Petition for Extension of Waiver of Compliance, 24655-24656 [2023-08496]

Download as PDF Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices to revise the study title to include ADAS (in reference to the L2 sub study). Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued under the authority of 49 CFR 1.87. Thomas P. Keane, Associate Administrator, Office of Research and Registration. [FR Doc. 2023–08500 Filed 4–20–23; 8:45 am] BILLING CODE 4910–EX–P 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–2010–0030. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. 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. 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 PTC Safety Plan (PTCSP), a host railroad must submit, and obtain FRA’s approval of, an RFA to its PTC system or 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 April 7, 2023, MBTA submitted an RFA to its ACSES II system, which seeks FRA’s approval to install Construction Zone (CZ) Transponders on MBTA’s Western Route Main Line (WRML) segment between June and December 2023. MBTA state that the installation of the CZs is required to implement ATC and to reconfigure and retest PTC on MBTA’s WRML. The CZs will result in the suspension of portions of the PTC system on these lines. During this time there will be no revenue passenger operations until the ATC system is placed into operation. Freight and nonrevenue passenger operations will be conducted under NORAC rule 241 that limits trains to Restricted Speed. Once the ATC system is in operation, the ATC system along with the operating rules will govern train operations until the test and commissioning of the reconfigured ACSES system is complete. SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–0030] Massachusetts Bay Transportation Authority’s Request To Amend Its Positive Train Control System Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document provides the public with notice that, on April 7, 2023, the Massachusetts Bay Transportation Authority (MBTA) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system in order to support the implementation of PTC on its commuter rail network. On MBTA’s North Side, the PTC System in the area is being reconfigured and must be taken out of service during the recommissioning of Automatic Train Control (ATC) and the subsequent recommissioning of MBTA’s Advanced Civil Speed Enforcement System II (ACSES II). FRA is publishing this notice and inviting public comment on the railroad’s RFA to its PTC system. DATES: FRA will consider comments received by May 11, 2023. 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:51 Apr 20, 2023 Jkt 259001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 24655 The RFA is available in Docket No. FRA–2010–0030. Interested parties are invited to comment on MBTA’s RFA to its PTC system 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 PTC system 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. 2023–08456 Filed 4–20–23; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2002–12409] Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated March 15, 2023, Port Authority Trans-Hudson Corporation (PATH) petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 238 (Passenger Equipment Safety E:\FR\FM\21APN1.SGM 21APN1 lotter on DSK11XQN23PROD with NOTICES1 24656 Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices Standards). The relevant Docket Number is FRA–2002–12409. Specifically, PATH requests to extend its relief from §§ 238.305(c)(10) and (d), Interior calendar day mechanical inspection of passenger cars, and 238.317(a)(1), Movement of passenger equipment with other than power brake defects, for its fleet of passenger vehicles. PATH requests continued relief from the requirement that a car must be removed from service on the day following its calendar day interior mechanical inspection. PATH seeks permission for a car to remain in service up to eight calendar days following notification, so the car can be brought to the PATH running repair or main repair facility. In support of this request, PATH states that ‘‘due to the confined geography of the system and limited track storage areas, cutting cars from consists . . . cannot be done during the workday without having significant adverse effect upon passenger service.’’ Further, PATH requests continued relief from the requirement to perform a Class II brake test during specific periods of time at terminal locations. PATH explains that terminal dwell times are less than five minutes and ‘‘the [c]onductor does not have adequate time to remain at the rear of the train while the [e]ngineer changes operating position to perform the [b]rake [t]est, and then walk forward to the conductor operating position between the first and second car.’’ In support of its request, PATH states that ‘‘the typical train will undergo a Class II test approximately ten times every day.’’ 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. 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 party desires 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 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Communications received by June 20, 2023 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. VerDate Sep<11>2014 16:51 Apr 20, 2023 Jkt 259001 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), the U.S. Department of Transportation (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/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2023–08496 Filed 4–20–23; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0033] Petition for Modification of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on March 15, 2023, BNSF Railway Company (BNSF) petitioned the Federal Railroad Administration (FRA) for an amendment of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 215 (Railroad Freight Car Safety Standards) and part 232 (Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices). The relevant Docket Number is FRA–2020– 0033. Specifically, BNSF requests to modify and clarify two of the conditions (conditions 2 and 12) on the relief granted by FRA’s letter dated September 11, 2020.1 BNSF proposes to modify condition 2 by providing an additional report to FRA ‘‘on the prior week[’]s list of actual trains that were operated under the waiver.’’ BNSF states that this additional report would ‘‘provide better clarity for both FRA and Labor as they look to audit BNSF processes against this waiver.’’ BNSF seeks to amend 1 https://www.regulations.gov/document/FRA2020-0033-0005. PO 00000 Frm 00113 Fmt 4703 Sfmt 9990 condition 12 by changing the phrase ‘‘originating terminal’’ to ‘‘the combination location,’’ specifying that until trains are combined, they are ‘‘only potential waiver candidates.’’ In support of its request, BNSF states that the modifications would support ‘‘transparencey (sic) in the waiver process and continuous improvement’’ and ‘‘remove any ambiguity or lack of process understanding.’’ 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. 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 party desires 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 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Communications received by June 20, 2023 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), the U.S. Department of Transportation (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/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2023–08497 Filed 4–20–23; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24655-24656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08496]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-12409]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated March 15, 
2023, Port Authority Trans-Hudson Corporation (PATH) petitioned the 
Federal Railroad Administration (FRA) for an extension of a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 238 (Passenger Equipment Safety

[[Page 24656]]

Standards). The relevant Docket Number is FRA-2002-12409.
    Specifically, PATH requests to extend its relief from Sec. Sec.  
238.305(c)(10) and (d), Interior calendar day mechanical inspection of 
passenger cars, and 238.317(a)(1), Movement of passenger equipment with 
other than power brake defects, for its fleet of passenger vehicles. 
PATH requests continued relief from the requirement that a car must be 
removed from service on the day following its calendar day interior 
mechanical inspection. PATH seeks permission for a car to remain in 
service up to eight calendar days following notification, so the car 
can be brought to the PATH running repair or main repair facility. In 
support of this request, PATH states that ``due to the confined 
geography of the system and limited track storage areas, cutting cars 
from consists . . . cannot be done during the workday without having 
significant adverse effect upon passenger service.'' Further, PATH 
requests continued relief from the requirement to perform a Class II 
brake test during specific periods of time at terminal locations. PATH 
explains that terminal dwell times are less than five minutes and ``the 
[c]onductor does not have adequate time to remain at the rear of the 
train while the [e]ngineer changes operating position to perform the 
[b]rake [t]est, and then walk forward to the conductor operating 
position between the first and second car.'' In support of its request, 
PATH states that ``the typical train will undergo a Class II test 
approximately ten times every day.''
    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. 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 party 
desires 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 at https://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by June 20, 2023 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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-08496 Filed 4-20-23; 8:45 am]
BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.