Petition for Waiver of Compliance, 6307-6308 [2018-02867]
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Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
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continuous use on a full charge, and in-cab
wire-less monitoring systems give the driver
constant information on the functioning of
the system, displaying state of charge of the
battery inside the unit, displaying the
functioning of the system during operation,
and warning the driver if the unit is no
longer functioning. In this sense, wireless
tow lights provide a level of safety and
redundancy that is not currently required on
wired temporary lighting systems. In an
emergency situation with a drained battery,
power can be directly connected to the
temporary wireless stop, turn, and tail
lighting system from a standard 4 pin or 7
pin electrical connection.
Without the proposed temporary
exemption, tow and haul away operators will
be forced to continue to use cumbersome
wired temporary towing light systems,
placing an unnecessary burden on their daily
operations. The current temporary lighting
requirements for stop, tail, and turn lamps
require that the lamps receive their power
from a direct wired connection to the towing
vehicle with no ascertainable benefit from
doing such. Wireless tow lights afford
benefits that wired systems are unable to,
such as redundancies like monitoring the
status of the unit in real time, thus assuring
their proper operation at all times.
On August 6, 2015, FMCSA published
notice of the TowMate application and
requested public comment (80 FR
47031). The Agency received twenty
comments, all in support of TowMate’s
application. FMCSA granted the
exemption on February 9, 2016 (81 FR
6927). The Agency concluded that
permitting the use of rechargeable
wireless temporary stop, turn, and tail
lighting systems during temporary
towing operations will reduce the time
tow operators spend at the side of the
road connecting wired lighting systems
between vehicles, thereby reducing their
risk of injury and increasing safety. The
Agency determined that use of the
rechargeable wireless lighting systems
will maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption. In towing operations during
the exemption period, motor carriers are
allowed to use rechargeable wireless
temporary stop, turn, and tail lighting
systems that do not meet the lighting
power supply requirements of 49 CFR
393.23, provided the requirements of 49
CFR 393.17(b)(2) are met. The decision
to grant the temporary exemption was
also consistent with an amendment
made in an August 15, 2005 final rule
allowing battery powered lamps on the
rear of projecting loads.
TowMate’s Request To Renew the
Exemption
At the time the exemption was
granted, the term of temporary
exemptions was limited by statute to a
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maximum of 2 years. However, the
Fixing America’s Surface Transportation
(FAST) Act, signed on December 4,
2015, now allows an exemption to be
granted for a period of up to 5 years (49
U.S.C. 31315(b)(2)) if FMCSA finds
‘‘such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption’’
(§ 31315(b)(1)). TowMate has requested
a 5-year extension of the current
exemption.
Basis for Renewing Exemption
FMCSA is not aware of any evidence
showing that the operation of
rechargeable wireless temporary stop,
turn, and tail lighting systems during
temporary towing operations during the
current exemption has resulted in any
degradation of safety. The Agency
believes that extending the exemption
for a period of 5 years will likely
achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
The renewal outlined in this notice
extends the exemption from February 9,
2018, through February 9, 2023, and
requests public comment. During that
period, motor carriers will be allowed to
use rechargeable wireless temporary
stop, turn, and tail lighting systems that
do not meet the lighting power supply
requirements of 49 CFR 393.23 during
temporary towing operations, provided
the requirements of 49 CFR 393.17(b)(2)
are met. The exemption will be valid for
5 years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
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6307
Request for Comments
FMCSA requests comments from
parties with data concerning the safety
record of motor carriers using
rechargeable wireless temporary stop,
turn, and tail lighting systems during
temporary towing operations in
accordance with the conditions of the
exemption. The Agency will evaluate
adverse evidence submitted during the
comment period and at any time during
the 5-year period of the exemption. If
safety is being compromised or if
continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b)(1), FMCSA will take
immediate steps to revoke the
exemption.
Issued on: February 6, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018–02890 Filed 2–12–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2017–0118]
Petition for Waiver of Compliance
Under part 211 of Title 49 Code of
Federal Regulations (CFR), this provides
the public notice that on November 7,
2017, Denver’s Regional Transportation
District (RTDC) petitioned the Federal
Railroad Administration (FRA) for a
waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR 236.
FRA assigned the petition Docket
Number FRA–2017–0118.
In accordance with 49 CFR 236.588,
RTDC is requesting approval to perform
periodic testing of the Automatic Train
Control system (ATC) at an interval of
92 days for the RTDC fleet of electric
multiple unit equipment (EMUs),
numbered RTDC 4001 through RTDC
4066. Currently RTDC is performing
ATC periodic testing at an interval of 60
days as required by 49 CFR 236.588. In
support of this request, RTDC states that
the original equipment manufacturer
(OEM) Siemens Rail Automation
(formerly PHW, Inc.) has developed the
maintenance and testing program for
these vehicles based on a 92-day
interval. RTDC has included relevant
portions of this program with its
petition. RTDC further states that to
date, there have been no issues with the
ATC system found during periodic
testing that would be impacted by
increasing the testing interval to 92
days. RTDC adds that granting the
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6308
Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
requested approval would not result in
an additional costs and would allow
RTDC to improve efficiency and
resource allocation while complying
with the OEM’s maintenance
requirements.
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: https://
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 March
30, 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://
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
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. 2018–02867 Filed 2–12–18; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2006–25764]
Petition for Waiver of Compliance
Under part 211 of Title 49 Code of
Federal Regulations (CFR), this provides
the public notice that by a letter dated
December 21, 2017, Union Pacific
Railroad Company (UP) petitioned the
Federal Railroad Administration (FRA)
for an extension of its waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR 232. FRA assigned
the petition Docket Number FRA–2006–
25764.
UP originally received conditional
relief in 2007 from 49 CFR 232.205,
Class I brake test-initial terminal
inspection, and 49 CFR 215 Freight car
safety standards, for freight cars
received in interchange at the United
States/Mexico border crossing in
Calexico, California, to permit required
inspections to be conducted in El
Centro, California, 10.1 miles north of
Calexico. The original justification for
the relief, as stated by UP, included:
Inadequate capacity at the yard in
Calexico, due to increased rail traffic
volume;
• Inability to adjust its infrastructure
due to Calexico yard’s location in the
middle of the city (causing the yard to
be effectively ‘‘boxed in’’ by existing
development and the locations of
highway crossings);
• The need to avoid ‘‘bottleneck’’
delays at Calexico, affecting commerce
on both sides of the border; and
• The elimination of choked flow of
automobile traffic in Calexico, when
trains stop or go very slowly across
street crossings for inspections.
UP’s relief was extended for an
additional five years in a decision letter
dated March 26, 2013. In support of its
present petition to extend its relief, UP
states it has been operating under the
requirements set forth in the waiver for
the past ten years and no adverse effect
on the safety of operations has occurred.
A copy of the petition, as well as any
written communications concerning the
PO 00000
Frm 00150
Fmt 4703
Sfmt 4703
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: https://
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 March
30, 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.).
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.
E:\FR\FM\13FEN1.SGM
13FEN1
Agencies
[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6307-6308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02867]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2017-0118]
Petition for Waiver of Compliance
Under part 211 of Title 49 Code of Federal Regulations (CFR), this
provides the public notice that on November 7, 2017, Denver's Regional
Transportation District (RTDC) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR 236. FRA
assigned the petition Docket Number FRA-2017-0118.
In accordance with 49 CFR 236.588, RTDC is requesting approval to
perform periodic testing of the Automatic Train Control system (ATC) at
an interval of 92 days for the RTDC fleet of electric multiple unit
equipment (EMUs), numbered RTDC 4001 through RTDC 4066. Currently RTDC
is performing ATC periodic testing at an interval of 60 days as
required by 49 CFR 236.588. In support of this request, RTDC states
that the original equipment manufacturer (OEM) Siemens Rail Automation
(formerly PHW, Inc.) has developed the maintenance and testing program
for these vehicles based on a 92-day interval. RTDC has included
relevant portions of this program with its petition. RTDC further
states that to date, there have been no issues with the ATC system
found during periodic testing that would be impacted by increasing the
testing interval to 92 days. RTDC adds that granting the
[[Page 6308]]
requested approval would not result in an additional costs and would
allow RTDC to improve efficiency and resource allocation while
complying with the OEM's maintenance requirements.
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: https://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 March 30, 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. 2018-02867 Filed 2-12-18; 8:45 am]
BILLING CODE 4910-06-P