83 FR 45004 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 83, Issue 171 (September 4, 2018)
Federal Railroad Administration
Federal Register Volume 83, Issue 171 (September 4, 2018)
| Page Range | 45004-45005 | |
| FR Document | 2018-19106 |
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)] [Notices] [Pages 45004-45005] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19106] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2018-0069] 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 August 14, 2018, CSX Transportation, Inc. (CSXT) 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 234. FRA assigned the petition Docket Number FRA-2018-0069. CSXT seeks a waiver of compliance from 49 CFR 234.247, Purpose of inspections and tests; removal from service of relay or device failing to meet test requirements, to remove approximately 400 stored rail cars and certain railbound equipment from CSXT's Illinois Subdivision, which is currently discontinued from service between milepost (MP) BC 244.7, near Flora, Clay County, Illinois, and MP BC 327.9, near Caseyville, St. Clair County, pursuant to the Surface Transportation Board's issuance of two Discontinuance of Service Exemptions dated December 10, 2015 and January 9, 2017, respectively. CSXT notes that numerous communities have raised concerns and requested it remove the stored rail cars and rail-bound equipment. CSXT states that no revenue traffic has moved on the discontinued portion of the Illinois Subdivision since June of 2016. Because CSXT has no current intention of resuming revenue service on this Subdivision, CSXT seeks this relief to remove the cars and rail-bound equipment from its tracks as expeditiously as possible. Specifically, CSXT seeks relief to operate over non-functioning highway-rail grade crossings without making inspections and tests required in Sec. Sec. 234.249 through 234.271. To ameliorate any safety concerns, CSXT will make all train moves at 10 miles per hour or less and during daylight hours, work with local authorities to obtain permission to close the roadway at impacted crossings, and will station an employee at each impacted crossing to provide waring to approaching highway traffic and communicate with motorists as needed. 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 October 19, 2018 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). 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 [[Page 45005]] 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. 2018-19106 Filed 8-31-18; 8:45 am] BILLING CODE 4910-06-P
![45004 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices
estimated burden; (c) ways for FAA to Estimated Average Burden per and tests required in §§ 234.249 through
enhance the quality, utility and clarity Response: 0.5 hours, + 0.1 hours for 234.271. To ameliorate any safety
of the information collection; and (d) special curriculum course information concerns, CSXT will make all train
ways that the burden could be (when applicable). moves at 10 miles per hour or less and
minimized without reducing the quality Estimated Total Annual Burden: during daylight hours, work with local
of the collected information. The agency 31,837 total burden hours. 2,787 total authorities to obtain permission to close
will summarize and/or include your annual reporting burden hours, and the roadway at impacted crossings, and
comments in the request for OMB’s 29,050 total annual recordkeeping will station an employee at each
clearance of this information collection. burden hours. impacted crossing to provide waring to
FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on August 23, approaching highway traffic and
Barbara Hall at (940) 594–5913, or by 2018. communicate with motorists as needed.
email at: Barbara.L.Hall@faa.gov. Barbara Hall, A copy of the petition, as well as any
FAA Information Collection Clearance written communications concerning the
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2120–0009. Officer, IT Enterprises Business Services petition, is available for review online at
Title: Pilot Schools—FAR 141. Division, ASP–110. www.regulations.gov and in person at
Form Numbers: 8420–8. [FR Doc. 2018–19126 Filed 8–31–18; 8:45 am] the U.S. Department of Transportation’s
Type of Review: This is a renewal of BILLING CODE 4910–13–P Docket Operations Facility, 1200 New
an existing information collection. Jersey Avenue SE, W12–140,
Background: The Federal Register Washington, DC 20590. The Docket
Notice with a 60-day comment period DEPARTMENT OF TRANSPORTATION Operations Facility is open from 9 a.m.
soliciting comments on the following to 5 p.m., Monday through Friday,
collection of information was published Federal Railroad Administration except Federal Holidays.
on June 14, 2018 (83 FR 27820). On June [Docket Number FRA–2018–0069]
Interested parties are invited to
27, 2018, the FAA published the final participate in these proceedings by
rule Regulatory Relief, Aviation Petition for Waiver of Compliance submitting written views, data, or
Training devices; Pilot Certification, comments. FRA does not anticipate
Under part 211 of Title 49 Code of scheduling a public hearing in
Training, and Pilot Schools; and Other Federal Regulations (CFR), this provides
Provisions (83 FR 30232). In that rule, connection with these proceedings since
the public notice that by letter dated the facts do not appear to warrant a
the FAA is amending § 141.5(d) to allow August 14, 2018, CSX Transportation,
part 141 pilot schools that hold training hearing. If any interested party desires
Inc. (CSXT) petitioned the Federal an opportunity for oral comment, they
course approvals for special curricula Railroad Administration (FRA) for a
courses to renew their certificates based should notify FRA, in writing, before
waiver of compliance from certain the end of the comment period and
on their students’ successful completion provisions of the Federal railroad safety
of an end-of-course test for these FAA specify the basis for their request.
regulations contained at 49 CFR part All communications concerning these
approved courses. In that rule, the FAA 234. FRA assigned the petition Docket
further adjusts the number of pilot proceedings should identify the
Number FRA–2018–0069. appropriate docket number and may be
schools based on population changes, CSXT seeks a waiver of compliance
and to account for the change in burden submitted by any of the following
from 49 CFR 234.247, Purpose of methods:
associated with these new courses. inspections and tests; removal from
We estimate that of the 31 new • Website: http://
service of relay or device failing to meet www.regulations.gov. Follow the online
applications for pilot school certificates, test requirements, to remove
25% will have special curricula courses instructions for submitting comments.
approximately 400 stored rail cars and • Fax: 202–493–2251.
that will need to be accounted for in the certain railbound equipment from • Mail: Docket Operations Facility,
passage rate required for issuance of a CSXT’s Illinois Subdivision, which is U.S. Department of Transportation, 1200
certificate in § 141.5(d). Of the 291 currently discontinued from service New Jersey Avenue SE, W12–140,
applications for renewal of pilot school between milepost (MP) BC 244.7, near Washington, DC 20590.
certificates, approximately 25% would Flora, Clay County, Illinois, and MP BC • Hand Delivery: 1200 New Jersey
include special curricula courses that 327.9, near Caseyville, St. Clair County, Avenue SE, Room W12–140,
must now be accounted for in the pursuant to the Surface Transportation Washington, DC 20590, between 9 a.m.
passage rate for renewal of a certificate Board’s issuance of two Discontinuance and 5 p.m., Monday through Friday,
under § 141.5(d). We estimate that it of Service Exemptions dated December except Federal Holidays.
would take .1 hours to add this special 10, 2015 and January 9, 2017, Communications received by October
curricula course information to both respectively. CSXT notes that numerous 19, 2018 will be considered by FRA
initial and renewal applications. communities have raised concerns and before final action is taken. Comments
8 new applications at .1 hours each = .8 requested it remove the stored rail cars received after that date will be
hours and rail-bound equipment. considered if practicable.
73 applications at .1 hours each (adding CSXT states that no revenue traffic Anyone can search the electronic
special curr.) = 7.3 hours has moved on the discontinued portion form of any written communications
171.0 hours + 8.1 hours = 180 total of the Illinois Subdivision since June of and comments received into any of our
burden hours 2016. Because CSXT has no current dockets by the name of the individual
intention of resuming revenue service submitting the comment (or signing the
sradovich on DSK3GMQ082PROD with NOTICES
The FAA is also making a burden
adjustment to the number of pilot on this Subdivision, CSXT seeks this document, if submitted on behalf of an
schools, increasing the population from relief to remove the cars and rail-bound association, business, labor union, etc.).
546 pilot schools to 581 pilot schools. equipment from its tracks as In accordance with 5 U.S.C. 553(c), DOT
Respondents: 581 pilot schools. expeditiously as possible. Specifically, solicits comments from the public to
Frequency: As needed for new CSXT seeks relief to operate over non- better inform its processes. DOT posts
applicants; every 24 months for functioning highway-rail grade these comments, without edit, including
renewals of existing pilot schools. crossings without making inspections any personal information the
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![Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 45005
commenter provides, to key. There is one emergency brake pull Lastly, the Caltrain EMU vehicle is
www.regulations.gov, as described in handle per doorway area, four total per configured with both high-level and
the system of records notice (DOT/ALL– car, and each is appropriately stenciled low-level side entry doors. When the
14 FDMS), which can be reviewed at with the nomenclature ‘‘Emergency EMU is first placed into service, only
www.dotransportation.gov/privacy. See Brake.’’ Although the Caltrain EMU the low-level doors will be utilized and
also http://www.regulations.gov/ emergency brake pull handles are not are accessed from Caltrain’s existing 8-
#!privacyNotice for the privacy notice of technically ‘‘valves’’ as specified in the inch high platforms. Each low-level side
regulations.gov. regulatory language, Caltrain contends door is equipped with a retractable step
they perform the same function as the to allow passengers to transition from
Robert C. Lauby,
required Emergency Brake Valve and the 8-inch platform to the 22-inch
Associate Administrator for Safety, Chief satisfy the requirements of 49 CFR lower-level floor height. The step is
Safety Officer. 229.47(b) and 238.305(c)(5). located at approximately 16 inches
[FR Doc. 2018–19106 Filed 8–31–18; 8:45 am] Second, Caltrain seeks a waiver of ATOR. In addition, extended vertical
BILLING CODE 4910–06–P compliance from the clearance above- handholds are located inside the
top-of-rail (ATOR) requirements of 49 doorways to facilitate the boarding/
CFR 229.71. The Caltrain EMU will alighting process. Therefore, Caltrain
DEPARTMENT OF TRANSPORTATION utilize Magnetic Track Brakes that are petitions FRA to accept the EMU
mounted on each non-powered (i.e., vehicle without sill steps, side
Federal Railroad Administration trailer) truck of each car. The track brake handholds, end handholds, or
[Docket Number FRA–2018–0067] has two positions: Stowed and uncoupling levers.
deployed. In its normal stowed position, A copy of the petition, as well as any
Petition for Waiver of Compliance the track brake is positioned 3.9 inches written communications concerning the
ATOR. Under maximum permissible petition, is available for review online at
Under part 211 of Title 49 Code of
wear conditions, the track brake www.regulations.gov and in person at
Federal Regulations (CFR), this
assembly will remain 2.5 inches ATOR. the U.S. Department of Transportation’s
document provides the public notice
In the deployed position, the track brake (DOT) Docket Operations Facility, 1200
that on August 6, 2018, the Federal
is in contact with the top of rail thus New Jersey Avenue SE, W12–140,
Railroad Administration (FRA) received
violating the minimum required Washington, DC 20590. The Docket
a petition from the San Mateo County clearance specified in 49 CFR 229.71.
Transit District, on behalf of Caltrain, Operations Facility is open from 9 a.m.
Caltrain believes the use of the magnetic to 5 p.m., Monday through Friday,
for a waiver of compliance from certain track brake enhances the braking
provisions of the Federal railroad safety except Federal Holidays.
capabilities of the vehicle and only Interested parties are invited to
regulations contained at 49 CFR parts violates the required clearance when
229, 231, and 238. Specifically, Caltrain participate in these proceedings by
activated and in use. submitting written views, data, or
seeks a waiver of compliance for their Third, Caltrain seeks a waiver of
new Stadler-built KISS Electric Multiple comments. FRA does not anticipate
compliance from the safety appliance scheduling a public hearing in
Unit (EMU) railcars specific to the requirements of 49 CFR 229.71(b), Sill
passenger area emergency brake valve, connection with these proceedings since
steps, (c) Side handholds, (d) End the facts do not appear to warrant a
the clearance above top of rail, and the handholds, (f) Side-door steps, and (g)
safety appliances. FRA assigned the hearing. If any interested parties desire
Uncoupling levers, as well as 49 CFR an opportunity for oral comment and a
petition Docket Number FRA–2018– 238.229 and 238.230(d). Caltrain
0067. public hearing, they should notify FRA,
believes sill steps and side handholds in writing, before the end of the
First, Caltrain seeks a waiver of are intended to allow railroad
compliance from the emergency brake comment period and specify the basis
employees to ride the outside of the for their request.
valve requirements of 49 CFR 229.47(b) vehicle during switching moves to All communications concerning these
and 238.305(c)(5), which require certain manually couple/uncouple cars and proceedings should identify the
equipment to be equipped with an make up manual hose connections. appropriate docket number and may be
emergency brake valve accessible to Similarly, end handholds and submitted by any of the following
another crew member in the passenger uncoupling levers are intended to methods:
compartment and have the words provide a secure hand grip for a railroad • Website: http://
‘‘Emergency Brake Valve’’ legibly worker while performing manual www.regulations.gov. Follow the online
stenciled or marked near each valve, or coupling or uncoupling of conventional instructions for submitting comments.
be shown on an adjacent badge plate. rail vehicles where it is necessary for • Fax: 202–493–2251.
The Caltrain EMU utilizes pull handles the mechanical end connections to be • Mail: Docket Operations Facility,
to provide a means for crew members connected or disconnected manually U.S. Department of Transportation, 1200
and passengers to initiate an emergency from the ground by a railway employee. New Jersey Avenue SE, W12–140,
brake condition. The vehicle is Not only will Caltrain operating rules Washington, DC 20590.
equipped with a modern electro- prohibit personnel to mount the exterior • Hand Delivery: 1200 New Jersey
pneumatic brake system that does not of the EMU, but Caltrain will not use the Avenue SE, Room W12–140,
rely on a conventional train-lined brake EMU to make any equipment moves Washington, DC 20590, between 9 a.m.
pipe to initiate an emergency brake within yards, storage tracks, or other and 5 p.m., Monday through Friday,
command to the train. Instead,
sradovich on DSK3GMQ082PROD with NOTICES
areas where personnel would be except Federal Holidays.
emergency brake commands are required to utilize any exterior steps or Communications received by October
transmitted using electronic signals handholds. The EMU automatic coupler 19, 2018 will be considered by FRA
using fail-safe design principles. When design allows all mechanical, before final action is taken. Comments
a pull handle is activated (or ‘‘pulled’’), pneumatic, and electrical end received after that date will be
propulsion is cut and irretrievable connections to be accomplished without considered if practicable.
emergency brake is initiated. The manual intervention and without Anyone can search the electronic
handle can only be reset using a crew requiring personnel to leave the vehicle. form of any written communications
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Document Created: 2018-09-01 02:59:04
Document Modified: 2018-09-01 02:59:04
| 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 45004 |
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