BNSF Railway Company's Request To Amend Its Positive Train Control Safety Plan and Positive Train Control System, 55889-55890 [2022-19636]

Download as PDF Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices and the problems that would be encountered if the renting motor carrier attempted to use their own ELDs in the rental vehicle. TRALA states that the exemption will not serve as an incentive for motor carriers to use short-term rentals to avoid the ELD requirements generally. Short-term rentals have a substantially higher per day or weekly rental fee than vehicles leased for longer periods, making it significantly more costly for companies to continually rent for 8 days at a time over the long term. TRALA also states that enforcement officers can readily determine that the vehicle is a short-term rental because drivers are required to provide a copy of the rental agreement to the officer on demand. FMCSA is unaware of any evidence of a degradation of safety attributable to the current exemption for TRALA. There is no indication of an adverse impact on safety while operating under the terms and conditions specified in the initial exemption. FMCSA concludes that provisionally extending the original exemption granted on October 11, 2017, for another five years, under the terms and conditions listed below, will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. V. Exemption Decision A. Grant of Exemption FMCSA provisionally renews the exemption for a period of five years subject to the terms and conditions of this decision and the absence of public comments that would cause the Agency to terminate the exemption under Sec. V.F. below. The exemption from the requirements of 49 CFR 395.8(a)(1)(i), is otherwise effective October 12, 2022, through October 12, 2027, 11:59 p.m. local time, unless renewed or rescinded. B. Applicability of Exemption The exemption excuses motor carriers and drivers of property-carrying CMVs rented for a period of eight days or fewer from the requirement to install and use an ELD to record the driver’s RODS. This exemption covers a rental period of eight days or fewer, regardless of reason for the rental. lotter on DSK11XQN23PROD with NOTICES1 C. Terms and Conditions When operating under this exemption, TRALA and its member company drivers are subject to the following terms and conditions: (1) TRALA and its drivers must comply with all other applicable Federal Motor Carrier Safety Regulations (49 CFR part 350–399). VerDate Sep<11>2014 17:06 Sep 09, 2022 Jkt 256001 (2) Evidence that a carrier has replaced one rental CMV with another on eight-day cycles or attempted to renew a rental agreement for the same CMV for an additional eight days will be regarded as a violation of the exemption and subject the carrier and driver to the penalties for failure to use an ELD. (3) Drivers must have a copy of this notice in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request. (4) Drivers must have a copy of the rental agreement in the CMV, and make it available to law enforcement officers on request. The agreement must clearly identify the parties to the agreement, the vehicle, and the dates of the rental period. (5) Drivers must possess copies of their RODS for the current day and the prior seven days, if required on those days. D. 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. E. Notification to FMCSA Carriers operating under this exemption must notify FMCSA within five business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s drivers operating under the terms of this exemption. The notification must include the following information: (a) Identity of Exemption: ‘‘TRALA’’ (b) Date of the accident, (c) City or town, and State, in which the accident occurred, or closest to the accident scene, (d) Driver’s name and license number, (e) Co-driver’s name and license number, (f) Vehicle number and State license number, (g) Number of individuals suffering physical injury, (h) Number of fatalities, (i) The police-reported cause of the accident, (j) Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and (k) The total driving time and total onduty time period prior to the accident. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 55889 Reports filed under this provision shall be emailed to MCPSD@dot.gov. F. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. The exemption will be rescinded if: (1) Motor carriers and drivers operating under the exemption 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 objects of 49 U.S.C. 31136(e) and 31315. VI. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on TRALA’s application for an exemption from the provisions in 49 CFR 395.8(a)(1)(i) that require a motor carrier to install and require each of its drivers to use an ELD to record the driver’s HOS. The exemption allows drivers of property carrying CMVs rented for 8 days or less, regardless of reason, to not use an ELD in the vehicle. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Robin Hutcheson, Deputy Administrator. [FR Doc. 2022–19556 Filed 9–9–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–0056] BNSF Railway Company’s Request To Amend Its Positive Train Control Safety Plan and Positive Train Control System Federal Railroad Administration (FRA), Department of Transportation (DOT). AGENCY: E:\FR\FM\12SEN1.SGM 12SEN1 55890 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices Notice of availability and request for comments. ACTION: This document provides the public with notice that, on September 2, 2022, BNSF Railway Company (BNSF) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP). As this RFA may involve a request for FRA’s approval of proposed material modifications to an FRA-certified positive train control (PTC) system, FRA is publishing this notice and inviting public comment on the railroad’s RFA to its PTCSP. DATES: FRA will consider comments received by October 3, 2022. FRA may consider comments received after that date to the extent practicable and without delaying implementation of valuable or necessary modifications to a PTC system. ADDRESSES: Comments: Comments may be submitted by going to https:// www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name and the applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0056. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/train-control/ ptc/ptc-annual-and-quarterly-reports. All comments received will be posted without change to https:// www.regulations.gov; this includes any personal information. FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. SUPPLEMENTARY INFORMATION: In general, title 49 United States Code (U.S.C.) section 20157(h) requires FRA to certify that a host railroad’s PTC system complies with title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Before making certain changes to an FRA-certified PTC system or the associated FRA-approved PTCSP, a host railroad must submit, and obtain FRA’s approval of, an RFA to its PTCSP under 49 CFR 236.1021. Under 49 CFR 236.1021(e), FRA’s regulations provide that FRA will publish a notice in the Federal Register and invite public comment in accordance with 49 CFR part 211, if an RFA includes a request for approval of a material modification of a signal and train control system. Accordingly, this notice informs the public that, on lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:06 Sep 09, 2022 Jkt 256001 September 2, 2022, BNSF submitted an RFA to its PTCSP for its Interoperable Electronic Train Management System (I–ETMS) and that RFA is available in Docket No. FRA–2010–0056. Interested parties are invited to comment on BNSF’s RFA to its PTCSP by submitting written comments or data. During FRA’s review of this railroad’s RFA, FRA will consider any comments or data submitted within the timeline specified in this notice and to the extent practicable, without delaying implementation of valuable or necessary modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to approve, approve with conditions, or deny a railroad’s RFA to its PTCSP at FRA’s sole discretion. Privacy Act Notice 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 https:// 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/ privacy-notice for the privacy notice of regulations.gov. To facilitate comment tracking, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. If you wish to provide comments containing proprietary or confidential information, please contact FRA for alternate submission instructions. Issued in Washington, DC. Carolyn R. Hayward-Williams, Director, Office of Railroad Systems and Technology. [FR Doc. 2022–19636 Filed 9–9–22; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2022–0002–N–15] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA) and its SUMMARY: PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On April 28, 2022, FRA published a notice providing a 60day period for public comment on the ICR. DATES: Interested persons are invited to submit comments on or before October 12, 2022. ADDRESSES: Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information Collection Clearance Officer, at email: Hodan.Wells@dot.gov or telephone: (202) 868–9412. SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501–3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On April 28, 2022, FRA published a 60-day notice in the Federal Register soliciting comment on the ICR for which it is now seeking OMB approval. See 87 FR 25342. FRA received no comments related to the proposed collection of information. Before OMB decides whether to approve the proposed collection of information, it must provide 30 days for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)–(c); 5 CFR 1320.12(a); see also 60 FR 44978, 44983 (Aug. 29, 1995). OMB believes the 30day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55889-55890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19636]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0056]


BNSF Railway Company's Request To Amend Its Positive Train 
Control Safety Plan and Positive Train Control System

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

[[Page 55890]]


ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that, on 
September 2, 2022, BNSF Railway Company (BNSF) submitted a request for 
amendment (RFA) to its FRA-approved Positive Train Control Safety Plan 
(PTCSP). As this RFA may involve a request for FRA's approval of 
proposed material modifications to an FRA-certified positive train 
control (PTC) system, FRA is publishing this notice and inviting public 
comment on the railroad's RFA to its PTCSP.

DATES: FRA will consider comments received by October 3, 2022. FRA may 
consider comments received after that date to the extent practicable 
and without delaying implementation of valuable or necessary 
modifications to a PTC system.

ADDRESSES: Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for 
submitting comments.
    Instructions: All submissions must include the agency name and the 
applicable docket number. The relevant PTC docket number for this host 
railroad is Docket No. FRA-2010-0056. For convenience, all active PTC 
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments 
received will be posted without change to https://www.regulations.gov; 
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, 
Train Control, and Crossings Division, telephone: 816-516-7168, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In general, title 49 United States Code 
(U.S.C.) section 20157(h) requires FRA to certify that a host 
railroad's PTC system complies with title 49 Code of Federal 
Regulations (CFR) part 236, subpart I, before the technology may be 
operated in revenue service. Before making certain changes to an FRA-
certified PTC system or the associated FRA-approved PTCSP, a host 
railroad must submit, and obtain FRA's approval of, an RFA to its PTCSP 
under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will 
publish a notice in the Federal Register and invite public comment in 
accordance with 49 CFR part 211, if an RFA includes a request for 
approval of a material modification of a signal and train control 
system. Accordingly, this notice informs the public that, on September 
2, 2022, BNSF submitted an RFA to its PTCSP for its Interoperable 
Electronic Train Management System (I-ETMS) and that RFA is available 
in Docket No. FRA-2010-0056.
    Interested parties are invited to comment on BNSF's RFA to its 
PTCSP by submitting written comments or data. During FRA's review of 
this railroad's RFA, FRA will consider any comments or data submitted 
within the timeline specified in this notice and to the extent 
practicable, without delaying implementation of valuable or necessary 
modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR 
236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to 
approve, approve with conditions, or deny a railroad's RFA to its PTCSP 
at FRA's sole discretion.

Privacy Act Notice

    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 https://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/privacy-notice for the privacy notice of regulations.gov. To facilitate 
comment tracking, we encourage commenters to provide their name, or the 
name of their organization; however, submission of names is completely 
optional. If you wish to provide comments containing proprietary or 
confidential information, please contact FRA for alternate submission 
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2022-19636 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-06-P

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