83_FR_4139 83 FR 4120 - Petition for Waiver of Compliance

83 FR 4120 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range4120-4121
FR Document2018-01582

Federal Register, Volume 83 Issue 19 (Monday, January 29, 2018)
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4120-4121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01582]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0003]


Petition for Waiver of Compliance

    Under Part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on December 26, 2017, Caltrain 
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 238. FRA assigned the petition 
Docket Number FRA-2018-0003.
    Specifically, Caltrain seeks a waiver of compliance from portions 
of 49 CFR 238.113(a)(3), Emergency window exits, and 238.114(a)(3), 
Rescue access windows, for four cars of their new six-car Electric 
Multiple Unit (EMU) trainsets. The six-car trainsets consist of two cab 
cars (A and B) and four coach cars (C, D, E, and F). Each is a multi-
level car and contains three types of levels: A lower level, two 
intermediate levels (on each end), and an upper level. In addition, 
each car contains both intermediate level doors and lower level doors. 
However, Caltrain will initially be utilizing only the lower level 
doors to serve their existing 8-inch platforms. The intermediate level 
doors will be utilized at some point in the future at high level 
platforms. Until such time that the intermediate doors are placed in 
service, passenger flip-up type seats mounted to the floor will be 
placed adjacent (in front of) to these doors.
    Since the intermediate levels will be used for passenger seating, 
each intermediate level is required to have a minimum of two emergency 
window exits and a minimum of two rescue access windows. Two cars (D 
and F) are equipped with two windows (one on each side) on the 
intermediate level that serve as dual-function emergency exit and 
rescue access windows. The remaining four cars (A, B, C, and E) do not 
have windows on the intermediate levels due to propulsion equipment 
occupying space on that level. However, all cars in the EMU trainset 
are designed with exterior side doors on the intermediate levels (one 
per side per intermediate level). These doors will be locked and non-
operational, and equipped with emergency release handles to allow for 
manual opening of the doors for emergency egress and rescue access 
through the doorway.
    Caltrain states that the intermediate level door arrangement will 
meet the requirements of 49 CFR 231.112, Door emergency egress and 
rescue access systems. In addition, emergency exit paths exist by way 
of the stairs at the intermediate level, which can lead passengers to 
either the lower level where there are additional doors and emergency 
exit/access windows, or the upper levels where there are also 
additional emergency exit/access windows. Lastly, there is an aisle way 
that leads to the adjacent car that can be used for egress (with 
exception of the cab car, cab end). Because the intermediate levels are 
equipped with these features, Caltrain believes that the intent of the 
emergency egress/access requirements of 49 CFR 238.113 and 238.114 are 
met and provide an equivalent level of safety to passengers.
    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.

[[Page 4121]]

    Communications received by March 15, 2018 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-01582 Filed 1-26-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                4120                          Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices

                                                pipe valve be installed adjacent to the                 privacyNotice for the privacy notice of                locked and non-operational, and
                                                rear door for these eight units.                        regulations.gov.                                       equipped with emergency release
                                                  A copy of the petition, as well as any                                                                       handles to allow for manual opening of
                                                                                                        Robert C. Lauby,
                                                written communications concerning the                                                                          the doors for emergency egress and
                                                                                                        Associate Administrator for Railroad Safety,           rescue access through the doorway.
                                                petition, is available for review online at             Chief Safety Officer.
                                                www.regulations.gov and in person at                                                                             Caltrain states that the intermediate
                                                                                                        [FR Doc. 2018–01581 Filed 1–26–18; 8:45 am]            level door arrangement will meet the
                                                the U.S. Department of Transportation’s
                                                (DOT) Docket Operations Facility, 1200                  BILLING CODE 4910–06–P                                 requirements of 49 CFR 231.112, Door
                                                New Jersey Avenue SE, W12–140,                                                                                 emergency egress and rescue access
                                                Washington, DC 20590. The Docket                                                                               systems. In addition, emergency exit
                                                                                                        DEPARTMENT OF TRANSPORTATION                           paths exist by way of the stairs at the
                                                Operations Facility is open from 9 a.m.
                                                to 5 p.m., Monday through Friday,                                                                              intermediate level, which can lead
                                                                                                        Federal Railroad Administration
                                                except Federal Holidays.                                                                                       passengers to either the lower level
                                                                                                        [Docket Number FRA–2018–0003]                          where there are additional doors and
                                                  Interested parties are invited to
                                                                                                                                                               emergency exit/access windows, or the
                                                participate in these proceedings by                     Petition for Waiver of Compliance                      upper levels where there are also
                                                submitting written views, data, or
                                                                                                           Under Part 211 of Title 49 Code of                  additional emergency exit/access
                                                comments. FRA does not anticipate
                                                                                                        Federal Regulations (CFR), this provides               windows. Lastly, there is an aisle way
                                                scheduling a public hearing in
                                                                                                        the public notice that on December 26,                 that leads to the adjacent car that can be
                                                connection with these proceedings since
                                                                                                        2017, Caltrain petitioned the Federal                  used for egress (with exception of the
                                                the facts do not appear to warrant a
                                                                                                        Railroad Administration (FRA) for a                    cab car, cab end). Because the
                                                hearing. If any interested parties desire
                                                                                                        waiver of compliance from certain                      intermediate levels are equipped with
                                                an opportunity for oral comment and a
                                                                                                        provisions of the Federal railroad safety              these features, Caltrain believes that the
                                                public hearing, they should notify FRA,
                                                                                                        regulations contained at 49 CFR part                   intent of the emergency egress/access
                                                in writing, before the end of the
                                                                                                        238. FRA assigned the petition Docket                  requirements of 49 CFR 238.113 and
                                                comment period and specify the basis
                                                                                                        Number FRA–2018–0003.                                  238.114 are met and provide an
                                                for their request.
                                                                                                           Specifically, Caltrain seeks a waiver               equivalent level of safety to passengers.
                                                  All communications concerning these                                                                            A copy of the petition, as well as any
                                                proceedings should identify the                         of compliance from portions of 49 CFR
                                                                                                                                                               written communications concerning the
                                                appropriate docket number and may be                    238.113(a)(3), Emergency window exits,
                                                                                                                                                               petition, is available for review online at
                                                submitted by any of the following                       and 238.114(a)(3), Rescue access
                                                                                                                                                               www.regulations.gov and in person at
                                                methods:                                                windows, for four cars of their new six-
                                                                                                                                                               the U.S. Department of Transportation’s
                                                  • Website: http://                                    car Electric Multiple Unit (EMU)
                                                                                                                                                               (DOT) Docket Operations Facility, 1200
                                                www.regulations.gov. Follow the online                  trainsets. The six-car trainsets consist of
                                                                                                                                                               New Jersey Avenue SE, W12–140,
                                                instructions for submitting comments.                   two cab cars (A and B) and four coach
                                                                                                                                                               Washington, DC 20590. The Docket
                                                                                                        cars (C, D, E, and F). Each is a multi-
                                                  • Fax: 202–493–2251.                                                                                         Operations Facility is open from 9 a.m.
                                                                                                        level car and contains three types of
                                                  • Mail: Docket Operations Facility,                   levels: A lower level, two intermediate
                                                                                                                                                               to 5 p.m., Monday through Friday,
                                                U.S. Department of Transportation, 1200                                                                        except Federal Holidays.
                                                                                                        levels (on each end), and an upper level.                Interested parties are invited to
                                                New Jersey Avenue SE, W12–140,                          In addition, each car contains both
                                                Washington, DC 20590.                                                                                          participate in these proceedings by
                                                                                                        intermediate level doors and lower level               submitting written views, data, or
                                                  • Hand Delivery: 1200 New Jersey                      doors. However, Caltrain will initially
                                                Avenue SE, Room W12–140,                                                                                       comments. FRA does not anticipate
                                                                                                        be utilizing only the lower level doors                scheduling a public hearing in
                                                Washington, DC 20590, between 9 a.m.                    to serve their existing 8-inch platforms.
                                                and 5 p.m., Monday through Friday,                                                                             connection with these proceedings since
                                                                                                        The intermediate level doors will be                   the facts do not appear to warrant a
                                                except Federal Holidays.                                utilized at some point in the future at                hearing. If any interested parties desire
                                                  Communications received by March                      high level platforms. Until such time                  an opportunity for oral comment and a
                                                15, 2018 will be considered by FRA                      that the intermediate doors are placed in              public hearing, they should notify FRA,
                                                before final action is taken. Comments                  service, passenger flip-up type seats                  in writing, before the end of the
                                                received after that date will be                        mounted to the floor will be placed                    comment period and specify the basis
                                                considered if practicable.                              adjacent (in front of) to these doors.                 for their request.
                                                  Anyone can search the electronic                         Since the intermediate levels will be                 All communications concerning these
                                                form of any written communications                      used for passenger seating, each                       proceedings should identify the
                                                and comments received into any of our                   intermediate level is required to have a               appropriate docket number and may be
                                                dockets by the name of the individual                   minimum of two emergency window                        submitted by any of the following
                                                submitting the comment (or signing the                  exits and a minimum of two rescue                      methods:
                                                document, if submitted on behalf of an                  access windows. Two cars (D and F) are                   • Website: http://
                                                association, business, labor union, etc.).              equipped with two windows (one on                      www.regulations.gov. Follow the online
                                                Under 5 U.S.C. 553(c), DOT solicits                     each side) on the intermediate level that              instructions for submitting comments.
                                                comments from the public to better                      serve as dual-function emergency exit                    • Fax: 202–493–2251.
                                                inform its processes. DOT posts these                   and rescue access windows. The                           • Mail: Docket Operations Facility,
                                                comments, without edit, including any                   remaining four cars (A, B, C, and E) do
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                                                                                                                                                               U.S. Department of Transportation, 1200
                                                personal information the commenter                      not have windows on the intermediate                   New Jersey Avenue SE, W12–140,
                                                provides, to www.regulations.gov, as                    levels due to propulsion equipment                     Washington, DC 20590.
                                                described in the system of records                      occupying space on that level. However,                  • Hand Delivery: 1200 New Jersey
                                                notice (DOT/ALL–14 FDMS), which can                     all cars in the EMU trainset are designed              Avenue SE, Room W12–140,
                                                be reviewed at https://                                 with exterior side doors on the                        Washington, DC 20590, between 9 a.m.
                                                www.transportation.gov/privacy. See                     intermediate levels (one per side per                  and 5 p.m., Monday through Friday,
                                                also https://www.regulations.gov/                       intermediate level). These doors will be               except Federal Holidays.


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                                                                              Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices                                                   4121

                                                  Communications received by March                      subject to delay, commenters are                          Abstract: This information collection
                                                15, 2018 will be considered by FRA                      encouraged to submit comments by                       request relates to 12 CFR part 43, which
                                                before final action is taken. Comments                  email, if possible. Comments may be                    implemented section 941(b) of the
                                                received after that date will be                        sent to: Legislative and Regulatory                    Dodd-Frank Act.1 Section 941(b) of the
                                                considered if practicable.                              Activities Division, Office of the                     Dodd-Frank Act required the OCC,
                                                  Anyone can search the electronic                      Comptroller of the Currency, Attention:                Board of Governors of the Federal
                                                form of any written communications                      1557–0249, 400 7th Street SW, Suite                    Reserve System (FRB), Federal Deposit
                                                and comments received into any of our                   3E–218, Washington, DC 20219. In                       Insurance Corporation (FDIC), Securities
                                                dockets by the name of the individual                   addition, comments may be sent by fax                  and Exchange Commission (SEC), and,
                                                submitting the comment (or signing the                  to (571) 465–4326 or by electronic mail                in the case of the securitization of any
                                                document, if submitted on behalf of an                  to prainfo@occ.tress.gov. You may                      residential mortgage asset, the Federal
                                                association, business, labor union, etc.).              personally inspect and photocopy                       Housing Finance Agency (FHFA), and
                                                Under 5 U.S.C. 553(c), DOT solicits                     comments at the OCC, 400 7th Street                    the Department of Housing and Urban
                                                comments from the public to better                      SW, Washington, DC 20219. For                          Development (HUD) to issue rules that,
                                                inform its processes. DOT posts these                   security reasons, the OCC requires that                subject to certain exemptions: Require a
                                                comments, without edit, including any                   visitors make an appointment to inspect                securitizer to retain not less than 5% of
                                                personal information the commenter                      comments. You may do so by calling                     the credit risk of any asset that the
                                                provides, to www.regulations.gov, as                    (202) 649–6700 or, for persons who are                 securitizer, through the issuance of an
                                                described in the system of records                      deaf or hearing impaired, TTY, (202)                   asset-backed security, transfers, sells, or
                                                notice (DOT/ALL–14 FDMS), which can                     649–5597. Upon arrival, visitors will be               conveys to a third party; and prohibit a
                                                be reviewed at https://                                 required to present valid government-                  securitizer from directly or indirectly
                                                www.transportation.gov/privacy. See                     issued photo identification and submit                 hedging or otherwise transferring the
                                                also https://www.regulations.gov/                       to security screening in order to inspect              credit risk that the securitizer is
                                                privacyNotice for the privacy notice of                 and photocopy comments.                                required to retain under the statute and
                                                regulations.gov.                                           All comments received, including                    implementing regulations.
                                                                                                        attachments and other supporting                          Part 43 sets forth permissible forms of
                                                Robert C. Lauby,
                                                                                                        materials, are part of the public record               risk retention for securitizations that
                                                Associate Administrator for Railroad Safety             and subject to public disclosure. Do not               involve issuance of asset-backed
                                                Chief Safety Officer.
                                                                                                        include any information in your                        securities. Section 15G of the Exchange
                                                [FR Doc. 2018–01582 Filed 1–26–18; 8:45 am]                                                                    Act also exempts certain types of
                                                                                                        comment or supporting materials that
                                                BILLING CODE 4910–06–P                                  you consider confidential or                           securitization transactions from these
                                                                                                        inappropriate for public disclosure.                   risk retention requirements and
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       authorizes the agencies to exempt or
                                                DEPARTMENT OF THE TREASURY                              Shaquita Merritt, OCC Clearance                        establish a lower risk retention
                                                                                                        Officer, (202) 649–5490 or, for persons                requirement for other types of
                                                Office of the Comptroller of the                                                                               securitization transactions. Section 15G
                                                Currency                                                who are deaf or hearing impaired, TTY,
                                                                                                        (202) 649–5597, Legislative and                        also states that the agencies must permit
                                                                                                        Regulatory Activities Division, Office of              a securitizer to retain less than five
                                                Agency Information Collection
                                                                                                        the Comptroller of the Currency, 400 7th               percent of the credit risk of commercial
                                                Activities: Information Collection
                                                                                                        Street SW, Suite 3E–218, Washington,                   mortgages, commercial loans, and
                                                Renewal; Comment Request; Credit
                                                                                                        DC 20219.                                              automobile loans that are transferred,
                                                Risk Retention
                                                                                                        SUPPLEMENTARY INFORMATION: Under the
                                                                                                                                                               sold, or conveyed through the issuance
                                                AGENCY: Office of the Comptroller of the                PRA (44 U.S.C. 3501–3520), federal                     of ABS by the securitizer if the loans
                                                Currency (OCC), Treasury.                               agencies must obtain approval from the                 meet underwriting standards
                                                ACTION: Notice and request for comment.                 OMB for each collection of information                 established by the federal banking
                                                                                                        that they conduct or sponsor.                          agencies.2
                                                SUMMARY:    The OCC, as part of its                                                                               Part 43 sets forth permissible forms of
                                                                                                        ‘‘Collection of information’’ is defined
                                                continuing effort to reduce paperwork                                                                          risk retention for securitizations that
                                                                                                        in 44 U.S.C. 3502(3) and 5 CFR
                                                and respondent burden, invites the                                                                             involve issuance of asset-backed
                                                                                                        1320.3(c) to include agency requests or
                                                general public and other federal                                                                               securities, as well as exemptions from
                                                                                                        requirements that members of the public
                                                agencies to take this opportunity to                                                                           the risk retention requirements, and
                                                                                                        submit reports, keep records, or provide
                                                comment on a continuing information                                                                            contains requirements subject to the
                                                                                                        information to a third party. Section
                                                collection as required by the Paperwork                                                                        PRA.
                                                                                                        3506(c)(2)(A) of title 44 requires federal                Section 43.4 sets forth the conditions
                                                Reduction Act of 1995 (PRA). In
                                                                                                        agencies to provide a 60-day notice in                 that must be met by sponsors electing to
                                                accordance with the requirements of the
                                                                                                        the Federal Register concerning each                   use the standard risk retention option,
                                                PRA, the OCC may not conduct or
                                                                                                        proposed collection of information,                    which may consist of an eligible vertical
                                                sponsor, and the respondent is not
                                                                                                        including each proposed extension of an                interest or an eligible horizontal
                                                required to respond to, an information
                                                                                                        existing collection of information,                    residual interest, or any combination
                                                collection unless it displays a currently
                                                                                                        before submitting the collection to OMB                thereof. Sections 43.4(c)(1) and
                                                valid Office of Management and Budget
                                                                                                        for approval. To comply with this                      43.4(c)(2) specify the disclosures
                                                (OMB) control number. The OCC is
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                                                                                                        requirement, the OCC is publishing                     required with respect to eligible
                                                soliciting comment concerning the
                                                                                                        notice of the proposed collection of                   horizontal residual interests and eligible
                                                renewal of its information collection
                                                                                                        information set forth in this document.                vertical interests, respectively.
                                                titled, ‘‘Credit Risk Retention.’’                         Title: Credit Risk Retention.
                                                DATES: You should submit written                           OMB Control No.: 1557–0249.                            1 Dodd-Frank Wall Street Reform and Consumer
                                                comments by March 30, 2018.                                Affected Public: Business or other for-             Protection Act (Pub. L. 111–203, 124 Stat. 1376
                                                ADDRESSES: Because paper mail in the                    profit.                                                (July 21, 2010)).
                                                Washington, DC area and at the OCC is                      Type of Review: Regular review.                        2 15 U.S.C. 78o–11(c)(1)(B)(ii) and (2).




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Document Created: 2018-01-27 00:57:49
Document Modified: 2018-01-27 00:57:49
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 4120 

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