83_FR_57132 83 FR 56912 - Petition for Waiver of Compliance

83 FR 56912 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56912-56913
FR Document2018-24825

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018) 
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56912-56913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24825]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0078]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on September 20, 2018, the 
American Short Line Railroad Association (ASLRRA) petitioned the 
Federal Railroad Administration (FRA) for an amended waiver of 
compliance from certain provisions of the Federal hours of service laws 
contained at 49 U.S.C. 21103(a)(4), which, in part, require a train 
employee to receive 48 hours off duty after initiating an on-duty 
period for six consecutive days. FRA assigned the petition Docket 
Number FRA-2009-0078.
    ASLRRA's waiver of 49 U.S.C. 21103(a)(4)(A), granted under the 
terms and conditions contained in FRA's initial March 5, 2010 decision 
letter, and extended by FRA's decision letter dated February 27, 2012, 
permits participating railroads to allow train employees to work six 
consecutive days followed by 24 hours of rest before returning to work. 
One condition of the waiver excludes work occurring between the hours 
of midnight and six a.m. ASLRRA requests to expand the waiver to 
include work between the hours of midnight and six a.m. for those 
railroads identified in the petition who agree to participate in this 
Pilot Project. ASLRRA contends ``the data justifies a pilot project to 
test its preliminary conclusion that appropriate mitigation techniques 
can adequately offset fatigue risks associated with extending the 
waiver from midnight to six a.m.''
    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

[[Page 56913]]

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 December 31, 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. 2018-24825 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-06-P

56912 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices Burden hours Total annual Average time Total annual dollar CFR section Respondent universe responses per response burden hours equivalent cost 222.55—Request for FRA Approval of New 265 Interested 1 letter ....................... 30 minutes ..... 1 74 Supplementary Safety Measures/Alter- Parties/. native Safety Measures (ASMs) for Quiet Zone. —Comments on New SSMs or ASMs .. 265 Interested Par- 5 comments .............. 30 minutes ..... 3 222 ties/General Public. —Request for SSM/ASM Approval 265 Interested Parties 1 letter ....................... 30 minutes ..... 1 74 –Demo. 222.57—Petition for FRA Review of Deci- 531 Public Authori- 1 petition + 5 petition 60 minutes + 2 1 74 sion Granting or Denying a New SSM or ties/Interested Par- copies. minutes. ASM; Petition Copies to Relevant Parties. ties. —Request for FRA Reconsideration of 531 Public Authorities 1 letter + 6 letter cop- 5 hours + 2 5 370 Disapproval of Quiet Zone + Party ies. minutes. Copies. —Additional Documents to FRA as Fol- 531 Public Authorities 1 additional docu- 2 hours ........... 2 148 low-up to Petition for Reconsideration. ment/set of mate- rials. —Letter Requesting FRA Informal 531 Public Authorities 1 letter ....................... 30 minutes ..... 1 74 Hearing. 222.59—Written Notice of Use of Wayside 531 Public Authorities 5 notices + 30 notice 2.5 hours + 10 18 1,332 Horn at Grade Crossing within Quiet copies. minutes. Zone + Party Copies. —Notice of Wayside Horn Outside 531 Public Authorities 5 notices + 30 notice 2.5 hours + 10 18 1,332 Quiet Zone. copies. minutes. Appendix B—Public Authority Record Relat- 531 Public Authorities 1 record ..................... 500 hours ....... 500 37,000 ing to Monitoring and Sampling Efforts at Grade Crossing in Quite Zone with Pro- grammed Enforcement. —Public Authority Record Relating to 531 Public Authorities 1 record ..................... 9 hours ........... 9 666 Monitoring and Sampling Efforts at Grade Crossing in Quite Zone with Photo Enforcement. 222.129—Written Reports/Records of Loco- 784 Railroads ............ 300 reports/records ... 60 minutes ..... 300 21,900 motive Horn Testing. Total Estimated Responses: 4,362. that on September 20, 2018, the pilot project to test its preliminary Total Estimated Annual Burden: American Short Line Railroad conclusion that appropriate mitigation 9,236 hours. Association (ASLRRA) petitioned the techniques can adequately offset fatigue Total Estimated Annual Burden Hour Federal Railroad Administration (FRA) risks associated with extending the Dollar Cost Equivalent: $681,983. for an amended waiver of compliance waiver from midnight to six a.m.’’ Under 44 U.S.C. 3507(a) and 5 CFR from certain provisions of the Federal A copy of the petition, as well as any 1320.5(b) and 1320.8(b)(3)(vi), FRA hours of service laws contained at 49 written communications concerning the informs all interested parties that it may U.S.C. 21103(a)(4), which, in part, petition, is available for review online at not conduct or sponsor, and a require a train employee to receive 48 www.regulations.gov and in person at respondent is not required to respond hours off duty after initiating an on-duty the U.S. Department of Transportation’s to, a collection of information unless it period for six consecutive days. FRA (DOT) Docket Operations Facility, 1200 displays a currently valid OMB control assigned the petition Docket Number New Jersey Avenue SE, W12–140, number. FRA–2009–0078. Washington, DC 20590. The Docket Authority: 44 U.S.C. 3501–3520. ASLRRA’s waiver of 49 U.S.C. Operations Facility is open from 9 a.m. 21103(a)(4)(A), granted under the terms to 5 p.m., Monday through Friday, Juan D. Reyes III, and conditions contained in FRA’s except Federal Holidays. Chief Counsel. initial March 5, 2010 decision letter, Interested parties are invited to [FR Doc. 2018–24716 Filed 11–13–18; 8:45 am] and extended by FRA’s decision letter participate in these proceedings by BILLING CODE 4910–06–P dated February 27, 2012, permits submitting written views, data, or participating railroads to allow train comments. FRA does not anticipate employees to work six consecutive days scheduling a public hearing in DEPARTMENT OF TRANSPORTATION followed by 24 hours of rest before connection with these proceedings since returning to work. One condition of the the facts do not appear to warrant a Federal Railroad Administration waiver excludes work occurring hearing. If any interested parties desire between the hours of midnight and six an opportunity for oral comment and a [Docket Number FRA–2009–0078] a.m. ASLRRA requests to expand the public hearing, they should notify FRA, Petition for Waiver of Compliance waiver to include work between the in writing, before the end of the hours of midnight and six a.m. for those comment period and specify the basis Under part 211 of Title 49 Code of railroads identified in the petition who for their request. Federal Regulations (CFR), this agree to participate in this Pilot Project. All communications concerning these document provides the public notice ASLRRA contends ‘‘the data justifies a proceedings should identify the VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56913 appropriate docket number and may be Management and Budget (OMB) for locomotives absent autonomous submitted by any of the following review and comment. The ICR describes technology.’’ In response, FRA methods: the information collections and their explained that under the planned • website: http://www.regulations. expected burden. On March 14, 2017, research approach at the time, it was not gov. Follow the online instructions for FRA published a notice providing a 60- necessary to include a manual operation submitting comments. day period for public comment and on condition as FRA did not intend to • Fax: 202–493–2251. September 13, 2017, published a notice compare performance with vs. without • Mail: Docket Operations Facility, providing a 30-day period for public automation. The purpose of the study U.S. Department of Transportation, 1200 comment on the ICR. was to understand the nature of possible New Jersey Avenue SE, W12–140, DATES: Interested persons are invited to design-induced errors for existing Washington, DC 20590. submit comments on or before system automation in the locomotive • Hand Delivery: 1200 New Jersey December 14, 2018. cab, with an eye toward future Avenue SE, Room W12–140, improved systems. These errors are ADDRESSES: Submit written comments Washington, DC 20590, between 9 a.m. likely, absent of any human factors on the ICR to the Office of Information and 5 p.m., Monday through Friday, and Regulatory Affairs, Office of engineering in the system design and except Federal Holidays. Management and Budget, 725 17th development process. For this Communications received by examination, a control group was Street NW, Washington, DC 20503, December 31, 2018 will be considered unnecessary. However, FRA now Attention: FRA Desk Officer. Comments by FRA before final action is taken. proposes to expand the study approach may also be sent via email to OMB at Comments received after that date will to address AAR’s concern and include the following address: oira_ be considered if practicable. a manual condition control group. In submissions@omb.eop.gov. Anyone can search the electronic FOR FURTHER INFORMATION CONTACT: Mr. this context, FRA’s reference to form of any written communications Michael Jones, Information Collection automation means an operation assisted and comments received into any of our Clearance Officer, Office of Research, by autonomous technology that offers dockets by the name of the individual Development, and Technology, Human some level of automation less than full submitting the comment (or signing the Factors Division, RPD–34, Federal automation. This condition will provide document, if submitted on behalf of an Railroad Administration, 1200 New a baseline of performance to address association, business, labor union, etc.). Jersey Avenue SE, Room W38–119, two hypotheses: Under 5 U.S.C. 553(c), DOT solicits comments from the public to better Washington, DC 20590 (telephone: (202) (H1) Automation provides specific inform its processes. DOT posts these 493–6106); or Ms. Kim Toone, performance benefits (e.g., an energy comments, without edit, including any Information Collection Clearance management software system reduces personal information the commenter Officer, Office of Administration, Office fuel usage; PTC prevents provides, to www.regulations.gov, as of Information Technology, RAD–20, overspeeding and transgressions into described in the system of records Federal Railroad Administration, 1200 workzones or past a red signal) notice (DOT/ALL–14 FDMS), which can New Jersey Avenue SE, Room W34–212, compared with manual control, but be reviewed at https:// Washington, DC 20590 (telephone: (202) does not reduce workload in the www.transportation.gov/privacy. See 493–6132). locomotive cab compared with also https://www.regulations.gov/ SUPPLEMENTARY INFORMATION: The PRA, manual control. privacyNotice for the privacy notice of 44 U.S.C. 3501–3520, and its (H2) Automation usage results in more regulations.gov. implementing regulations, 5 CFR part errors in high workload situations 1320, require Federal agencies to issue than in low workload situations (e.g., Issued in Washington, DC. distractions lead to failure to notice two notices seeking public comment on Robert C. Lauby, information collection activities before mode transitions) and these errors Associate Administrator for Railroad Safety OMB may approve paperwork packages. have no direct counterpart in manual Chief Safety Officer. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 conditions. [FR Doc. 2018–24825 Filed 11–13–18; 8:45 am] through 1320.12. The required 60- and Workload is defined as task loading, BILLING CODE 4910–06–P 30-Day Federal Register Notices were or the number of tasks in a scenario. The published in the Federal Register on high workload scenarios have more March 14, 2017 (see 82 FR 20530) and tasks than the low workload scenarios. DEPARTMENT OF TRANSPORTATION September 13, 2017 (see 82 FR 43078), Based on the initial FRA pilot study, Federal Railroad Administration respectively. FRA received comments preceding the current study, and on from the Association of American research and operational experiences in [Docket No. FRA–2017–0002–N–20] Railroads (AAR) in a letter dated other industries, high workload is often October 13, 2017, outlining some associated with error, thus, FRA’s Proposed Agency Information concerns with the research approach in concern and interest in conducting the Collection Activities; Comment the human error study. FRA replied by current study. Request letter clarifying the research approach. Before OMB decides whether to AGENCY: Federal Railroad Specifically, AAR commented that it approve this proposed collection of Administration (FRA), Department of was concerned that the proposed study information, an additional 30 days is Transportation (DOT). on automated locomotive technology being provided for public comment. ACTION: Notice of information collection; was not fully developed and that results Federal law requires OMB to approve or request for comment. of such a study might lead to disapprove paperwork packages unnecessary roadblocks to the between 30 and 60 days after the 30-day SUMMARY: Under the Paperwork development of the technology positive notice is published. 44 U.S.C. 3507(b)– Reduction Act of 1995 (PRA), this notice train control (PTC). Further, AAR stated (c); 5 CFR 1320.10(b); see also 60 FR announces that FRA is forwarding the ‘‘FRA should also include in the study 44978, 44983, Aug. 29, 1995. OMB Information Collection Request (ICR) a control group demonstrating the believes the 30-day notice informs the abstracted below to the Office of number of errors that occur in regulated community to file relevant VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1


Document Created: 2018-11-14 03:32:37
Document Modified: 2018-11-14 03:32:37
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 56912 
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