Petition for Waiver of Compliance, 45296 [2020-16228]

Download as PDF 45296 Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0047] jbell on DSKJLSW7X2PROD with NOTICES Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on June 12, 2020, 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 contained at 49 CFR part 238, Passenger Equipment Safety Standards. FRA assigned the petition Docket Number FRA–2020–0047. Amtrak requests relief from the requirements of 49 CFR 238.121, Emergency communication, for a new fleet of Viewliner II sleeping cars. Each new passenger car must be equipped with an intercom system at each half end of the car that provides a means for passengers and crewmembers to communicate by voice during an emergency. Amtrak’s Viewliner II cars are configured with two passenger emergency intercoms (PEIs): one located in the hallway at the car’s A-end and the other inside the Americans with Disabilities Act (ADA) bedroom at the car’s B-end. Amtrak states that it believes this arrangement meets the requirements for a PEI at each end of the car. However, because the PEI on the Bend of the vehicle is located inside the ADA bedroom, which is not readily accessible to all passengers on that car end, the PEI is not compliant with the regulation. Amtrak explains it is working with Ultra-Tech Enterprises, the current PEI vendor, to develop the scope of work and cost of installation of a fully accessible PEI in each car’s B-end hallway. The modification will be made as the cars are delivered, and all cars are expected to be delivered and modified within two years. However, Amtrak wishes to place the cars into service before the modification is complete, as waiting will shorten the warranty period of the vehicles, while still incurring costs to perform periodic maintenance and delay Amtrak the opportunity to offer a new product that may attract passengers during the current economic hardship. Until the modification is complete, Amtrak proposes to install signage that will inform passengers of the PEI locations. Amtrak also states that the current cars’ configuration is similar to the configuration of the Viewliner I equipment, which has operated safely VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 without an emergency two-way communication device, as it was built before the current regulation went into effect. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. 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: 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 Ave. SE, W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Ave. 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 10, 2020 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. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2020–16228 Filed 7–24–20; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0053] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on June 24, 2020, Berkshire Scenic Railway Museum (BCRY) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 240, Qualifications and Certification of Locomotive Engineers. FRA assigned the petition Docket Number FRA–2020– 0053. Specifically, BCRY seeks a waiver from the requirements of 49 CFR 240.201(d), Implementation, which states that a railroad can only permit qualified locomotive engineers to operate locomotives. BCRY seeks to operate a ‘‘hand on the throttle’’ charter program and offer non-certified individuals the opportunity to operate a diesel-electric locomotive under the direct supervision of a certified and qualified locomotive engineer. BCRY states the waiver would affect only persons who participate in the program and restrictions would be placed on this operation. The waiver would cover operations on a 2-mile segment of other-than-main track between mile post (MP) 0.0 and MP 2.0. There are no public grade crossings or otherwise hazardous or unusual conditions on this segment of track. Through a license agreement with the Massachusetts Department of Transportation (Mass DOT), BCRY utilizes 5 miles of the Adams Industrial Track to provide tourist service on weekends. BCRY’s tourist operations on this track are at restricted speed, at a maximum of 15 miles per hour. Mass DOT also has a license agreement with Pan Am Railways (PAR) on this same track segment. PAR only operates on the Adam Industrial lead on Tuesday and Thursday between 0700 and 1700. BCRY must always coordinate with the PAR dispatcher and obtain permission prior to occupying the track between MP. 0.0 and MP 5.0 to ensure there are no PAR trains on this track segment. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. If any interested parties E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Page 45296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16228]



[[Page 45296]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0047]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on June 12, 2020, 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 contained at 49 CFR part 
238, Passenger Equipment Safety Standards. FRA assigned the petition 
Docket Number FRA-2020-0047.
    Amtrak requests relief from the requirements of 49 CFR 238.121, 
Emergency communication, for a new fleet of Viewliner II sleeping cars. 
Each new passenger car must be equipped with an intercom system at each 
half end of the car that provides a means for passengers and 
crewmembers to communicate by voice during an emergency. Amtrak's 
Viewliner II cars are configured with two passenger emergency intercoms 
(PEIs): one located in the hallway at the car's A-end and the other 
inside the Americans with Disabilities Act (ADA) bedroom at the car's 
B-end. Amtrak states that it believes this arrangement meets the 
requirements for a PEI at each end of the car. However, because the PEI 
on the B-end of the vehicle is located inside the ADA bedroom, which is 
not readily accessible to all passengers on that car end, the PEI is 
not compliant with the regulation.
    Amtrak explains it is working with Ultra-Tech Enterprises, the 
current PEI vendor, to develop the scope of work and cost of 
installation of a fully accessible PEI in each car's B-end hallway. The 
modification will be made as the cars are delivered, and all cars are 
expected to be delivered and modified within two years.
    However, Amtrak wishes to place the cars into service before the 
modification is complete, as waiting will shorten the warranty period 
of the vehicles, while still incurring costs to perform periodic 
maintenance and delay Amtrak the opportunity to offer a new product 
that may attract passengers during the current economic hardship. Until 
the modification is complete, Amtrak proposes to install signage that 
will inform passengers of the PEI locations.
    Amtrak also states that the current cars' configuration is similar 
to the configuration of the Viewliner I equipment, which has operated 
safely without an emergency two-way communication device, as it was 
built before the current regulation went into effect.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. 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: 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 Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. 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 10, 2020 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.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-16228 Filed 7-24-20; 8:45 am]
BILLING CODE 4910-06-P