83 FR 36667 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 146 (July 30, 2018)

Page Range		36667-36668
FR Document		2018-16212

Federal Register, Volume 83 Issue 146 (Monday, July 30, 2018)

[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36667-36668]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16212]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0052]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that by letter dated June 4, 2018, Norfolk 
Southern Railway (NS) petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR part 236. FRA assigned 
the petition Docket Number FRA-2018-0052.
    NS seeks a waiver of compliance from cab signal system requirements 
found in 49 CFR 236.566, Locomotive of each train operating in train 
stop, train control, or cab signal territory; equipped. Specifically, 
NS seeks relief to operate non-equipped locomotives in

[[Page 36668]]

the following locations: Operations on the Conemaugh Line, Pittsburg 
Division, from control point (CP) Kiski at milepost (MP)-LC 47.8 near 
Freeport, PA to CP Pennnear near Pittsburgh, PA at MP-LC 77.9, with an 
absolute block to be established in advance of each non-equipped 
movement and covering the following operations:
    (a) Work Trains, Wreck Trains and Ballast cleaners to and from 
work.
    (b) Engines and rail diesel cars moving to and from shops.
    (c) Engines used in switching and transfer service, with or without 
cars, operating at Restricted Speed not exceeding 15 miles per hour.
    NS provides the following justification for relief. First, NS 
states that ``relief is in the public interest,'' and is ``important to 
maintaining efficient rail operations in the region.'' Second, NS 
explains exemptions have been granted for the ``operation of non-
equipped locomotives in cab signal system territory at nearby locations 
on the NS and the relief requested'' is a ``consistent extension of 
those currently granted exceptions.'' Moreover, NS states this waiver 
would update relief previously granted regarding Ex Parte No. 171 by 
the Interstate Commerce Commission at 286 I. C. C. 709. Finally, NS 
contends ``the requested relief will not have a negative material 
impact on safety.''
    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 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 party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC 
20590.
    Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by September 13, 2018 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). In 
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 
to better inform its processes. DOT posts these comments, without edit, 
including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dotransportation.gov/privacy. See also http://www.regulations.gov/#!privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Safety, Chief Safety Officer.
[FR Doc. 2018-16212 Filed 7-27-18; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 36667

will therefore not be repeated. Virginia of the exemption for a 5-year period is laws and regulations that conflict with
has established its own SPE program granted. or are inconsistent with the exemption.
that is essentially identical to the Consequently, FMCSA has concluded The decision to grant Virginia’s request
current FMCSA SPE program to include that renewing the exemption allows the amounts to automatic Federal
an application process modeled on the Virginia SPE program to achieve the ratification of the State issued SPE
FMCSA process. In addition, State level of safety required by 49 U.S.C. Certificate and therefore prohibits other
personnel who have completed SPE 31315. jurisdictions from requiring a separate
training identical to that of FMCSA If a Virginia-licensed driver would FMCSA-issued SPE. The State-issued
personnel currently administer the SPE prefer not to opt for the streamlined SPE certificate must be treated as if it had
program and conduct the skill process, the driver may still apply for an been issued by FMCSA. Virginia-
evaluation according to the same FMCSA-issued SPE. However, FMCSA licensed drivers who receive the State-
procedures and testing criteria used by may still exercise its discretion and call issued SPE are allowed to operate CMVs
FMCSA. If the driver passes the skill upon Virginia DMV to provide in interstate commerce anywhere in the
evaluation, the State issues the SPE assistance in conducting the road United States.
Certificate. Virginia maintains records of evaluation needed to complete an SPE
application, depending on the volume VI. Conclusion
applications, testing, and certificates
issued, which are available, as required, of applications. Virginia has consistently maintained
for periodic review by FMCSA. On the statutory exemption requirements
IV. Conditions and Requirements:
behalf of CMV drivers licensed in the associated with the Skill Performance
Commonwealth of Virginia, the State The FMCSA grants the renewal of the Evaluation Certificate program.
requested renewal of the exemption exemption to allow the Virginia DMV to Therefore, in accordance with 49 U.S.C.
from 49 CFR 391.49 concerning conduct SPE’s on drivers who have 31136(e) and 31315, this exemption will
FMCSA’s SPE Certificate process for experienced an impairment or loss of a be valid for five years unless revoked
drivers who have experienced an limb and are licensed in the earlier by FMCSA.
impairment or loss of a limb. Commonwealth of Virginia. The The Agency does not intend its
following terms and conditions apply to decision to pressure other States to take
II. Request for Comments the State and any drivers who receive a action to implement State-run SPE
Interested parties or organizations State-issued SPE certificate: programs. Virginia is the first State to
possessing information that would • Virginia must establish and submit an application on behalf of its
otherwise show that granting this maintain its own SPE program that is drivers to provide an alternative to the
exemption is not currently achieving the essentially identical to the current Federal SPE process. Other States are
statutory level of safety should FMCSA program. welcome to make similar applications if
• The State must maintain an they believe it is appropriate to do so
immediately notify FMCSA. The
application process modeled on the and they have the resources to meet
Agency will evaluate any adverse
FMCSA process and submit information terms and conditions comparable to
evidence submitted and, if safety is
concerning the application process to those provided in this exemption.
being compromised or if continuation of
FMCSA’s Medical Programs Division for
the exemption would not be consistent Issued on: July 24, 2018.
review, as required.
with the goals and objectives of 49 • State personnel who conduct the Raymond P. Martinez,
U.S.C. 31136(e) and 31315, FMCSA will skill test must complete SPE training Administrator.
take immediate steps to revoke the identical to that of FMCSA personnel [FR Doc. 2018–16225 Filed 7–27–18; 8:45 am]
Virginia DMV exemption. currently administering the Federal SPE BILLING CODE 4910–EX–P
III. Basis for Renewing Exemption program.
• The skill evaluation and scoring for
The Agency’s decision regarding this the SPE must be done using the same DEPARTMENT OF TRANSPORTATION
exemption is based on the fact that procedures and testing criteria used by
Virginia’s SPE program is essentially FMCSA. Federal Railroad Administration
identical to the current FMCSA • Virginia must maintain records of
program. Virginia continues to adhere to [Docket Number FRA–2018–0052]
applications, testing, and certificates
the application process modeled on the issued for periodic review by FMCSA. Petition for Waiver of Compliance
FMCSA process. State personnel who • Virginia must submit a monthly
conduct the skill evaluation complete report to FMCSA listing the names and Under part 211 of Title 49 Code of
the same training as FMCSA personnel license number of each driver tested by Federal Regulations (CFR), this provides
conducting the test and follow the same the State and the result of the test (pass the public notice that by letter dated
procedures and testing criteria used by or fail). June 4, 2018, Norfolk Southern Railway
FMCSA. FMCSA has conducted ongoing • Each driver who receives a State- (NS) petitioned the Federal Railroad
monitoring and SPE program reviews issued SPE must carry a copy of the Administration (FRA) for a waiver of
and Virginia continues to maintain certificate when driving for presentation compliance from certain provisions of
records of applications, testing, and to authorized Federal, State, or local law the Federal railroad safety regulations
certificates issued for periodic review by enforcement officials. contained at 49 CFR part 236. FRA
FMCSA. At the time, Virginia DMV assigned the petition Docket Number
submitted its request for exemption V. Preemption FRA–2018–0052.
daltland on DSKBBV9HB2PROD with NOTICES

renewal to the Agency, it had issued 29 During the period the exemption is in NS seeks a waiver of compliance from
new and 48 renewal SPE Certificates. effect; no State shall enforce any law or cab signal system requirements found in
Based upon FMCSA’s analyses of the regulation that conflicts with this 49 CFR 236.566, Locomotive of each
applications and the program as a exemption with respect to a person train operating in train stop, train
whole, FMCSA has determined that no operating under the exemption. An control, or cab signal territory;
safety vulnerabilities are associated with exemption granted under the authority equipped. Specifically, NS seeks relief
Virginia’s renewal request. The renewal of 49 U.S.C. 31315(b) preempts State to operate non-equipped locomotives in

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Document Created: 2018-07-28 01:43:23
Document Modified: 2018-07-28 01:43:23

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 36667

83 FR 36667 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

Federal Register Volume 83, Issue 146 (July 30, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration