83_FR_43896 83 FR 43730 - Petition for Waiver of Compliance

83 FR 43730 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 166 (August 27, 2018)

Page Range43730-43731
FR Document2018-18499

Federal Register, Volume 83 Issue 166 (Monday, August 27, 2018) 
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43730-43731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18499]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0066]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by a letter dated April 11, 
2018, BNSF Railway (BNSF) 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 
227. FRA assigned the petition Docket Number FRA-2018-0066.
    In its petition, BNSF asked FRA to waive compliance with 49 CFR 
227.109 to allow employees certified under 49 CFR part 240 and/or part 
242 to exceed 1,095 days between audiometric tests if they meet the 
hearing acuity timelines of 49 CFR 240.217 and/or 242.201. 
Specifically, BNSF asked FRA to allow employees subject to part 240 
and/or part 242 audiometric testing requirements to go up to 1,460 days 
between audiometric tests to alleviate the confusion of having multiple 
hearing test requirements for part 240 and 242 certified employees 
(testing requirements under parts 240 and/or 242 as well as under part 
227).
    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

[[Page 43731]]

(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.
    FRA reserves the right to issue relief in this docket pending 
consideration of any comments received in response to this notice. 
Comments received after September 26, 2018 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.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-18499 Filed 8-24-18; 8:45 am]
 BILLING CODE 4910-06-P

43730 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices supporting documentation. The FDOT pass’’ to operate the locomotive lite, Anyone can search the electronic believes that this system improvement causing an operational constraint for form of any written communications will ensure that supporting daily servicing, maintenance, and comments received into any of our documentation, which was sometimes inspection, and fueling. The repeated dockets by the name of the individual missing as SWEPT was initially unsealing and resealing of the by-pass submitting the comment (or signing the implemented, would now be present switch may cause premature failure of document, if submitted on behalf of an prior to an approval point. The the switch. MARC and Siemens worked association, business, labor union, etc.). implementation of these improvements jointly to develop a proposed ‘‘Yard In accordance with 5 U.S.C. 553(c), DOT was incorporated after the audit project Mode’’ solution, which monitors the solicits comments from the public to file review time frame. door summary circuit trainline, along better inform its processes. DOT posts with other trainlines and locomotive these comments, without edit, including Finalizing this Report operating parameters, determining any personal information the The FHWA received three responses whether the locomotive is operating in commenter provides, to to the Federal Register Notice during the a lite consist or a passenger car consist. www.regulations.gov, as described in public comment period for this draft When ‘‘Yard Mode’’ is activated, it the system of records notice (DOT/ALL– report. None of comments were allows low speed (10 miles per hour or 14 FDMS), which can be reviewed at substantive; one from the American less) operation of the locomotive https://www.transportation.gov/privacy. Road and Transportation Builders without placing the door by-pass device See also http://www.regulations.gov/ Association voiced support of this in by-pass. The ‘‘Yard Mode’’ solution #!privacyNotice for the privacy notice of program and another was anonymous relies on a multi-step software regulations.gov. that was unrelated to this report. The verification, along with multiple remaining comments came from FDOT. Issued in Washington, DC. deliberate acts and confirmations by an The Audit Team met with FDOT to Robert C. Lauby, operator, to enable the system. discuss their comments throughout the A copy of the petition, as well as any Associate Administrator for Railroad Safety Audit report development. The FHWA written communications concerning the Chief Safety Officer. considered FDOT’s comments not to be petition, is available for review online at [FR Doc. 2018–18496 Filed 8–24–18; 8:45 am] substantive but nonetheless revised the www.regulations.gov and in person at BILLING CODE 4910–06–P report language in several instances. the Department of Transportation’s This notice includes a final version of Docket Operations Facility, 1200 New the audit report that addresses all Jersey Ave. SE, W12–140, Washington, DEPARTMENT OF TRANSPORTATION comments submitted on the draft audit DC 20590. The Docket Operations report. Federal Railroad Administration Facility is open from 9 a.m. to 5 p.m., [FR Doc. 2018–18476 Filed 8–24–18; 8:45 am] Monday through Friday, except Federal [Docket Number FRA–2018–0066] BILLING CODE 4910–22–P Holidays. Interested parties are invited to Petition for Waiver of Compliance participate in these proceedings by Under part 211 of Title 49 Code of DEPARTMENT OF TRANSPORTATION submitting written views, data, or Federal Regulations (CFR), this comments. FRA does not anticipate Federal Railroad Administration document provides the public notice scheduling a public hearing in that by a letter dated April 11, 2018, [Docket Number FRA–2018–0029] connection with these proceedings since BNSF Railway (BNSF) petitioned the the facts do not appear to warrant a Federal Railroad Administration (FRA) Petition for Waiver of Compliance hearing. If any interested party desires for a waiver of compliance from certain an opportunity for oral comment, they Under part 211 of Title 49 of the Code provisions of the Federal railroad safety should notify FRA, in writing, before of Federal Regulations (CFR), this regulations contained at 49 CFR part the end of the comment period and provides the public notice that by a 227. FRA assigned the petition Docket specify the basis for their request. letter dated March 15, 2018, the All communications concerning these Number FRA–2018–0066. Maryland Transit Administration proceedings should identify the In its petition, BNSF asked FRA to (MTA–MARC), the Illinois Department appropriate docket number and may be waive compliance with 49 CFR 227.109 of Transportation (IDOT), and the submitted by any of the following to allow employees certified under 49 California Department of Transportation methods: CFR part 240 and/or part 242 to exceed (Caltrans), have jointly petitioned the • Website: http:// 1,095 days between audiometric tests if Federal Railroad Administration (FRA) www.regulations.gov. Follow the online they meet the hearing acuity timelines for a waiver of compliance from certain instructions for submitting comments. of 49 CFR 240.217 and/or 242.201. provisions of the Federal railroad safety • Fax: 202–493–2251. Specifically, BNSF asked FRA to allow regulations contained at 49 CFR part • Mail: Docket Operations Facility, employees subject to part 240 and/or 238, Passenger Equipment Safety U.S. Department of Transportation, 1200 part 242 audiometric testing Standards. FRA assigned the petition New Jersey Avenue SE, W12–140, requirements to go up to 1,460 days docket number FRA–2018–0029. Washington, DC 20590. between audiometric tests to alleviate Specifically, Petitioners request relief • Hand Delivery: 1200 New Jersey the confusion of having multiple from 49 CFR 238.131 and 238.133, Avenue SE, Room W12–140, hearing test requirements for part 240 pertaining to the exterior side door Washington, DC 20590, between 9 a.m. and 242 certified employees (testing amozie on DSK3GDR082PROD with NOTICES1 safety system interface with the Siemens and 5 p.m., Monday through Friday, requirements under parts 240 and/or SC–44 diesel-electric locomotives to be except Federal Holidays. 242 as well as under part 227). used in passenger service, when Communications received by October A copy of the petition, as well as any operating in a lite consist (locomotives 11, 2018 will be considered by FRA written communications concerning the only). Petitioners found that in daily before final action is taken. Comments petition, is available for review online at operation, the by-pass switch for the received after that date will be www.regulations.gov and in person at door safety system must be put into ‘‘by- considered if practicable. the U.S. Department of Transportation’s VerDate Sep<11>2014 17:51 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\27AUN1.SGM 27AUN1

Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43731 (DOT) Docket Operations Facility, 1200 Issued in Washington, DC. submitted by any of the following New Jersey Avenue SE, W12–140, Robert C. Lauby, methods: Washington, DC 20590. The Docket Associate Administrator for Railroad Safety, • Website: http:// Operations Facility is open from 9 a.m. Chief Safety Officer. www.regulations.gov. Follow the online to 5 p.m., Monday through Friday, [FR Doc. 2018–18499 Filed 8–24–18; 8:45 am] instructions for submitting comments. except Federal Holidays. BILLING CODE 4910–06–P • Fax: 202–493–2251. Interested parties are invited to • Mail: Docket Operations Facility, participate in these proceedings by U.S. Department of Transportation, 1200 DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, W12–140, submitting written views, data, or comments. FRA does not anticipate Washington, DC 20590. Federal Railroad Administration scheduling a public hearing in • Hand Delivery: 1200 New Jersey connection with these proceedings since Avenue SE, Room W12–140, [Docket Number FRA–2007–28613] Washington, DC 20590, between 9 a.m. the facts do not appear to warrant a Petition for Waiver of Compliance and 5 p.m., Monday through Friday, hearing. If any interested parties desire except Federal Holidays. an opportunity for oral comment and a Under part 211 of Title 49 of the Code Communications received by October public hearing, they should notify FRA, of Federal Regulations (CFR), this 11, 2018 will be considered by FRA in writing, before the end of the provides the public notice that by a before final action is taken. Comments comment period and specify the basis letter dated June 18, 2018, the San received after that date will be for their request. Francisco Bay Railroad (SFBR), formerly considered if practicable. All communications concerning these doing business as LB Railco, has Anyone can search the electronic proceedings should identify the petitioned the Federal Railroad form of any written communications appropriate docket number and may be Administration (FRA) for a renewal of a and comments received into any of our submitted by any of the following waiver of compliance from certain dockets by the name of the individual methods: provisions of the Federal railroad safety submitting the comment (or signing the regulations contained at 49 CFR part document, if submitted on behalf of an • Website: http:// 223, Safety glazing standards— www.regulations.gov. Follow the online association, business, labor union, etc.). locomotives, passenger cars and In accordance with 5 U.S.C. 553(c), DOT instructions for submitting comments. cabooses. FRA assigned the petition solicits comments from the public to • Fax: 202–493–2251. docket number FRA–2007–28613. better inform its processes. DOT posts • Mail: Docket Operations Facility, Specifically, SFBR requests relief for these comments, without edit, including U.S. Department of Transportation, 1200 SFBR No. 23, an Alco S–2 diesel electric any personal information the New Jersey Avenue SE, W12–140, switcher locomotive built in 1945. The commenter provides, to Washington, DC 20590. locomotive has its original glass in the www.regulations.gov, as described in cab, consisting of 13 separate windows. the system of records notice (DOT/ALL– • Hand Delivery: 1200 New Jersey SFBR 23 has been operating for the past 14 FDMS), which can be reviewed at Avenue SE, Room W12–140, 73 years in and around the same area of https://www.transportation.gov/privacy. Washington, DC 20590, between 9 a.m. San Francisco, and the glass has See also http://www.regulations.gov/ and 5 p.m., Monday through Friday, remained intact without damage. SFBR #!privacyNotice for the privacy notice of except Federal Holidays. maintains 5 miles of Class 1 track with regulations.gov. FRA reserves the right to issue relief a maximum allowable speed of 10 miles Issued in Washington, DC. in this docket pending consideration of per hour. A copy of the petition, as well as any Robert C. Lauby, any comments received in response to Associate Administrator for Railroad Safety this notice. Comments received after written communications concerning the petition, is available for review online at Chief Safety Officer. September 26, 2018 will be considered [FR Doc. 2018–18494 Filed 8–24–18; 8:45 am] if practicable. www.regulations.gov and in person at the Department of Transportation’s BILLING CODE 4910–06–P Anyone can search the electronic Docket Operations Facility, 1200 New form of any written communications Jersey Ave. SE, W12–140, Washington, and comments received into any of our DC 20590. The Docket Operations DEPARTMENT OF TRANSPORTATION dockets by the name of the individual Facility is open from 9 a.m. to 5 p.m., Maritime Administration submitting the comment (or signing the Monday through Friday, except Federal document, if submitted on behalf of an Holidays. Meeting Notice—U.S. Maritime association, business, labor union, etc.). Interested parties are invited to Transportation System National Under 5 U.S.C. 553(c), DOT solicits participate in these proceedings by Advisory Committee comments from the public to better submitting written views, data, or inform its processes. DOT posts these comments. FRA does not anticipate AGENCY: Maritime Administration, comments, without edit, including any scheduling a public hearing in Department of Transportation. personal information the commenter connection with these proceedings since ACTION: Notice of advisory committee provides, to www.regulations.gov, as the facts do not appear to warrant a public meeting. described in the system of records hearing. If any interested party desires amozie on DSK3GDR082PROD with NOTICES1 notice (DOT/ALL–14 FDMS), which can an opportunity for oral comment, they SUMMARY: The Maritime Administration be reviewed at https:// should notify FRA, in writing, before (MARAD) announces a public meeting www.transportation.gov/privacy. See the end of the comment period and of the U.S. Maritime Transportation also https://www.regulations.gov/ specify the basis for their request. System National Advisory Committee All communications concerning these (MTSNAC) to discuss advice and privacyNotice for the privacy notice of proceedings should identify the recommendations for the U.S. regulations.gov. appropriate docket number and may be Department of Transportation on issues VerDate Sep<11>2014 17:51 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\27AUN1.SGM 27AUN1


Document Created: 2018-08-25 01:49:00
Document Modified: 2018-08-25 01:49:00
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 43730 
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