83_FR_26650 83 FR 26540 - Petition for Waiver of Compliance

83 FR 26540 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 110 (June 7, 2018)

Page Range26540-26541
FR Document2018-12224

Federal Register, Volume 83 Issue 110 (Thursday, June 7, 2018)
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Pages 26540-26541]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12224]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0048]


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 25, 2018, the Santa 
Clara Valley Transportation Authority (SCVTA) and the American 
Federation of State, County and Municipal Employees (AFSCME) petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal hours of service laws contained 
at 49 U.S.C. 21105, which in part prohibit a dispatching service 
employee from being on duty for more than a total of 9 hours during a 
24-hour period. FRA assigned the petition Docket Number FRA-2018-0048.
    Specifically, Petitioners seek approval of a pilot project under 49 
U.S.C. 21108, which allows railroads and labor organizations to jointly 
petition for a waiver of compliance from the hours of service laws to 
enable the establishment of a pilot project. The proposed pilot project 
would permit a 4-day, 10 hours-per-day work week for the affected 
employees, ``the controllers'' on the SCVTA system. Petitioners allege 
the pilot project will enhance safety of operations due to the 
increased flexibility in terms of staff assignments and covering 
unanticipated occurrences on the system, be beneficial to morale, and 
will provide more flexibility in arranging for ongoing training for 
employees without having to ask them to sacrifice days off from work.
    Petitioners explain that SCVTA is a public agency, with light rail 
transit operations on three lines, including the Vasona Corridor, which 
shares a corridor and grade crossings, but not tracks, with Union 
Pacific Railroad Company (UP). AFSCME is the authorized collective 
bargaining representative for the controllers, the employees on the 
SCVTA system that dispatch SCVTA light rail trains. UP train crews 
contact the SCVTA Operating Control Center prior to operating in the 
shared corridor, but SCVTA controllers do not otherwise communicate 
directly with UP train crews, nor do they share a radio frequency with 
UP.
    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 23, 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

[[Page 26541]]

notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.


    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-12224 Filed 6-6-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                26540                          Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices

                                                Transportation (Caltrans) assumed,                      regulations implementing Executive                     dispatch SCVTA light rail trains. UP
                                                environmental responsibilities for this                 Order 12372 regarding                                  train crews contact the SCVTA
                                                project pursuant to 23 U.S.C. 327.                      intergovernmental consultation on                      Operating Control Center prior to
                                                Notice is hereby given that the Caltrans,               Federal programs and activities apply to               operating in the shared corridor, but
                                                have taken final agency actions subject                 this program.                                          SCVTA controllers do not otherwise
                                                to 23 U.S.C. 139(l)(1) by issuing                         Authority: 23 U.S.C. 139(l)(1).                      communicate directly with UP train
                                                licenses, permits, and approvals for the                                                                       crews, nor do they share a radio
                                                following highway project in the State                  Matt Schmitz,                                          frequency with UP.
                                                of California: Caltrans, in cooperation                 Director, Project Delivery, FHWA—CA                       A copy of the petition, as well as any
                                                with Metro, proposes to construct an                    Division.                                              written communications concerning the
                                                elevated off-ramp structure on the NB I–                [FR Doc. 2018–12235 Filed 6–6–18; 8:45 am]             petition, is available for review online at
                                                110 between 30th St. and Figueroa St.                   BILLING CODE 4910–RY–P                                 www.regulations.gov and in person at
                                                Overcrossing in the City of Los Angeles.                                                                       the U.S. Department of Transportation’s
                                                The proposed structure would bypass                                                                            (DOT) Docket Operations Facility, 1200
                                                the bottleneck intersections at Flower                  DEPARTMENT OF TRANSPORTATION                           New Jersey Avenue SE, W12–140,
                                                St. and Adams Blvd. and NB I–110 HOT                                                                           Washington, DC 20590. The Docket
                                                off-ramp to Adams Blvd., connecting the                 Federal Railroad Administration                        Operations Facility is open from 9 a.m.
                                                HOT lane traffic to Figueroa St. The                    [Docket Number FRA–2018–0048]                          to 5 p.m., Monday through Friday,
                                                structure would be approximately 1400                                                                          except Federal Holidays.
                                                feet in length with two standard lanes                  Petition for Waiver of Compliance                         Interested parties are invited to
                                                (twelve feet in width) and a four-foot                                                                         participate in these proceedings by
                                                                                                           Under part 211 of Title 49 Code of                  submitting written views, data, or
                                                left shoulder as well as eight-foot right               Federal Regulations (CFR), this
                                                shoulder will be provided. All new                                                                             comments. FRA does not anticipate
                                                                                                        document provides the public notice                    scheduling a public hearing in
                                                structures will be within State right of                that on May 25, 2018, the Santa Clara
                                                way; minimal right of way acquisition                                                                          connection with these proceedings since
                                                                                                        Valley Transportation Authority                        the facts do not appear to warrant a
                                                will be required for maintenance,                       (SCVTA) and the American Federation
                                                ingress/egress, access control, and                                                                            hearing. If any interested parties desire
                                                                                                        of State, County and Municipal                         an opportunity for oral comment and a
                                                setback purposes as well as emergency                   Employees (AFSCME) petitioned the
                                                services access. The actions by the                                                                            public hearing, they should notify FRA,
                                                                                                        Federal Railroad Administration (FRA)                  in writing, before the end of the
                                                Federal agencies, and the laws under                    for a waiver of compliance from certain
                                                which such actions were taken, are                                                                             comment period and specify the basis
                                                                                                        provisions of the Federal hours of                     for their request.
                                                described in the Final Finding of No                    service laws contained at 49 U.S.C.
                                                Significant Impact (FONSI) for the                                                                                All communications concerning these
                                                                                                        21105, which in part prohibit a                        proceedings should identify the
                                                project, approved on April 24, 2018.                    dispatching service employee from
                                                The Caltrans FONSI can accessed at the                                                                         appropriate docket number and may be
                                                                                                        being on duty for more than a total of                 submitted by any of the following
                                                following link http://www.dot.ca.gov/                   9 hours during a 24-hour period. FRA
                                                dist07/resources/envdocs/, or viewed at                                                                        methods:
                                                public libraries in the project area.
                                                                                                        assigned the petition Docket Number                       • Website: http://
                                                                                                        FRA–2018–0048.                                         www.regulations.gov. Follow the online
                                                   This notice applies to all Federal                      Specifically, Petitioners seek approval
                                                agency decisions as of the issuance date                                                                       instructions for submitting comments.
                                                of this notice and all laws under which
                                                                                                        of a pilot project under 49 U.S.C. 21108,                 • Fax: 202–493–2251.
                                                                                                        which allows railroads and labor                          • Mail: Docket Operations Facility,
                                                such actions were taken, including but                  organizations to jointly petition for a                U.S. Department of Transportation, 1200
                                                not limited to:                                         waiver of compliance from the hours of                 New Jersey Avenue SE, W12–140,
                                                  (1) Council on Environmental Quality                  service laws to enable the establishment               Washington, DC 20590.
                                                regulations;                                            of a pilot project. The proposed pilot                    • Hand Delivery: 1200 New Jersey
                                                  (2) National Environmental Policy Act                 project would permit a 4-day, 10 hours-                Avenue SE, Room W12–140,
                                                (NEPA);                                                 per-day work week for the affected
                                                  (3) Moving Ahead for Progress in the 21st
                                                                                                                                                               Washington, DC 20590, between 9 a.m.
                                                Century Act (MAP–21);
                                                                                                        employees, ‘‘the controllers’’ on the                  and 5 p.m., Monday through Friday,
                                                  (4) Department of Transportation Act of               SCVTA system. Petitioners allege the                   except Federal Holidays.
                                                1966;                                                   pilot project will enhance safety of                      Communications received by July 23,
                                                  (5) Federal Aid Highway Act of 1970;                  operations due to the increased                        2018 will be considered by FRA before
                                                  (6) Clean Air Act Amendments of 1990;                 flexibility in terms of staff assignments              final action is taken. Comments received
                                                  (7) Noise Control Act of 1970;                        and covering unanticipated occurrences                 after that date will be considered if
                                                  (8) 23 CFR part 772 FHWA Noise                        on the system, be beneficial to morale,                practicable.
                                                Standards, Policies and Procedures;                     and will provide more flexibility in                      Anyone can search the electronic
                                                  (9) Department of Transportation Act of               arranging for ongoing training for                     form of any written communications
                                                1966, Section 4(f);
                                                                                                        employees without having to ask them                   and comments received into any of our
                                                  (10) Clean Water Act of 1977 and 1987;
                                                  (11) Endangered Species Act of 1973;                  to sacrifice days off from work.                       dockets by the name of the individual
                                                  (12) Migratory Bird Treaty Act;                          Petitioners explain that SCVTA is a                 submitting the comment (or signing the
                                                  (13) National Historic Preservation Act of            public agency, with light rail transit                 document, if submitted on behalf of an
                                                                                                        operations on three lines, including the               association, business, labor union, etc.).
sradovich on DSK3GMQ082PROD with NOTICES




                                                1966, as amended;
                                                  (14) Historic Sites Act of 1935; and,                 Vasona Corridor, which shares a                        Under 5 U.S.C. 553(c), DOT solicits
                                                  (15) Executive Order 13112, Invasive                  corridor and grade crossings, but not                  comments from the public to better
                                                Species.                                                tracks, with Union Pacific Railroad                    inform its processes. DOT posts these
                                                  (16) Title VI of the Civil Rights Act of 1964         Company (UP). AFSCME is the                            comments, without edit, including any
                                                Catalog of Federal Domestic Assistance                  authorized collective bargaining                       personal information the commenter
                                                Program Number 20.205, Highway                          representative for the controllers, the                provides, to www.regulations.gov, as
                                                Planning and Construction. The                          employees on the SCVTA system that                     described in the system of records


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                                                                               Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices                                            26541

                                                notice (DOT/ALL–14 FDMS), which can                     with the National Environmental Policy                 DEPARTMENT OF TRANSPORTATION
                                                be reviewed at https://                                 Act (NEPA) and in other documents in
                                                www.transportation.gov/privacy. See                     the FTA administrative record for the                  Pipeline and Hazardous Materials
                                                also https://www.regulations.gov/                       project. Interested parties may contact                Safety Administration
                                                privacyNotice for the privacy notice of                 either the project sponsor or the FTA                  [Docket No. PHMSA–2018–0021]
                                                regulations.gov.                                        Regional Office for more information.
                                                  Issued in Washington, DC.                             Contact information for FTA’s Regional                 Pipeline Safety: Information Collection
                                                                                                        Offices may be found at https://                       Activities
                                                Robert C. Lauby,
                                                                                                        www.fta.dot.gov.                                       AGENCY: Pipeline and Hazardous
                                                Associate Administrator for Railroad Safety,
                                                Chief Safety Officer.                                      This notice applies to all FTA                      Materials Safety Administration
                                                [FR Doc. 2018–12224 Filed 6–6–18; 8:45 am]              decisions on the listed project as of the              (PHMSA), DOT.
                                                BILLING CODE 4910–06–P                                  issuance date of this notice and all laws              ACTION: Notice and request for
                                                                                                        under which such actions were taken,                   comments.
                                                                                                        including NEPA [42 U.S.C. 4321–4375],
                                                DEPARTMENT OF TRANSPORTATION                            Section 4(f) requirements [23 U.S.C.                   SUMMARY:   On March 26, 2018, in
                                                                                                        138, 49 U.S.C. 303], Section 106 of the                accordance with the Paperwork
                                                Federal Transit Administration                                                                                 Reduction Act of 1995, the Pipeline and
                                                                                                        National Historic Preservation Act [16
                                                                                                                                                               Hazardous Materials Safety
                                                Limitation on Claims Against Proposed                   U.S.C. 470f], and the Clean Air Act [42
                                                                                                                                                               Administration (PHMSA) published a
                                                Public Transportation Projects                          U.S.C. 7401–7671q]. This notice does
                                                                                                                                                               notice in the Federal Register (83 FR
                                                                                                        not, however, alter or extend the                      13004) inviting comments on three
                                                AGENCY: Federal Transit Administration                  limitation period for challenges of                    information collections identified by
                                                (FTA), DOT.                                             project decisions subject to previous                  Office of Management and Budget
                                                ACTION: Notice.                                         notices published in the Federal                       (OMB) control numbers 2137–0048,
                                                                                                        Register. The project and action that is               2137–0600, and 2137–0618 that expire
                                                SUMMARY:    This notice announces final                 the subject of this notice follow:
                                                environmental actions taken by the                                                                             this Summer. PHMSA is requesting an
                                                Federal Transit Administration (FTA)                       Project name and location: Southwest                extension with no change for these
                                                for a project extending the METRO                       Light Rail Transit Project (LRT),                      information collections.
                                                                                                        Minneapolis to Eden Prairie, Minnesota                   During the public comment period,
                                                Green Line from downtown
                                                                                                        (METRO Green Line Extension). Project                  PHMSA received no comments in
                                                Minneapolis through the communities
                                                                                                        Sponsor: The Metropolitan Council                      response to the information collections.
                                                of St. Louis Park, Hopkins, Minnetonka,
                                                                                                        (Council). Project description: The                    PHMSA received 10 comments that did
                                                and Eden Prairie, passing near Edina,
                                                                                                        project is approximately 14.5 miles of                 not pertain to the information collection
                                                Minnesota. The purpose of this notice is
                                                                                                        new double-track light rail transit to                 requests. PHMSA is publishing this
                                                to announce publicly the environmental
                                                                                                        extend the METRO Green Line from                       notice to provide the public with an
                                                decisions by FTA on the subject project
                                                                                                        downtown Minneapolis through the                       additional 30 days to comment on the
                                                and to activate the limitation on any
                                                                                                        communities of St. Louis Park, Hopkins,                renewal of the information collections
                                                claims that may challenge this final
                                                                                                        Minnetonka, and Eden Prairie, passing                  referenced above and to announce that
                                                environmental action.
                                                                                                        close to Edina. The Final Environmental                the information collection requests will
                                                DATES: By this notice, FTA is advising                                                                         be submitted to OMB for approval.
                                                the public of final agency actions                      Impact Statement (EIS) and Record of
                                                                                                        Decision (ROD) for the Southwest LRT                   DATES: Interested persons are invited to
                                                subject to Section 139(l) of Title 23,                                                                         submit comments on or before July 9,
                                                United States Code (U.S.C.). A claim                    Project was issued in May and July
                                                                                                        2016, respectively. A Supplemental                     2018 to be assured of consideration.
                                                seeking judicial review of FTA actions
                                                                                                        Environmental Assessment (EA) was                      FOR FURTHER INFORMATION CONTACT:
                                                announced herein for the listed public
                                                transportation project will be barred                   issued in February 2018 to address and                 Angela Dow by telephone at 202–366–
                                                unless the claim is filed on or before                  incorporate 10 design modifications that               1246, by email at angela.dow@dot.gov,
                                                November 5, 2018.                                       were identified during the final design                by fax at 202–366–4566, or by mail at
                                                                                                        and permitting processes, leading to the               U.S. Department of Transportation,
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        preparation of an Amended ROD.                         PHMSA, 1200 New Jersey Avenue SE,
                                                Nancy-Ellen Zusman, Assistant Chief                                                                            PHP–30, Washington, DC 20590–0001.
                                                Counsel, Office of Chief Counsel, (312)                    Final agency actions: Amended
                                                                                                                                                               ADDRESSES: You may submit comments
                                                353–2577, or Alan Tabachnick,                           Section 4(f) determination dated
                                                                                                                                                               identified by the docket number
                                                Environmental Protection Specialist,                    February 2018; Section 106 finding of
                                                                                                                                                               PHMSA–2018–0021 by any of the
                                                Office of Environmental Programs, (202)                 adverse effect dated April 18, 2018;
                                                                                                                                                               following methods:
                                                366–8541. FTA is located at 1200 New                    Section 106 Memorandum of Agreement                      • Fax: 1–202–395–5806.
                                                Jersey Avenue SE, Washington, DC                        dated June 2016; project-level air quality               • Mail: Office of Information and
                                                20590. Office hours are from 9:00 a.m.                  conformity, and an Amended Record of                   Regulatory Affairs, Records
                                                to 5:00 p.m., Monday through Friday,                    Decision dated May 15, 2018.                           Management Center, Room 10102
                                                except Federal holidays.                                Supporting documentation: Southwest                    NEOB, 725 17th Street NW,
                                                SUPPLEMENTARY INFORMATION: Notice is                    LRT Project Supplemental EA and                        Washington, DC 20503, ATTN: Desk
                                                hereby given that FTA has taken final                   Amended Draft Section 4(f) Evaluation
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               Officer for the U.S. Department of
                                                agency action by issuing a certain                      dated February 2018.                                   Transportation\PHMSA.
                                                approval for the public transportation                                                                           • Email: Office of Information and
                                                project listed below. The actions on the                Elizabeth S. Riklin,
                                                                                                                                                               Regulatory Affairs, OMB, at the
                                                project, as well as the laws under which                Deputy Associate Administrator for Planning            following email address: OIRA_
                                                such actions were taken, are described                  and Environment.                                       Submission@omb.eop.gov.
                                                in the documentation issued in                          [FR Doc. 2018–12238 Filed 6–6–18; 8:45 am]               Requests for a copy of the information
                                                connection with the project to comply                   BILLING CODE P                                         collections should be directed to Angela


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Document Created: 2018-06-07 00:50:08
Document Modified: 2018-06-07 00:50:08
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 26540 

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