Canadian National Railway's Request for Positive Train Control Safety Plan Approval and System Certification, 60271-60272 [2017-27256]

Download as PDF Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices Question 26 under section 49 CFR 395.8 currently reads as follows: sradovich on DSK3GMQ082PROD with NOTICES Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded? Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home. A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest. III. Proposed Guidance Language FMCSA proposes to replace the above interpretation with the following revised Question 26 and seeks comments on this guidance. FMCSA also seeks public comments and information on other appropriate uses of a CMV while off-duty for personal conveyance, as well as the economic impacts of the proposal. FMCSA proposes to update the guidance for § 395.8 Driver’s Record of Duty Status to read as follows: Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance? Guidance: A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work. (a) Examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to: 1. Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities and back to the lodging. 2. Commuting from the last location where on-duty activity occurred to the driver’s permanent residence and back to that last on-duty location. This would include commuting between the driver’s VerDate Sep<11>2014 17:47 Dec 18, 2017 Jkt 244001 terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between work sites and his or her residence. (b) Examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following: 1. The movement of a CMV to enhance the operational readiness of a motor carrier. For example, moving the CMV closer to its next loading or unloading point or other motor carrierscheduled destination, regardless of other factors. 2. After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier in order to pick up another towed unit. 3. Continuation of a CMV trip in interstate commerce, even after the vehicle is unloaded. In this scenario, onduty time does not end until the driver reaches a location designated or authorized by the carrier for parking or storage of the CMV, such as a permanent residence, authorized lodging, or home terminal. 4. Bobtailing or operating with an empty trailer to retrieve another load. 5. Repositioning a CMV and or trailer at the direction of the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time. IV. Expiration Date of the Proposed Regulatory Guidance In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing America’s Surface Transportation (FAST) Act, Public Law 114–94, 129 Stat. 1312, 1535 (Dec. 4, 2015), the proposed regulatory guidance would be posted on FMCSA’s website, www.fmcsa.dot.gov, if finalized. It would be reviewed by the Agency no later than December 19, 2022. The Agency would consider at that time whether the guidance should be withdrawn, reissued for another period up to five years, or incorporated into the safety regulations. V. Request for Comments Refer to the ADDRESSES section above for instructions on submitting comments to the public docket concerning this regulatory guidance. The FMCSA will consider comments received by the closing date of the comment period to determine whether any further clarification of these regulatory provisions is necessary. In addition to general comments PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 60271 concerning the guidance, the Agency is seeking information on the following: 1. Which carriers or drivers would take advantage of the additional flexibilities proposed in this guidance? 2. Are there particular segments of the industry that would take advantage of this change more than others? 3. Are there some carriers or segments of the industry that would prohibit their drivers from driving laden vehicles for personal conveyance? 4. For what reasons would a carrier prohibit drivers from driving a laden vehicle for personal conveyance? 5. What benefits would the new flexibilities provide to carriers and drivers? Issued on: December 13, 2017. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2017–27315 Filed 12–18–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0057] Canadian National Railway’s Request for Positive Train Control Safety Plan Approval and System Certification Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document provides the public with notice that Canadian National Railway (CN) submitted to FRA its Positive Train Control Safety Plan (PTCSP) Version 1.6, dated October 30, 2017, on FRA’s Secure Information Repository site on November 9, 2017. CN asks FRA to approve its PTCSP and issue a Positive Train Control System Certification for CN’s Interoperable Electronic Train Management System (I–ETMS). DATES: FRA will consider comments received by January 18, 2018 before taking final action on the PTCSP. FRA may consider comments received after that date if practicable. ADDRESSES: All comments concerning this proceeding should identify Docket Number FRA–2010–0057, 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 SUMMARY: E:\FR\FM\19DEN1.SGM 19DEN1 60272 Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices 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. FOR FURTHER INFORMATION CONTACT: Dr. Mark Hartong, Senior Scientific Technical Advisor, at (202) 493–1332, or Mark.Hartong@dot.gov; or Mr. David Blackmore, Staff Director, Positive Train Control Division, at (312) 835–3903, or David.Blackmore@dot.gov. SUPPLEMENTARY INFORMATION: In its PTCSP, CN asserts that the I–ETMS system is designed as a vital overlay PTC system as defined in 49 CFR 236.1015(e)(2). The PTCSP describes CN’s I–ETMS implementation and the associated I–ETMS safety processes, safety analyses, and test, validation, and verification processes used during the development of I–ETMS. The PTCSP also contains CN’s operational and support requirements and procedures. CN’s PTCSP and the accompanying request for approval and system certification are available for review online at www.regulations.gov (Docket Number FRA–2010–0057), and in person at DOT’s 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 comment on the PTCSP by submitting written comments or data. During its review of the PTCSP, FRA will consider any comments or data submitted. However, FRA may elect not to respond to any particular comment and, under 49 CFR 236.1009(d)(3), FRA maintains the authority to approve or disapprove the PTCSP at its sole discretion. FRA does not anticipate scheduling a public hearing regarding CN’s PTCSP because the circumstances do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, the party should notify FRA in writing before the end of the comment period and specify the basis for his or her request. sradovich on DSK3GMQ082PROD with NOTICES Privacy Act Notice 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 49 CFR 211.3, FRA solicits comments from the public to better inform its decisions. DOT posts VerDate Sep<11>2014 17:47 Dec 18, 2017 Jkt 244001 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 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. 2017–27256 Filed 12–18–17; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number MARAD–2017–0200] Waiver Request for Aquaculture Support Operations for the 2018 Calendar Year: RONJA CARRIER, COLBY PERCE, SADIE JANE Maritime Administration. Notice and request for comments AGENCY: ACTION: Pursuant to a delegation of authority from the Secretary of Transportation, the Maritime Administrator is authorized to issue waivers allowing documented vessels with only registry endorsements or foreign flag vessels to be used in domestic operations that treat aquaculture fish or protect aquaculture fish from disease, parasitic infestation, or other threats to their health when suitable vessels of the United States are not available that could perform those services. A request for such a waiver has been received by the Maritime Administration (MARAD). This notice is being published to solicit comments intended to assist MARAD in determining whether suitable vessels of the United States are available that could perform the required services. If no suitable U.S.-flag vessels are available, the Maritime Administrator may issue a waiver necessary to comply with USCG Aquaculture Support regulations. A brief description of the proposed aquaculture support service is listed in the Supplementary Information section below. DATES: Submit comments on or before January 18, 2018. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2017–0200 by any of the following methods: • On-line via the Federal Electronic Portal: http://www.regulations.gov. SUMMARY: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Search using ‘‘MARAD–2017–0200’’ and follow the instructions for submitting comments. • Mail/Hand-Delivery/Courier: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, Washington, DC 20590. Submit comments in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. Reference Materials and Docket Information: You may view the complete application, including the aquaculture support technical service requirements, and all public comments at the DOT Docket on-line via http:// www.regulations.gov. Search using ‘‘MARAD–2017–0200.’’ All comments received will be posted without change to the docket, including any personal information provided. The Docket Management Facility is open 9:00 a.m. to 5:00 p.m., Monday through Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. If you have questions on viewing the Docket, call Docket Operations, telephone: (800) 647–5527. SUPPLEMENTARY INFORMATION: As a result of the enactment of the Coast Guard Authorization Act of 2010, codified at 46 U.S.C. 12102, the Secretary of Transportation has the discretionary authority to issue waivers allowing documented vessels with registry endorsements or foreign flag vessels to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats to their health when suitable vessels of the United States are not available that could perform those services. The Secretary has delegated this authority to the Maritime Administrator. Pursuant to this authority, MARAD is providing notice of the service requirements proposed by Cooke Aquaculture (Cooke) in order to make a U.S.-flag vessel availability determination. Specifics can be found in Cooke’s application letter posted in the docket. To comply with USCG Aquaculture Support regulations at 46 CFR part 106, Cooke is seeking a MARAD Aquaculture Waiver to operate the vessels RONJA CARRIER, COLBY PERCE, and SADIE JANE as follows: Intended Commercial Use of Vessel: ‘‘to use highly-specialized foreign-flag vessels referred to as a ‘‘wellboat’’ (or E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60271-60272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27256]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0057]


Canadian National Railway's Request for Positive Train Control 
Safety Plan Approval and System Certification

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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

SUMMARY: This document provides the public with notice that Canadian 
National Railway (CN) submitted to FRA its Positive Train Control 
Safety Plan (PTCSP) Version 1.6, dated October 30, 2017, on FRA's 
Secure Information Repository site on November 9, 2017. CN asks FRA to 
approve its PTCSP and issue a Positive Train Control System 
Certification for CN's Interoperable Electronic Train Management System 
(I-ETMS).

DATES: FRA will consider comments received by January 18, 2018 before 
taking final action on the PTCSP. FRA may consider comments received 
after that date if practicable.

ADDRESSES: All comments concerning this proceeding should identify 
Docket Number FRA-2010-0057, 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

[[Page 60272]]

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.

FOR FURTHER INFORMATION CONTACT: Dr. Mark Hartong, Senior Scientific 
Technical Advisor, at (202) 493-1332, or [email protected]; or Mr. 
David Blackmore, Staff Director, Positive Train Control Division, at 
(312) 835-3903, or [email protected].

SUPPLEMENTARY INFORMATION: In its PTCSP, CN asserts that the I-ETMS 
system is designed as a vital overlay PTC system as defined in 49 CFR 
236.1015(e)(2). The PTCSP describes CN's I-ETMS implementation and the 
associated I-ETMS safety processes, safety analyses, and test, 
validation, and verification processes used during the development of 
I-ETMS. The PTCSP also contains CN's operational and support 
requirements and procedures.
    CN's PTCSP and the accompanying request for approval and system 
certification are available for review online at www.regulations.gov 
(Docket Number FRA-2010-0057), and in person at DOT's 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 comment on the PTCSP by 
submitting written comments or data. During its review of the PTCSP, 
FRA will consider any comments or data submitted. However, FRA may 
elect not to respond to any particular comment and, under 49 CFR 
236.1009(d)(3), FRA maintains the authority to approve or disapprove 
the PTCSP at its sole discretion. FRA does not anticipate scheduling a 
public hearing regarding CN's PTCSP because the circumstances do not 
appear to warrant a hearing. If any interested party desires an 
opportunity for oral comment, the party should notify FRA in writing 
before the end of the comment period and specify the basis for his or 
her request.

Privacy Act Notice

    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 49 CFR 211.3, FRA solicits comments from the public to 
better inform its decisions. 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 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. 2017-27256 Filed 12-18-17; 8:45 am]
 BILLING CODE 4910-06-P