Petition for Waiver of Compliance, 35053-35054 [2017-15791]

Download as PDF mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices SDI period of 15 calendar years and 139 calendar days while not exceeding 1472 service days. SBRHS sporadically operates No. 3751 for display in the Los Angeles area as well as excursions to San Diego and San Bernardino, CA and Williams, AZ. SBRHS’s justification for requesting relief is that No. 3751 has only operated for a total of 141 service days within the 15-calendar year period. SBRHS anticipates approximately 10 additional service days for the locomotive during the requested time extension. 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 Department of Transportation’s Docket Operations Facility, 1200 New Jersey Ave. 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, 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: • Web site: 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 September 11, 2017 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 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. 2017–15790 Filed 7–26–17; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2017–0061] Petition for Waiver of Compliance Under Part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that on June 28, 2017 the National Railroad Passenger Corporation (Amtrak) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations in 49 CFR part 214. FRA assigned the petition docket number FRA–2017– 0061. Amtrak is requesting relief from the definition of ‘‘fouling a track’’ found at 49 CFR 214.7 at certain locations within Amtrak’s New York Penn Station. The waiver is sought for the express purpose of increasing the number of areas considered a ‘‘place of safety’’ under 214.329 to improve the safety and efficiency of roadway maintenance procedures at that location. Safety will be improved by reducing the distance roadway workers must move and lessening the number of live tracks they may have to cross to reach a place of safety upon receiving warning of an approaching train. Efficiency of roadway maintenance procedures will be improved by increasing the number of clearing locations, thereby reducing time spent moving to and from places of safety. The area under consideration in New York Penn Station lies between the Hudson River and Empire Connection tunnels to the west and the East River tunnels to the east when certain conditions, identified below, are met. If approved, when train approach warning is used as the method of protection, roadway workers may move to a PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 35053 previously arranged place of safety designated as a ‘‘clearance area’’ that may be slightly less than four feet from the near running rail but, due to track and station structure configurations, provide a safe haven from the risk of being struck by moving trains or ontrack equipment. Amtrak’s waiver request states that it faces operational problems complying with new provisions in 49 CFR 214.329(a), effective April 1, 2017, while operating an average of approximately 1,100 weekday, and 700 weekend departures and arrivals. Penn Station has 21 tracks fed by seven tunnels (the two Hudson River Tunnels, the four East River Tunnels, and the single Empire Connection tunnel). It is at the center of the Northeast Corridor as well as the main intercity railroad station in New York City. Intercity trains are operated by Amtrak, which owns the station, while commuter rail services are operated by the Long Island Rail Road and New Jersey Transit. In its waiver request, Amtrak also states that, prior to the new rule, Amtrak roadway workers using train approach warning as a method of protection in Penn Station would clear to another track as their place of safety when the Watchman/Lookout provided a warning of an impending movement on the track which they occupied or fouled. In addition, Amtrak’s waiver request states that the revised rule now prohibits making the place of safety another track unless working limits are established on that track and movement authority is withheld or not authorized by the roadway worker-in-charge. Finally, the waiver request states that the additional constraints and disruption of movement, and subsequent delays to trains and passengers required to establish working limits, could be significantly offset if Amtrak could utilize existing places of refuge that do not meet the requirements of the regulation. Amtrak explains in its request that New York Penn Station was built between 1901 and 1910, and is entirely underground. As such, Amtrak asserts the architecture and track configurations within the station area provide several locations where it is physically impossible to be struck by moving equipment despite being within four feet of the near rail. Amtrak believes these areas provide the same level of safety as a tunnel niche without the restrictions of a confined space. Amtrak explains that except for the use of tunnel niches and clearing bays provided for in 49 CFR 214.317(d), the 214.7 definition of ‘‘fouling a track’’ prevents the use of other infrastructure E:\FR\FM\27JYN1.SGM 27JYN1 mstockstill on DSK30JT082PROD with NOTICES 35054 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices configurations that may create a similar safe haven outside the clearance area but less than four feet from the near running rail. While the regulation only focuses on tunnel niches, Amtrak believes there are niches outside of tunnels that provide the same level of safety, and railroads have a long history of safely utilizing such areas. Amtrak’s request for relief is intended to provide for the opportunity to use additional locations of safety within the New York Penn Station, which, are locations of safety due to the physical configuration of the track and station structures. Should FRA grant the waiver request, Amtrak will designate specific areas that are slightly less than four feet from the near running rail but nonetheless provide a place of safety as a ‘‘clearance area’’ and Amtrak will comply with the following conditions prior to designating any space as a clearance area: 1. Ensure there is adequate sight distance at that location to permit a roadway worker or lone worker to occupy that place of safety at least 15 seconds prior to the arrival of a train or other on-track equipment; 2. Identify clearance areas with clearly visible signage; 3. Direct a roadway-worker-in-charge to visually inspect each applicable clearance area to ensure it is suitable for use as a place of safety; 4. Ensure the use of such clearance areas is discussed in the job briefing prior to any roadway worker fouling the track; 5. Ensure it has and procedures that state the roadway-worker-in-charge or lone worker has the absolute right to designate an alternate place of safety as a location other than, or to establish working limits. 6. Ensure it has and procedures that state any roadway worker has the right to a good faith challenge of the use of a clearance area if there is a reasonable belief the area does not provide an adequate level of protection; 7. Ensure it has and procedures that state all affected roadway workers will receive instruction prior to the use of clearance areas. 8. Amtrak will publish and distribute the above procedures in Amtrak’s Roadway Worker Bulletins, and address them in a training blitz or job safety briefing, and document them in Amtrak’s Total Efficiency and Safety Tests System (T.E.S.T.S) using Test 198. In addition, Amtrak will immediately add the procedures to the annual training curriculum at the affected locations. VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 Amtrak believes the requested relief is completely safe and will greatly improve the efficiency of roadway maintenance in one of the busiest stations in North America. A copy of the petition, as well as any other written communications concerning the petition, is available for review online at www.regulations.gov and in person at the Department of Transportation’s Docket Operations Facility, 1200 New Jersey Ave. 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: • Web site: 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 August 28, 2017 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 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. 2017–15791 Filed 7–26–17; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated National and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; Assistant Director for Licensing, tel.: 202–622–2480; or the Department of the Treasury’s Office of the General Counsel: Office of the Chief Counsel (Foreign Assets Control), tel.: 202–622– 2410 (not toll free numbers). SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s Web site (www.treasury.gov/ofac). Notice of OFAC Action(s) On June 29, 2017, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked pursuant to the relevant sanctions authorities listed below. Individuals E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35053-35054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15791]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0061]


Petition for Waiver of Compliance

    Under Part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that on June 28, 2017 the 
National Railroad Passenger Corporation (Amtrak) petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations in 49 CFR part 
214. FRA assigned the petition docket number FRA-2017-0061.
    Amtrak is requesting relief from the definition of ``fouling a 
track'' found at 49 CFR 214.7 at certain locations within Amtrak's New 
York Penn Station. The waiver is sought for the express purpose of 
increasing the number of areas considered a ``place of safety'' under 
214.329 to improve the safety and efficiency of roadway maintenance 
procedures at that location. Safety will be improved by reducing the 
distance roadway workers must move and lessening the number of live 
tracks they may have to cross to reach a place of safety upon receiving 
warning of an approaching train. Efficiency of roadway maintenance 
procedures will be improved by increasing the number of clearing 
locations, thereby reducing time spent moving to and from places of 
safety.
    The area under consideration in New York Penn Station lies between 
the Hudson River and Empire Connection tunnels to the west and the East 
River tunnels to the east when certain conditions, identified below, 
are met. If approved, when train approach warning is used as the method 
of protection, roadway workers may move to a previously arranged place 
of safety designated as a ``clearance area'' that may be slightly less 
than four feet from the near running rail but, due to track and station 
structure configurations, provide a safe haven from the risk of being 
struck by moving trains or on-track equipment.
    Amtrak's waiver request states that it faces operational problems 
complying with new provisions in 49 CFR 214.329(a), effective April 1, 
2017, while operating an average of approximately 1,100 weekday, and 
700 weekend departures and arrivals. Penn Station has 21 tracks fed by 
seven tunnels (the two Hudson River Tunnels, the four East River 
Tunnels, and the single Empire Connection tunnel). It is at the center 
of the Northeast Corridor as well as the main intercity railroad 
station in New York City. Intercity trains are operated by Amtrak, 
which owns the station, while commuter rail services are operated by 
the Long Island Rail Road and New Jersey Transit. In its waiver 
request, Amtrak also states that, prior to the new rule, Amtrak roadway 
workers using train approach warning as a method of protection in Penn 
Station would clear to another track as their place of safety when the 
Watchman/Lookout provided a warning of an impending movement on the 
track which they occupied or fouled. In addition, Amtrak's waiver 
request states that the revised rule now prohibits making the place of 
safety another track unless working limits are established on that 
track and movement authority is withheld or not authorized by the 
roadway worker-in-charge. Finally, the waiver request states that the 
additional constraints and disruption of movement, and subsequent 
delays to trains and passengers required to establish working limits, 
could be significantly offset if Amtrak could utilize existing places 
of refuge that do not meet the requirements of the regulation.
    Amtrak explains in its request that New York Penn Station was built 
between 1901 and 1910, and is entirely underground. As such, Amtrak 
asserts the architecture and track configurations within the station 
area provide several locations where it is physically impossible to be 
struck by moving equipment despite being within four feet of the near 
rail. Amtrak believes these areas provide the same level of safety as a 
tunnel niche without the restrictions of a confined space. Amtrak 
explains that except for the use of tunnel niches and clearing bays 
provided for in 49 CFR 214.317(d), the 214.7 definition of ``fouling a 
track'' prevents the use of other infrastructure

[[Page 35054]]

configurations that may create a similar safe haven outside the 
clearance area but less than four feet from the near running rail. 
While the regulation only focuses on tunnel niches, Amtrak believes 
there are niches outside of tunnels that provide the same level of 
safety, and railroads have a long history of safely utilizing such 
areas. Amtrak's request for relief is intended to provide for the 
opportunity to use additional locations of safety within the New York 
Penn Station, which, are locations of safety due to the physical 
configuration of the track and station structures.
    Should FRA grant the waiver request, Amtrak will designate specific 
areas that are slightly less than four feet from the near running rail 
but nonetheless provide a place of safety as a ``clearance area'' and 
Amtrak will comply with the following conditions prior to designating 
any space as a clearance area:
    1. Ensure there is adequate sight distance at that location to 
permit a roadway worker or lone worker to occupy that place of safety 
at least 15 seconds prior to the arrival of a train or other on-track 
equipment;
    2. Identify clearance areas with clearly visible signage;
    3. Direct a roadway-worker-in-charge to visually inspect each 
applicable clearance area to ensure it is suitable for use as a place 
of safety;
    4. Ensure the use of such clearance areas is discussed in the job 
briefing prior to any roadway worker fouling the track;
    5. Ensure it has and procedures that state the roadway-worker-in-
charge or lone worker has the absolute right to designate an alternate 
place of safety as a location other than, or to establish working 
limits.
    6. Ensure it has and procedures that state any roadway worker has 
the right to a good faith challenge of the use of a clearance area if 
there is a reasonable belief the area does not provide an adequate 
level of protection;
    7. Ensure it has and procedures that state all affected roadway 
workers will receive instruction prior to the use of clearance areas.
    8. Amtrak will publish and distribute the above procedures in 
Amtrak's Roadway Worker Bulletins, and address them in a training blitz 
or job safety briefing, and document them in Amtrak's Total Efficiency 
and Safety Tests System (T.E.S.T.S) using Test 198. In addition, Amtrak 
will immediately add the procedures to the annual training curriculum 
at the affected locations.
    Amtrak believes the requested relief is completely safe and will 
greatly improve the efficiency of roadway maintenance in one of the 
busiest stations in North America.
    A copy of the petition, as well as any other written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
Docket Operations Facility, 1200 New Jersey Ave. 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:
     Web site: 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 August 28, 2017 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). In 
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 
to better inform its processes. DOT posts these comments, without edit, 
including any personal information the 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. 2017-15791 Filed 7-26-17; 8:45 am]
BILLING CODE 4910-06-P