83_FR_55664 83 FR 55450 - Petition for Waiver of Compliance

83 FR 55450 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range55450-55451
FR Document2018-24122

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018) 
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55450-55451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24122]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0083]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on October 4, 2018, the BNSF 
Railway Company (BNSF), petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR 225.25, Recordkeeping. 
FRA assigned the petition Docket Number FRA-2018-0083.
    Specifically, BNSF seeks a waiver of compliance from 49 CFR 
225.25(h) which states, in part, ``Except as provided in paragraph 
(h)(15) of this section, a listing of all injuries and occupational 
illnesses reported to FRA as having occurred at an establishment shall 
be posted in a conspicuous location at that establishment, within 30 
days after the expiration of the month during which the injuries and 
illnesses occurred, if the establishment has been in continual 
operation for a minimum of 90 calendar days.''
    BNSF requests a waiver regarding the actual posting of the monthly 
listing of employee reportable injuries, occupational illnesses, and 
fatalities, as reported to FRA that have occurred during the past 12-
month period at each establishment. In lieu of physically posting a 
``paper'' copy of the monthly listing at each establishment, BNSF has 
developed an electronic version that would be available to its 
employees by accessing this information on computer terminals located 
at company facilities and personal devices. BNSF would place posters on 
the notice boards at each establishment indicating that the monthly 
listings are available to be viewed in two ways: electronically through 
access from a computer terminal, or through direct request of a 
manager.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

[[Page 55451]]

    Communications received by December 20, 2018 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-24122 Filed 11-2-18; 8:45 am]
 BILLING CODE 4910-06-P

55450 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices Phase Days Inspection Metric 3 ...................... 121–300 ......... • Data-driven focused manual visual inspections ...... Reduction from baseline: • Twice monthly mandated manual visual mainline 1. Unprotected Red tags/100 miles = 4.8 or inspections; monthly sidings. below measured quarterly (31% reduction). • Data driven geometry car frequency, with a min- imum of two such tests per month. • Automated Optical inspection platform added at same frequency of track geometry testing. • ATIP Test end of phase 3 ....................................... 4 ...................... 301–365 ......... • Data-driven focused manual visual inspections ...... Reduction from baseline: • Twice monthly manual visual mainline inspections; 1. Unprotected Red tags/100 miles = 4.6 or monthly sidings. below measured quarterly (34% reduction). • Data driven geometry car testing frequency, with a minimum of two such tests per month. • Data driven optical testing frequency, with a min- imum of two such tests per month. • Additional technology tested .................................... • Joint BNSF/FRA Manual Field Inspection ............... Table 1: Phases of Test Program. FRA approved the Test Program and DEPARTMENT OF TRANSPORTATION each establishment indicating that the granted BNSF’s petition for a temporary monthly listings are available to be suspension of 49 CFR 213.233(c) subject Federal Railroad Administration viewed in two ways: electronically to certain conditions designed to ensure [Docket Number FRA–2018–0083] through access from a computer the safety of the Test Program. Among terminal, or through direct request of a those conditions, BNSF must Petition for Waiver of Compliance manager. demonstrate to FRA how it will A copy of the petition, as well as any Under part 211 of Title 49 Code of written communications concerning the implement the ‘‘data driven focused Federal Regulations (CFR), this manual visual inspections’’ in Phases 3 petition, is available for review online at document provides the public notice www.regulations.gov and in person at and 4 of the Test Program and the that on October 4, 2018, the BNSF the U.S. Department of Transportation’s railroad must meet the metrics specified Railway Company (BNSF), petitioned (DOT) Docket Operations Facility, 1200 in the Test Program to monitor and the Federal Railroad Administration New Jersey Avenue SE, W12–140, measure the effectiveness of the (FRA) for a waiver of compliance from Washington, DC 20590. The Docket technologies being tested. If those certain provisions of the Federal Operations Facility is open from 9 a.m. metrics cannot be met in any phase of railroad safety regulations contained at to 5 p.m., Monday through Friday, the program, BNSF must revise the Test 49 CFR 225.25, Recordkeeping. FRA except Federal Holidays. Program. A copy of FRA’s letters assigned the petition Docket Number Interested parties are invited to approving BNSF’s Test Program and FRA–2018–0083. participate in these proceedings by granting the requested limited, Specifically, BNSF seeks a waiver of submitting written views, data, or temporary suspension of 49 CFR compliance from 49 CFR 225.25(h) comments. FRA does not anticipate 213.233(c) is available in the public which states, in part, ‘‘Except as scheduling a public hearing in docket at www.regulations.gov (docket provided in paragraph (h)(15) of this connection with these proceedings since no. FRA–2018–0091). section, a listing of all injuries and the facts do not appear to warrant a occupational illnesses reported to FRA hearing. If any interested parties desire FRA finds that the temporary, limited as having occurred at an establishment an opportunity for oral comment and a suspension of 49 CFR 213.233(c) is shall be posted in a conspicuous necessary to the conduct of the public hearing, they should notify FRA, location at that establishment, within 30 in writing, before the end of the approved Test Program which is days after the expiration of the month comment period and specify the basis specifically designed to evaluate the during which the injuries and illnesses for their request. effectiveness of various types of occurred, if the establishment has been All communications concerning these automated track inspection in continual operation for a minimum of proceedings should identify the technologies. FRA also finds that the 90 calendar days.’’ appropriate docket number and may be scope and application of the granted BNSF requests a waiver regarding the submitted by any of the following suspension of 49 CFR 213.233(c) as actual posting of the monthly listing of methods: applied to the Test Program is limited employee reportable injuries, • Website: http:// to that necessary to facilitate the occupational illnesses, and fatalities, as www.regulations.gov. Follow the online conduct of the Test Program. reported to FRA that have occurred instructions for submitting comments. during the past 12-month period at each • Fax: 202–493–2251. Robert C. Lauby, establishment. In lieu of physically • Mail: Docket Operations Facility, Associate Administrator for Railroad Safety posting a ‘‘paper’’ copy of the monthly U.S. Department of Transportation, 1200 Chief Safety Officer. listing at each establishment, BNSF has New Jersey Avenue SE, W12–140, [FR Doc. 2018–24111 Filed 11–2–18; 8:45 am] developed an electronic version that Washington, DC 20590. BILLING CODE 4910–06–P would be available to its employees by • Hand Delivery: 1200 New Jersey accessing this information on computer Avenue SE, Room W12–140, terminals located at company facilities Washington, DC 20590, between 9 a.m. and personal devices. BNSF would and 5 p.m., Monday through Friday, place posters on the notice boards at except Federal Holidays. VerDate Sep<11>2014 18:38 Nov 02, 2018 Jkt 247001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1

Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices 55451 Communications received by locomotives. As proposed, TSR will Comments received after that date will December 20, 2018 will be considered verify that each participant will be at be considered if practicable. by FRA before final action is taken. least 18 years old and possesses a valid Anyone can search the electronic Comments received after that date will state-issued motor vehicle license, and form of any written communications be considered if practicable. will have a certified locomotive and comments received into any of our Anyone can search the electronic engineer in the cab of the locomotive at dockets by the name of the individual form of any written communications all times. The operations will occur at submitting the comment (or signing the and comments received into any of our two locations on TSR trackage between document, if submitted on behalf of an dockets by the name of the individual milepost (MP) 0.0l and MP 2.16 in Rusk, association, business, labor union, etc.). submitting the comment (or signing the Texas, and between MP 23.30 and MP Under 5 U.S.C. 553(c), DOT solicits document, if submitted on behalf of an 26.12 in Palestine, Texas, during comments from the public to better association, business, labor union, etc.). daylight hours, at restricted speed, with inform its processes. DOT posts these Under 5 U.S.C. 553(c), DOT solicits no opposing train movements, without comments, without edit, including any comments from the public to better passengers, involving no public personal information the commenter inform its processes. DOT posts these highway grade crossings, and derail provides, to www.regulations.gov, as comments, without edit, including any protection will be placed at the end of described in the system of records personal information the commenter each movement at both locations. Each notice (DOT/ALL–14 FDMS), which can provides, to www.regulations.gov, as participant will receive a job briefing be reviewed at https:// described in the system of records prior to operating a locomotive. TSR www.transportation.gov/privacy. See notice (DOT/ALL–14 FDMS), which can believes that this program will generate also https://www.regulations.gov/ be reviewed at https:// needed revenue and interest in historic privacyNotice for the privacy notice of www.transportation.gov/privacy. See locomotives. TSR also believes these regulations.gov. also https://www.regulations.gov/ operations will not pose any safety concerns to the public at large. Robert C. Lauby, privacyNotice for the privacy notice of regulations.gov. A copy of the petition, as well as any Associate Administrator for Railroad Safety, written communications concerning the Chief Safety Officer. Robert C. Lauby, petition, is available for review online at [FR Doc. 2018–24123 Filed 11–2–18; 8:45 am] Associate Administrator for Railroad Safety, www.regulations.gov and in person at BILLING CODE 4910–06–P Chief Safety Officer. the U.S. Department of Transportation’s [FR Doc. 2018–24122 Filed 11–2–18; 8:45 am] (DOT) Docket Operations Facility, 1200 BILLING CODE 4910–06–P New Jersey Ave. SE, W12–140, Washington, DC 20590. The Docket DEPARTMENT OF THE TREASURY Operations Facility is open from 9 a.m. DEPARTMENT OF TRANSPORTATION Office of Foreign Assets Control to 5 p.m., Monday through Friday, except Federal Holidays. Notice of OFAC Sanctions Action Federal Railroad Administration Interested parties are invited to [Docket Number FRA–2018–0084] participate in these proceedings by AGENCY: Office of Foreign Assets submitting written views, data, or Control, Treasury. Petition for Waiver of Compliance comments. FRA does not anticipate ACTION: Notice. scheduling a public hearing in Under part 211 of Title 49 of the Code SUMMARY: The Department of the connection with these proceedings since of Federal Regulations (CFR), this Treasury’s Office of Foreign Assets the facts do not appear to warrant a provides the public notice that on Control (OFAC) is publishing the name hearing. If any interested parties desire October 5, 2018, the Texas State of one entity that has been placed on an opportunity for oral comment and a Railroad (TSR), petitioned the Federal OFAC’s Specially Designated Nationals public hearing, they should notify FRA, Railroad Administration (FRA) for a and Blocked Persons List based on in writing, before the end of the waiver of compliance from certain OFAC’s determination that one or more comment period and specify the basis provisions of the Federal railroad safety applicable legal criteria were satisfied. for their request. regulations contained at 49 CFR All communications concerning these All property and interests in property 240.201(d). FRA assigned the petition proceedings should identify the subject to U.S. jurisdiction of these Docket Number FRA–2018–0084. appropriate docket number and may be persons are blocked, and U.S. persons TSR seeks a waiver of compliance submitted by any of the following are generally prohibited from engaging from 49 CFR 240.201(d) which states, methods: in transactions with them. ‘‘After December 31, 1991, no railroad • Website: http:// DATES: See SUPPLEMENTARY INFORMATION shall permit or require any person to www.regulations.gov. Follow the online operate a locomotive in any class of section. instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: locomotive or train service unless that • Fax: 202–493–2251. person has been certified as a qualified • Mail: Docket Operations Facility, OFAC: Associate Director for Global locomotive engineer and issued a U.S. Department of Transportation, 1200 Targeting, tel.: 202–622–2420; Assistant certificate that complies with New Jersey Avenue SE, W12–140, Director for Sanctions Compliance & § 240.223.’’ TSR desires to conduct a Washington, DC 20590. Evaluation, tel.: 202–622–2490; ‘‘Hands on the Throttle Program,’’ • Hand Delivery: 1200 New Jersey Assistant Director for Licensing, tel.: which would allow ‘‘non-certified’’ Avenue SE, Room W12–140, 202–622–2480; Assistant Director for individuals to operate a locomotive as a Washington, DC 20590, between 9 a.m. Regulatory Affairs, tel. 202–622–4855; ‘‘Student Locomotive Engineer.’’ and 5 p.m., Monday through Friday, or the Department of the Treasury’s TSR owns and operates a fleet of except Federal Holidays. Office of the General Counsel: Office of steam and historic diesel locomotives Communications received by the Chief Counsel (Foreign Assets and desires to provide non-certified December 20, 2018 will be considered Control), tel.: 202–622–2410. persons the opportunity to operate these by FRA before final action is taken. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:38 Nov 02, 2018 Jkt 247001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1


Document Created: 2018-11-03 00:29:13
Document Modified: 2018-11-03 00:29:13
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 55450 
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