Petition for Waiver of Compliance, 46884-46885 [2017-21513]

Download as PDF 46884 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 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 November 6, 2017 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to 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. 2017–21514 Filed 10–5–17; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration asabaliauskas on DSKBBXCHB2PROD with NOTICES [Docket Number FRA–2017–0084] 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 August 21, 2017, the Norfolk Southern Corporation (NS) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 regulations in 49 CFR part 214. FRA assigned the petition docket number FRA–2017–0084. NS requests a waiver of compliance from § 214.336(c) as it pertains to procedures for adjacent controlled track movements at 25 miles per hour (mph) or less. NS indicates this request is specific to a unique working group, the R–3 Dual Rail Gang (R–3 Gang). This group is a system-level production gang comprised of 78 employees and 40 roadway maintenance machines with the capability to remove both rails while simultaneously installing both new rails. NS states no other railroad has a work group that operates in this manner to replace both rails; the relief requested in the waiver would apply only to this specific work group. NS is seeking a waiver from using the gauge position of the rail as the point for the plane that is not to be broken on the occupied track. Instead, NS seeks to use the removed rails of the occupied track as an envelope for on-ground work performed exclusively between these rails for the employees working in the R–3 Gang. NS asserts the work can be performed safely within the context of the R–3 Gang’s work. As described by NS in its petition, during dual rail replacement, both rails are simultaneously removed from the track structure and positioned on the ballast against the outside of the crossties on the occupied track. In this position, the removed rail is nearly 16.75 inches closer to the adjacent controlled track than its normal gage position on the crosstie. Once the rails are removed from their normal position on the crosstie, an adzing machine is used to remove any tie cutting from the crosstie. At this point in the process, there is not a clearly defined outside limit with respect to ‘‘the on-ground work performed exclusively between the rails.’’ NS states that the removed rail lying on the ballast against the end of the crosstie provides a clear line of demarcation that is easily identifiable to its employees. NS is also seeking a waiver from the requirement that on-ground work be performed exclusively between the rails (i.e., not breaking the plane of the rails) of the occupied track. Based on this request, NS seeks a waiver from compliance to allow up to four onground R–3 Gang employees (when working with one adjacent controlled track) and up to eight on-ground R–3 Gang employees (when working with two adjacent controlled tracks) to break the plane of the outside rail to perform minor work. NS indicates the employees would be limited in their duties for breaking the plane of the outside rail to PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 only move tie plates with non-powered hand tools from the ballast to its positon on top of the crossties. This minor work could be completed with the employees’ center of gravity positioned within the newly defined outside rails. 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 November 20, 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.). 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:// E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 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. 2017–21513 Filed 10–5–17; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2017–0083] asabaliauskas on DSKBBXCHB2PROD with NOTICES Petition for Approval of Informational Filing Under part 211 of title 49, Code of Federal Regulations (CFR), this document amends prior public notice that on August 30, 2017, the Yadkin Valley Railroad (YVRR) petitioned the Federal Railroad Administration (FRA) for approval of an Informational Filing (IF) pursuant to 49 CFR 236.913(j). The YVRR submitted an IF requesting FRA approval to conduct field testing of a Train Detection System supplied by Next Generation Rail Technologies S.L. (NGRT) at Bethania Road highway-rail crossing in Rural Hall, North Carolina. After installation of the system, the proposed period of data collection will be approximately four months. YVRR asserts that its IF addresses all requirements of 49 CFR 236.913(j)(1), and that the Train Detection System will be operating in shadow mode only to collect data, and will not interfere, impact, or communicate with the current signaling system. FRA assigned the petition Docket Number FRA–2017–0083, and published notice of the petition in the Federal Register on September 18, 2017. 82 FR 43655. This document provides additional information and corrections to the notice published September 18, 2017, regarding this docket. The September 18 notice included an inaccurate description of the filing, and omitted language providing an opportunity and instructions for public comment. 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 VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 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 November 20, 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.). 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. 2017–21512 Filed 10–5–17; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 46885 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2001–10948] Petition for Waiver of Compliance Under part 211 of Title 49 of the Code of Federal Regulations (CFR), this document provides the public notice that on September 11, 2017, Central Montana Rail, Inc. (CMR) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the hours of service laws contained at Title 49 United States Code Section 21103(a) under authority of section 21102(b). FRA assigned the petition docket number FRA–2001– 10948. CMR requested an extension of its existing waiver of relief from the provisions of 49 U.S.C. 21103(a), which prohibits a train employee from remaining or going on duty for a period in excess of 12 consecutive hours. 49 U.S.C. 21102(b) allows railroads with 15 or fewer employees to be exempted from the restriction outlined at 49 U.S.C. 21103(a)(2), but the exemption may not authorize a carrier to require or allow its employees to be on duty more than a total of 16 hours in a 24-hour period. In support of its request, CMR explained that the allowance for train crews to accumulate up to 16 hours of time on duty has not impacted safety negatively, and is only used occasionally, to address unusual circumstances such as weather, traffic peaks, and employee illness. CMR states that its operation continues on approximately the same scale as when the initial waiver was granted, with seven regular full-time employees. 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 E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46884-46885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21513]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0084]


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 August 21, 2017, the 
Norfolk Southern Corporation (NS) 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-2017-0084.
    NS requests a waiver of compliance from Sec.  214.336(c) as it 
pertains to procedures for adjacent controlled track movements at 25 
miles per hour (mph) or less. NS indicates this request is specific to 
a unique working group, the R-3 Dual Rail Gang (R-3 Gang). This group 
is a system-level production gang comprised of 78 employees and 40 
roadway maintenance machines with the capability to remove both rails 
while simultaneously installing both new rails. NS states no other 
railroad has a work group that operates in this manner to replace both 
rails; the relief requested in the waiver would apply only to this 
specific work group.
    NS is seeking a waiver from using the gauge position of the rail as 
the point for the plane that is not to be broken on the occupied track. 
Instead, NS seeks to use the removed rails of the occupied track as an 
envelope for on-ground work performed exclusively between these rails 
for the employees working in the R-3 Gang. NS asserts the work can be 
performed safely within the context of the R-3 Gang's work. As 
described by NS in its petition, during dual rail replacement, both 
rails are simultaneously removed from the track structure and 
positioned on the ballast against the outside of the crossties on the 
occupied track. In this position, the removed rail is nearly 16.75 
inches closer to the adjacent controlled track than its normal gage 
position on the crosstie. Once the rails are removed from their normal 
position on the crosstie, an adzing machine is used to remove any tie 
cutting from the crosstie. At this point in the process, there is not a 
clearly defined outside limit with respect to ``the on-ground work 
performed exclusively between the rails.'' NS states that the removed 
rail lying on the ballast against the end of the crosstie provides a 
clear line of demarcation that is easily identifiable to its employees.
    NS is also seeking a waiver from the requirement that on-ground 
work be performed exclusively between the rails (i.e., not breaking the 
plane of the rails) of the occupied track. Based on this request, NS 
seeks a waiver from compliance to allow up to four on-ground R-3 Gang 
employees (when working with one adjacent controlled track) and up to 
eight on-ground R-3 Gang employees (when working with two adjacent 
controlled tracks) to break the plane of the outside rail to perform 
minor work. NS indicates the employees would be limited in their duties 
for breaking the plane of the outside rail to only move tie plates with 
non-powered hand tools from the ballast to its positon on top of the 
crossties. This minor work could be completed with the employees' 
center of gravity positioned within the newly defined outside rails.
    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 November 20, 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.). 
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://

[[Page 46885]]

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. 2017-21513 Filed 10-5-17; 8:45 am]
 BILLING CODE 4910-06-P