83_FR_4748 83 FR 4726 - Petition for Waiver of Compliance

83 FR 4726 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 22 (February 1, 2018)

Page Range4726-4727
FR Document2018-01962

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4726-4727]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01962]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0006]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on January 5, 2018, Northern Plains 
Railroad (NPR), 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 229. FRA assigned 
the petition Docket Number FRA-2018-0006.
    Specifically, NPR seeks a waiver of compliance from a portion of 49 
CFR 229.47, Emergency brake valve, for five SD60F locomotives (Numbers 
5513,

[[Page 4727]]

5517, 5518, 5525, and 5535) that were purchased from Canadian National 
Railway (CN). These units do not have the required emergency brake 
valve installed at the rear exit door.
    NPR is a regional railroad operating on a 350-mile network in North 
Dakota and western Minnesota. NPR's primary commodities handled include 
wheat, soybeans, corn, aggregates, and miscellaneous industrial 
products. The maximum operating speed on the NPR is 25 miles per hour. 
NPR has had no history of vandalism, two reportable train accidents 
since 2013, and an injury frequency rate of under one percent for the 
last two years. NPR indicates that these units will be used in road 
service and will be paired together. NPR does not see this waiver of 
compliance adversely affecting safety.
    NPR believes that 49 CFR 229.47 was established to provide a crew 
member a means of initiating an emergency stop when they are unable to 
give the locomotive operator a visual signal to stop while making a 
reverse movement. This would only apply to locomotives that do not have 
an exposed walkway on the end of the car body. The five full body 
locomotives are all equipped with a walkway and corner steps that 
provide a position for crew to direct the locomotive engineer while 
making a reverse movement. Because these end platforms, which are 
identical to that of a regular body locomotive, are available and 
equipped with corner steps, NPR crews would not place themselves inside 
the locomotive engine compartment to direct a reverse movement, thereby 
making the application of this emergency brake valve meaningless. 
Therefore, NPR is requesting a waiver from the requirement that an 
emergency brake pipe valve be installed adjacent to the rear door for 
these five units.
    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 March 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.). 
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. 2018-01962 Filed 1-31-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                4726                         Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices

                                                  Documents reflecting the LAWA’s                         Issued in Lawndale, California, on January            • website: http://
                                                request are available, by appointment                   23, 2018.                                             www.regulations.gov. Follow the online
                                                only, at the FAA Los Angeles Airports                   David F. Cushing,                                     instructions for submitting comments.
                                                District Office.                                        Manager, Los Angeles Airports District Office,          • Fax: 202–493–2251.
                                                                                                        Western-Pacific Region.                                 • Mail: Docket Operations Facility,
                                                DATES: Comments must be received on
                                                                                                        [FR Doc. 2018–02014 Filed 1–31–18; 8:45 am]           U.S. Department of Transportation, 1200
                                                or before March 5, 2018.
                                                                                                        BILLING CODE 4910–13–P                                New Jersey Avenue SE, W12–140,
                                                ADDRESSES:   Documents are available for                                                                      Washington, DC 20590.
                                                review at the FAA Los Angeles Airports                                                                          • Hand Delivery: 1200 New Jersey
                                                District Office, 15000 Aviation                         DEPARTMENT OF TRANSPORTATION                          Avenue SE, Room W12–140,
                                                Boulevard, Room 3000, Lawndale, CA                                                                            Washington, DC 20590, between 9 a.m.
                                                90261, 310–725–3608. Written                            Federal Railroad Administration                       and 5 p.m., Monday through Friday,
                                                comments on LAWA’s request must be                      [Docket Number FRA–2001–10214]                        except Federal Holidays.
                                                delivered or mailed, 2 copies to: Lemuel                                                                        Communications received by March
                                                del Castillo, 15000 Aviation Boulevard                  Petition for Waiver of Compliance                     19, 2018 will be considered by FRA
                                                Room 3000, Lawndale, CA 90261, 310–                                                                           before final action is taken. Comments
                                                                                                           Under part 211 of Title 49 of the Code
                                                725–3651.                                                                                                     received after that date will be
                                                                                                        of Federal Regulations (CFR), this
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              considered if practicable.
                                                                                                        provides the public notice that on
                                                Lemuel del Castillo, 15000 Aviation                                                                             Anyone can search the electronic
                                                                                                        December 22, 2017, the Minnesota
                                                Boulevard, Room 3000, Lawndale, CA                                                                            form of any written communications
                                                                                                        Northern Railroad (MNN) petitioned the
                                                90261, 310–725–3651.                                                                                          and comments received into any of our
                                                                                                        Federal Railroad Administration (FRA)
                                                                                                                                                              dockets by the name of the individual
                                                SUPPLEMENTARY INFORMATION:      Section                 for an extension of a waiver from certain
                                                                                                                                                              submitting the comment (or signing the
                                                125 of The Wendell H. Ford Aviation                     provisions of the Federal railroad safety
                                                                                                                                                              document, if submitted on behalf of an
                                                Investment and Reform Act for the 21st                  regulations contained at 49 CFR part
                                                                                                                                                              association, business, labor union, etc.).
                                                Century (AIR–21) requires the FAA to                    223. FRA assigned the petition Docket
                                                                                                                                                              Under 5 U.S.C. 553(c), DOT solicits
                                                provide an opportunity for public notice                Number FRA–2001–10214.
                                                                                                           Specifically, the MNN seeks to extend              comments from the public to better
                                                and comment prior to the ‘‘waiver’’ or                                                                        inform its processes. DOT posts these
                                                                                                        its existing waiver from 49 Code of
                                                ‘‘modification’’ of a sponsor’s Federal                                                                       comments, without edit, including any
                                                                                                        Federal Regulations (CFR) § 223.13,
                                                obligation to use certain airport land for                                                                    personal information the commenter
                                                                                                        regarding the glazing on caboose (MNN
                                                aeronautical purposes.                                                                                        provides, to www.regulations.gov, as
                                                                                                        019.
                                                   The following is a brief overview of                    The MNN states that the                            described in the system of records
                                                the request: The project site is located                circumstances at the time of the original             notice (DOT/ALL–14 FDMS), which can
                                                within the City of Los Angeles, on                      grant of waiver have not changed. The                 be reviewed at https://
                                                LAWA’s property, adjacent to LAX. The                   caboose is still only used on special                 www.transportation.gov/privacy. See
                                                project site is located on the east and                 occasions as an office car for officials              also https://www.regulations.gov/
                                                west side of Falmouth Avenue, just                      and private persons for railroad                      privacyNotice for the privacy notice of
                                                north of Westchester Parkway. The                       business purposes. The territory that it              regulations.gov.
                                                project site is vacant land with no                     operates in is primarily rural.                         Issued in Washington, DC.
                                                structures currently onsite. LAWA                          A copy of the petition, as well as any             Robert C. Lauby,
                                                requests to develop the land with the                   written communications concerning the                 Associate Administrator for Railroad Safety,
                                                Argo Drain Sub-Basin Facility (Sub-                     petition, is available for review online at           Chief Safety Officer.
                                                Basin Facility) to address airport                      www.regulations.gov and in person at                  [FR Doc. 2018–01958 Filed 1–31–18; 8:45 am]
                                                environmental compliance needs. The                     the U.S. Department of Transportation’s               BILLING CODE 4910–06–P
                                                Sub-Basin Facility is primarily an                      (DOT) Docket Operations Facility, 1200
                                                underground storm water treatment                       New Jersey Avenue SE, W12–140,
                                                facility designed to potentially allow                  Washington, DC 20590. The Docket                      DEPARTMENT OF TRANSPORTATION
                                                open space uses on the surface. The                     Operations Facility is open from 9 a.m.
                                                Sub-Basin Facility also includes two                    to 5 p.m., Monday through Friday,                     Federal Railroad Administration
                                                above-ground elements: a pump facility                  except Federal Holidays.
                                                and blower building. LAWA’s industrial                                                                        [Docket Number FRA–2018–0006]
                                                                                                           Interested parties are invited to
                                                areas, existing and future capitals                     participate in these proceedings by                   Petition for Waiver of Compliance
                                                improvement projects will need                          submitting written views, data, or
                                                multiple independent storm water                        comments. FRA does not anticipate                       Under part 211 of Title 49 Code of
                                                treatment facilities. This project will                 scheduling a public hearing in                        Federal Regulations (CFR), this provides
                                                avoid the construction of multiple                      connection with these proceedings since               the public notice that on January 5,
                                                independent facilities. The Argo-Drain                  the facts do not appear to warrant a                  2018, Northern Plains Railroad (NPR),
                                                Sub-Basin will allow LAWA to achieve                    hearing. If any interested parties desire             petitioned the Federal Railroad
                                                a campus-wide approach to compliance                    an opportunity for oral comment and a                 Administration (FRA) for a waiver of
                                                with Low Impact Development                             public hearing, they should notify FRA,               compliance from certain provisions of
                                                requirements. It will also assist with the                                                                    the Federal railroad safety regulations
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        in writing, before the end of the
                                                overall compliance strategy for                         comment period and specify the basis                  contained at 49 CFR part 229. FRA
                                                Industrial General Permit requirements.                 for their request.                                    assigned the petition Docket Number
                                                LAWA and Los Angeles Bureau of                             All communications concerning these                FRA–2018–0006.
                                                Sanitation will have a lease agreement                  proceedings should identify the                         Specifically, NPR seeks a waiver of
                                                in place in order to address the share of               appropriate docket number and may be                  compliance from a portion of 49 CFR
                                                financial responsibility for the Sub-                   submitted by any of the following                     229.47, Emergency brake valve, for five
                                                Basin Facility.                                         methods:                                              SD60F locomotives (Numbers 5513,


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                                                                             Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices                                            4727

                                                5517, 5518, 5525, and 5535) that were                   in writing, before the end of the                     regulations contained at 49 CFR part
                                                purchased from Canadian National                        comment period and specify the basis                  223. FRA assigned the petition Docket
                                                Railway (CN). These units do not have                   for their request.                                    Number FRA–2007–27556.
                                                the required emergency brake valve                        All communications concerning these                    Specifically, SMS Rail Service (SLRS)
                                                installed at the rear exit door.                        proceedings should identify the                       is seeking an extension of its waiver of
                                                   NPR is a regional railroad operating                 appropriate docket number and may be                  compliance from 49 CFR 223.11,
                                                on a 350-mile network in North Dakota                   submitted by any of the following                     Requirements for existing locomotives,
                                                and western Minnesota. NPR’s primary                    methods:                                              for the glazing in one of its locomotives,
                                                commodities handled include wheat,                        • Website: http://                                  SLRS 412. Locomotive SLRS 412 is a
                                                soybeans, corn, aggregates, and                         www.regulations.gov. Follow the online                Baldwin VO–1000, built in 1945, and is
                                                miscellaneous industrial products. The                  instructions for submitting comments.                 owned by the United Railroad Historical
                                                maximum operating speed on the NPR                        • Fax: 202–493–2251.                                Society, a non-profit organization. The
                                                is 25 miles per hour. NPR has had no                      • Mail: Docket Operations Facility,                 locomotive is currently out of service;
                                                history of vandalism, two reportable                    U.S. Department of Transportation, 1200               however, SLRS would like to be able to
                                                train accidents since 2013, and an injury               New Jersey Avenue SE, W12–140,                        operate it again in limited service
                                                frequency rate of under one percent for                 Washington, DC 20590.                                 should they be able to facilitate repairs.
                                                the last two years. NPR indicates that                    • Hand Delivery: 1200 New Jersey                    Locomotive SLRS 412 would be
                                                these units will be used in road service                Avenue SE, Room W12–140,                              operated in limited use and exclusively
                                                and will be paired together. NPR does                   Washington, DC 20590, between 9 a.m.                  within the Pureland Industrial Park in
                                                not see this waiver of compliance                       and 5 p.m., Monday through Friday,                    Bridgeport, NJ. SLRS represents that
                                                adversely affecting safety.                             except Federal Holidays.                              there is no history of broken glazing on
                                                   NPR believes that 49 CFR 229.47 was                    Communications received by March                    this railroad, and no overhead bridges or
                                                established to provide a crew member a                  19, 2018 will be considered by FRA                    tunnels on the trackage. Maximum
                                                means of initiating an emergency stop                   before final action is taken. Comments                operating speed would be 10 miles per
                                                when they are unable to give the                        received after that date will be                      hour.
                                                locomotive operator a visual signal to                  considered if practicable.                               A copy of the petition, as well as any
                                                stop while making a reverse movement.                     Anyone can search the electronic                    written communications concerning the
                                                This would only apply to locomotives                    form of any written communications                    petition, is available for review online at
                                                that do not have an exposed walkway                     and comments received into any of our                 www.regulations.gov and in person at
                                                on the end of the car body. The five full               dockets by the name of the individual                 the U.S. Department of Transportation’s
                                                body locomotives are all equipped with                  submitting the comment (or signing the                (DOT) Docket Operations Facility, 1200
                                                a walkway and corner steps that provide                 document, if submitted on behalf of an                New Jersey Avenue SE, W12–140,
                                                a position for crew to direct the                                                                             Washington, DC 20590. The Docket
                                                                                                        association, business, labor union, etc.).
                                                locomotive engineer while making a                                                                            Operations Facility is open from 9 a.m.
                                                                                                        Under 5 U.S.C. 553(c), DOT solicits
                                                reverse movement. Because these end                                                                           to 5 p.m., Monday through Friday,
                                                                                                        comments from the public to better
                                                platforms, which are identical to that of                                                                     except Federal Holidays.
                                                                                                        inform its processes. DOT posts these
                                                a regular body locomotive, are available                                                                         Interested parties are invited to
                                                                                                        comments, without edit, including any
                                                and equipped with corner steps, NPR                                                                           participate in these proceedings by
                                                                                                        personal information the commenter
                                                crews would not place themselves                                                                              submitting written views, data, or
                                                                                                        provides, to www.regulations.gov, as
                                                inside the locomotive engine                                                                                  comments. FRA does not anticipate
                                                                                                        described in the system of records
                                                compartment to direct a reverse                                                                               scheduling a public hearing in
                                                                                                        notice (DOT/ALL–14 FDMS), which can
                                                movement, thereby making the                                                                                  connection with these proceedings since
                                                application of this emergency brake                     be reviewed at https://
                                                                                                        www.transportation.gov/privacy. See                   the facts do not appear to warrant a
                                                valve meaningless. Therefore, NPR is                                                                          hearing. If any interested parties desire
                                                requesting a waiver from the                            also https://www.regulations.gov/
                                                                                                        privacyNotice for the privacy notice of               an opportunity for oral comment and a
                                                requirement that an emergency brake                                                                           public hearing, they should notify FRA,
                                                pipe valve be installed adjacent to the                 regulations.gov.
                                                                                                                                                              in writing, before the end of the
                                                rear door for these five units.                           Issued in Washington, DC.                           comment period and specify the basis
                                                   A copy of the petition, as well as any               Robert C. Lauby,                                      for their request.
                                                written communications concerning the                   Associate Administrator for Railroad Safety              All communications concerning these
                                                petition, is available for review online at             Chief Safety Officer.                                 proceedings should identify the
                                                www.regulations.gov and in person at                    [FR Doc. 2018–01962 Filed 1–31–18; 8:45 am]           appropriate docket number and may be
                                                the U.S. Department of Transportation’s                 BILLING CODE 4910–06–P                                submitted by any of the following
                                                (DOT) Docket Operations Facility, 1200                                                                        methods:
                                                New Jersey Avenue SE, W12–140,                                                                                   • Website: http://
                                                Washington, DC 20590. The Docket                        DEPARTMENT OF TRANSPORTATION                          www.regulations.gov. Follow the online
                                                Operations Facility is open from 9 a.m.                                                                       instructions for submitting comments.
                                                to 5 p.m., Monday through Friday,                       Federal Railroad Administration                          • Fax: 202–493–2251.
                                                except Federal Holidays.
                                                                                                        [Docket Number FRA–2007–27556]
                                                                                                                                                                 • Mail: Docket Operations Facility,
                                                   Interested parties are invited to                                                                          U.S. Department of Transportation, 1200
                                                participate in these proceedings by                     Petition for Waiver of Compliance                     New Jersey Avenue SE, W12–140,
                                                submitting written views, data, or
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                                                                                                                                                              Washington, DC 20590.
                                                comments. FRA does not anticipate                         Under part 211 of Title 49 Code of                     • Hand Delivery: 1200 New Jersey
                                                scheduling a public hearing in                          Federal Regulations (CFR), this provides              Avenue SE, Room W12–140,
                                                connection with these proceedings since                 the public notice that on January 17,                 Washington, DC 20590, between 9 a.m.
                                                the facts do not appear to warrant a                    2018, SMS Rail Service petitioned the                 and 5 p.m., Monday through Friday,
                                                hearing. If any interested parties desire               Federal Railroad Administration (FRA)                 except Federal Holidays.
                                                an opportunity for oral comment and a                   for a waiver of compliance from certain                  Communications received by March
                                                public hearing, they should notify FRA,                 provisions of the Federal railroad safety             19, 2018 will be considered by FRA


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Document Created: 2018-10-26 13:48:32
Document Modified: 2018-10-26 13:48:32
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 4726 

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