83_FR_4749 83 FR 4727 - Petition for Waiver of Compliance

83 FR 4727 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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

Page Range4727-4728
FR Document2018-01960

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4727-4728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01960]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-27556]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on January 17, 2018, SMS Rail Service 
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 223. FRA assigned the petition 
Docket Number FRA-2007-27556.
    Specifically, SMS Rail Service (SLRS) is seeking an extension of 
its waiver of compliance from 49 CFR 223.11, Requirements for existing 
locomotives, for the glazing in one of its locomotives, SLRS 412. 
Locomotive SLRS 412 is a Baldwin VO-1000, built in 1945, and is owned 
by the United Railroad Historical Society, a non-profit organization. 
The locomotive is currently out of service; however, SLRS would like to 
be able to operate it again in limited service should they be able to 
facilitate repairs. Locomotive SLRS 412 would be operated in limited 
use and exclusively within the Pureland Industrial Park in Bridgeport, 
NJ. SLRS represents that there is no history of broken glazing on this 
railroad, and no overhead bridges or tunnels on the trackage. Maximum 
operating speed would be 10 miles per hour.
    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

[[Page 4728]]

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. 2018-01960 Filed 1-31-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                                             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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                                                4728                         Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices

                                                before final action is taken. Comments                    Amtrak requests relief for the two                    Anyone can search the electronic
                                                received after that date will be                        Talgo Series 8 trainsets from the                     form of any written communications
                                                considered if practicable.                              requirements of 49 CFR 238.131(b),                    and comments received into any of our
                                                  Anyone can search the electronic                      Safety System for Manual and Powered                  dockets by the name of the individual
                                                form of any written communications                      Side Doors—propulsion interlock,                      submitting the comment (or signing the
                                                and comments received into any of our                   which applies to passenger cars                       document, if submitted on behalf of an
                                                dockets by the name of the individual                   beginning service after February 5, 2018,             association, business, labor union, etc.).
                                                submitting the comment (or signing the                  and § 238.133, Exterior side door safety              Under 5 U.S.C. 553(c), DOT solicits
                                                document, if submitted on behalf of an                  systems—all passenger cars and                        comments from the public to better
                                                association, business, labor union, etc.).              locomotives used in a passenger service.              inform its processes. DOT posts these
                                                Under 5 U.S.C. 553(c), DOT solicits                       The Talgo Series 8 trainsets currently              comments, without edit, including any
                                                comments from the public to better                      in operation have been in service since               personal information the commenter
                                                inform its processes. DOT posts these                   2013 and are therefore exempt from the                provides, to www.regulations.gov, as
                                                comments, without edit, including any                   requirements of §§ 238.131(b) and                     described in the system of records
                                                personal information the commenter                      238.133 because they were ordered prior               notice (DOT/ALL–14 FDMS), which can
                                                provides, to www.regulations.gov, as                    to April 5, 2016 and placed into service              be reviewed at https://
                                                described in the system of records                      prior to February 5, 2018. The Talgo                  www.transportation.gov/privacy. See
                                                notice (DOT/ALL–14 FDMS), which can                     Series 8 trainsets to be leased are                   also https://www.regulations.gov/
                                                be reviewed at https://                                 identical to the Series 8 trainsets                   privacyNotice for the privacy notice of
                                                www.transportation.gov/privacy. See                     currently in operation. The relief would              regulations.gov.
                                                also https://www.regulations.gov/                       apply only to the trainsets to be leased
                                                                                                                                                                Issued in Washington, DC.
                                                privacyNotice for the privacy notice of                 from Talgo that have never been placed
                                                regulations.gov.                                                                                              Robert C. Lauby,
                                                                                                        in service.
                                                                                                          A copy of the petition, as well as any              Associate Administrator for Railroad Safety
                                                  Issued in Washington, DC.
                                                                                                        written communications concerning the                 Chief Safety Officer.
                                                Robert C. Lauby,
                                                                                                        petition, is available for review online at           [FR Doc. 2018–01961 Filed 1–31–18; 8:45 am]
                                                Associate Administrator for Railroad Safety,
                                                Chief Safety Officer.                                   www.regulations.gov and in person at                  BILLING CODE 4910–06–P

                                                [FR Doc. 2018–01960 Filed 1–31–18; 8:45 am]
                                                                                                        the Department of Transportation’s
                                                                                                        Docket Operations Facility, 1200 New
                                                BILLING CODE 4910–06–P
                                                                                                        Jersey Ave. SE, W12–140, Washington,                  DEPARTMENT OF TRANSPORTATION
                                                                                                        DC 20590. The Docket Operations
                                                                                                                                                              Federal Railroad Administration
                                                DEPARTMENT OF TRANSPORTATION                            Facility is open from 9 a.m. to 5 p.m.,
                                                                                                        Monday through Friday, except Federal                 [Docket Number FRA–2002–14116]
                                                Federal Railroad Administration                         Holidays.
                                                                                                          Interested parties are invited to                   Petition for Waiver of Compliance
                                                [Docket Number FRA–2018–0005]
                                                                                                        participate in these proceedings by
                                                                                                                                                                Under part 211 of Title 49 of the Code
                                                Petition for Waiver of Compliance                       submitting written views, data, or
                                                                                                                                                              of Federal Regulations (CFR), this
                                                                                                        comments. FRA does not anticipate
                                                  Under part 211 of Title 49 of the Code                                                                      provides the public notice that on
                                                                                                        scheduling a public hearing in
                                                of Federal Regulations (CFR), this                                                                            January 23, 2018, Grand Trunk Western
                                                                                                        connection with these proceedings since
                                                provides the public notice that on                                                                            Railroad Company (GTW), which
                                                                                                        the facts do not appear to warrant a
                                                January 2, 2018, the National Railroad                                                                        operates under the trade name Canadian
                                                                                                        hearing. If any interested parties desire
                                                Passenger Corporation (Amtrak)                                                                                National Railway (CN), has petitioned
                                                                                                        an opportunity for oral comment, they
                                                petitioned the Federal Railroad                                                                               the Federal Railroad Administration
                                                                                                        should notify FRA, in writing, before
                                                Administration (FRA) for a waiver of                                                                          (FRA) for an extension of an existing
                                                                                                        the end of the comment period and
                                                compliance from certain provisions of                                                                         waiver of compliance from certain
                                                                                                        specify the basis for their request.
                                                the Federal railroad safety regulations                   All communications concerning these                 provisions of the Federal railroad safety
                                                contained at 49 CFR part 238, Passenger                 proceedings should identify the                       regulations contained at 49 CFR
                                                Equipment Safety Standards. FRA                         appropriate docket number and may be                  236.408, Route Locking, and to make the
                                                assigned the petition docket number                     submitted by any of the following                     waiver of compliance permanent. FRA
                                                FRA–2018–0005.                                          methods:                                              assigned the petition docket number
                                                  Amtrak plans to lease two articulated                   • Website: http://                                  FRA–2002–14116.
                                                Series 8 trainsets from Tren Articulado                 www.regulations.gov. Follow the online                  In 2002 CN requested permission to
                                                Ligero Goicoechea Oriol (Talgo) to                      instructions for submitting comments.                 operate the 32nd Street Crossover,
                                                support its Cascade intercity service.                    • Fax: 202–493–2251.                                power operated switches, at milepost
                                                The Cascade service operates between                       • Mail: Docket Operations Facility,                333.28, in the existing traffic control
                                                Eugene, OR and Vancouver, BC. The                       U.S. Department of Transportation, 1200               system, at Port Huron, Michigan, on the
                                                service uses both Talgo Series 6 and                    New Jersey Avenue SE, W12–140,                        Flint Subdivision, Midwest Division,
                                                Series 8 trainsets. Amtrak currently has                Washington, DC 20590.                                 without Route Locking. The request was
                                                two Series 8 trainsets now in service                      • Hand Delivery: 1200 New Jersey                   based on the fact that the crossover
                                                that were purchased by the state of                     Avenue SE, Room W12–140,                              design is not uncommon in the railroad
                                                                                                                                                              industry, and provides all the requisite
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                                                Oregon in 2013. The two train sets to be                Washington, DC 20590, between 9 a.m.
                                                leased from Talgo were originally built                 and 5 p.m., Monday through Friday,                    components and safety features of a
                                                for the state of Wisconsin in 2013 but                  except Federal Holidays.                              standard interlocking, or an electric lock
                                                never purchased. The trainsets have                        Communications received by March                   location. FRA initially granted CN’s
                                                never been operated but have been                       19, 2018 will be considered by FRA                    request in 2003, extending the relief in
                                                stored in serviceable condition at the                  before final action is taken. Comments                2008 and 2013.
                                                Amtrak Beech Grove facility in Beech                    received after that date will be                        CN states that it has operated under
                                                Grove, IN.                                              considered if practicable.                            this waiver for fifteen years without


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Document Created: 2018-10-26 13:47:58
Document Modified: 2018-10-26 13:47:58
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 4727 

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