: Certified DBEs and
contracts carry out their mandated The ‘‘Personal Net Worth Form’’ is firms applying to be DBEs.
responsibility to provide a level playing necessary to implement the requirement Number of Respondents: 9,500.
field for small businesses owned and found in 49 CFR 26.67(a)(2) that a firm Frequency: Once per year.
controlled by socially and economically applying for DBE status must certify that Number of Responses: One.
disadvantaged individuals. We are the personal net worth of the owners Total Annual Burden: 19,000 hours.
required to publish this notice in the does not exceed the current maximum
Federal Register by the Paperwork Percentage of DBEs in Various
threshold.
Reduction Act of 1995. The ‘‘Percentages of DBEs in Various Categories
DATES: Written comments should be Categories’’ collection is necessary to Respondents: States (through their
submitted by August 3, 2018. implement a long-standing statutory UCPs).
ADDRESSES: You may submit comments requirement calling on States to report Number of Respondents: 53 (50 states,
[identified by Docket No. DOT–OST– annually, a list of small businesses plus the District of Columbia, Puerto
2018–0075] through one of the certified as DBEs that are owned and Rico, and the Virgin Islands).
Frequency: Once per year.
sradovich on DSK3GMQ082PROD with NOTICES
following methods: controlled by socially and economically
• Federal eRulemaking Portal: http:// disadvantaged individuals, most Number of Responses: One.
www.regulations.gov. Follow the online recently included at section Total Annual Burden: 161.6 hours.
instructions for submitting comments. 1101(b)(4)(A) and (B) of the FAST Act. Public Comments Invited: You are
• Fax: 1–202–493–2251. Submission of this information will also asked to comment on any aspect of this
• Mail or Hand Delivery: Docket satisfy 49 CFR 26.11(e). information collection, including (a)
Management Facility, U.S. Department The information collections support Whether the proposed collection of
of Transportation, 1200 New Jersey one of DOT’s strategic objectives of information is necessary for the
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Document Created: 2018-06-02 00:47:36
Document Modified: 2018-06-02 00:47:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 25733 |
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