Southeastern Pennsylvania Transportation Authority's Request To Amend Its Positive Train Control System, 74562-74563 [2023-24013]

Download as PDF 74562 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices I. Public Participation A. Viewing Comments To view comments, go to www.regulations.gov. Insert the docket number (FMCSA–2012–0050, FMCSA– 2014–0381, FMCSA–2015–0119, FMCSA–2019–0028, or FMCSA–2019– 0031) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. B. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption request. 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 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. lotter on DSK11XQN23PROD with NOTICES1 II. Background On September 6, 2023, FMCSA published a notice announcing its decision to renew exemptions for six individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (88 FR 60734). The public comment period ended on October 5, 2023, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. VerDate Sep<11>2014 17:18 Oct 30, 2023 Jkt 262001 In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the six renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of September 30, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following six individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR 60734): Ronald Boogay (NJ) Todd Brock (CO) Gary Cox (OR) Tina Farmer (PA) Marion Franklin Legg, Jr. (MD) William Rainer, III (TX) The drivers were included in docket number FMCSA–2012–0050, FMCSA– 2014–0381, FMCSA–2015–0119, FMCSA–2019–0028, or FMCSA–2019– 0031. Their exemptions were applicable as of September 30, 2023 and will expire on September 30, 2025. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being 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(b). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–23968 Filed 10–30–23; 8:45 am] BILLING CODE 4910–EX–P 1 These criteria may be found in APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, which is available on the internet at https:// www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ CFR-2015-title49-vol5-part391-appA.pdf. PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–0036] Southeastern Pennsylvania 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 October 20, 2023, the Southeastern Pennsylvania Transportation Authority (SEPTA) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system. 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 November 20, 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 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–2010–0036. 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. 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 PTC Safety Plan (PTCSP), a host railroad SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 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 or train control system. Accordingly, this notice informs the public that, on October 20, 2023, SEPTA submitted an RFA to its PTCSP for its Interoperable Electronic Train Management System (I–ETMS), which seeks FRA’s approval for a two- to three-hour outage to support SEPTA’s PTC Back Office Subsystem upgrade. That RFA is available in Docket No. FRA–2010– 0036. Interested parties are invited to comment on SEPTA’s RFA 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 at FRA’s sole discretion. Privacy Act Notice lotter on DSK11XQN23PROD with NOTICES1 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. 2023–24013 Filed 10–30–23; 8:45 am] BILLING CODE 4910–06–P VerDate Sep<11>2014 17:18 Oct 30, 2023 Jkt 262001 DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2022–0029] Interim Asset Disposition Guidance Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Interim Guidance and response to public comments. AGENCY: The Federal Transit Administration (FTA) hereby establishes Interim Guidance to provide clarity on an asset disposition option under the National Defense Authorization Act (NDAA) for Fiscal Year 2022. Under the new provision, FTA may authorize the transfer of real property acquired or improved with Federal assistance, but no longer needed for the originally authorized purpose, to a local governmental authority, nonprofit organization, or other thirdparty entity if certain statutory criteria are met. DATES: The effective date of this Interim Guidance is October 31, 2023. ADDRESSES: One may access this interim guidance and public comments on the proposed guidance at docket number FTA–2022–0029. For access to the docket, please visit https:// www.regulations.gov or the Docket Operations office located in the West Building of the United States Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For policy guidance questions, contact Maggie Schilling, Office of Budget and Policy, Federal Transit Administration, 1200 New Jersey Ave. SE, Room E52– 315, Washington, DC 20590, phone: 202–366–1487, or email margaret.schilling@dot.gov. For legal questions, contact Kathryn Loster at (202) 360–2322 or email kathryn.loster@ dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Introduction This guidance explains changes made to 49 U.S.C. 5334(h)(1) by the National Defense Authorization Act (NDAA) for Fiscal Year 2022 (Pub. L. 117–81). Specifically, section 6609 of the NDAA added a new disposition option for real property acquired or improved with Federal assistance that are no longer needed for the originally authorized purpose. Under the new provision, FTA may authorize the transfer of property to PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 74563 a local government authority, nonprofit organization, or other third-party entity if, among other criteria enumerated in the law, it will be used for transitoriented development and include affordable housing. FTA published a notice of availability of the proposed asset disposition guidance and request for comments on March 15, 2023 (88 FR 16076), and the comment period ended April 14, 2023. This notice provides a summary of the comments received, responses and guidance clarifications from FTA, and the publication of the interim guidance in the form of FAQs, which is available on the agency’s public website at https://www.transit.dot.gov/funding/ funding-finance-resources/interimasset-disposition-guidance. II. Response to Public Comments FTA received comments from five respondents on its Proposed Asset Disposition Guidance. The commenters represent transit agencies and industry stakeholders, including the American Public Transportation Association, Sound Transit, and the Local Initiatives Support Corporation. In this section, FTA responds to public comments in the following topical order: (A) General Comments; (B) Eligibility; (C) Review and Approval Process; (D) Affordable Housing Requirements; (E) Monitoring Requirements; (F) Other Requirements; and (G) Categorization of Special Purpose Entities. One commenter raised issues that are outside the scope of the Proposed Guidance and Legislative Authority, and FTA does not address those concerns in this Interim Guidance. A. General Comments i. Two commenters expressed support for the legislative change, which provides this additional asset disposition option, and the benefit this will have on Transit Oriented Development and affordable housing. One comment notes this guidance is helpful and constructive. FTA Response: FTA appreciates these comments and the transit agency and industry stakeholder support for affordable housing. B. Eligibility i. One commenter requested clarity on whether provisions apply to real property that was either acquired or improved with FTA assistance. For example, those improved as part of an FTA-assisted project, even if it was originally acquired with non-federal funds. ii. One commenter requested clarity on whether provisions in question apply to projects whose Federal funding E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74562-74563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24013]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0036]


Southeastern Pennsylvania Transportation Authority's Request To 
Amend Its Positive Train Control System

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

ACTION: Notice of availability and request for comments.

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

SUMMARY: This document provides the public with notice that, on October 
20, 2023, the Southeastern Pennsylvania Transportation Authority 
(SEPTA) submitted a request for amendment (RFA) to its FRA-certified 
positive train control (PTC) system. 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 November 20, 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 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-2010-0036. For convenience, all active PTC 
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/research-development/program-areas/train-control/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: 
[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 PTC Safety Plan 
(PTCSP), a host railroad

[[Page 74563]]

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 or train control 
system. Accordingly, this notice informs the public that, on October 
20, 2023, SEPTA submitted an RFA to its PTCSP for its Interoperable 
Electronic Train Management System (I-ETMS), which seeks FRA's approval 
for a two- to three-hour outage to support SEPTA's PTC Back Office 
Subsystem upgrade. That RFA is available in Docket No. FRA-2010-0036. 
Interested parties are invited to comment on SEPTA's RFA 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 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. 2023-24013 Filed 10-30-23; 8:45 am]
BILLING CODE 4910-06-P

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