Petition for Waiver of Compliance, 88488-88489 [2023-28110]

Download as PDF 88488 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–0043] Northern Indiana Commuter Transportation District’s Request To Amend Its Positive Train Control Safety Plan and 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 December 12, 2023, the Northern Indiana Commuter Transportation District (NICD) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP). As this RFA requests FRA’s approval of NICD’s proposed material modifications 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 PTCSP. DATES: FRA will consider comments received by January 10, 2024. 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–2010–0043. 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 khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:15 Dec 20, 2023 Jkt 262001 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 or train control system. Accordingly, this notice informs the public that, on December 12, 2023, NICD submitted an RFA to its PTCSP for its Interoperable Electronic Train Management System, which seeks FRA’s approval to implement the Railcomm Back Office System and its new Computer Aided Dispatching program. That RFA is available in Docket No. FRA–2010– 0043. Interested parties are invited to comment on NICD’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. PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 Issued in Washington, DC. Carolyn R. Hayward-Williams, Director, Office of Railroad Systems and Technology. [FR Doc. 2023–28008 Filed 12–20–23; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2016–0086] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated December 13, 2022, Union Pacific Railroad Company (UPRR) and Canadian National Railway Co. (CN) petitioned the Federal Railroad Administration (FRA) to join an existing waiver of compliance in Docket Number FRA–2016–0086.1 The existing relief in this docket provides CSX Transportation (CSX), BNSF Railway (BNSF), and Kansas City Southern Railway (now known as CPKC) conditional relief from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 232 (Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-Of-Train Devices), and 229 (Railroad Locomotive Safety Standards). Specifically, the existing relief allows the railroads to test extending the air flow method (AFM) test intervals from 92 days to 184 days on locomotives equipped with the New York Air Brake (NYAB) CCB–II and Fastbrake air brake systems. UPRR and CN seek to form test waiver teams operating under the current test committee overseeing the relief in this docket to test UPRR’s 2,113 NYAB CCBII-equipped and 660 Fastbrakeequipped locomotives and CN’s 772 NYAB CCB–2 equipped locomotives. This document also provides the public notice that BNSF, who is already a party to the relief in this docket, petitioned FRA to extend the existing relief and make the relief permanent.2 Subsequently, however, BNSF recognized existing implementation issues that could impact the validity of data being gathered under the terms of the existing relief in this docket and 1 UPRR’s petition is available at https:// www.regulations.gov/document/FRA-2016-00860024, and CN’s petition is available at https:// www.regulations.gov/document/FRA-2016-00860022. Notice of CN’s petition was previously published on November 16, 2022. See https:// www.regulations.gov/document/FRA-2016-00860021. 2 https://www.regulations.gov/document/FRA2016-0086-0016. E:\FR\FM\21DEN1.SGM 21DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices asked FRA to suspend its field investigation of BNSF’s extension request until the railroad reviewed and addressed the issues through the Test Committee established per the terms of the existing relief in this docket.3 Given BNSF’s request, on October 6, 2022, FRA dismissed BNSF’s petition to allow the railroad time to correct the identified issues.4 In a letter dated June 14, 2023, BNSF notified FRA that it had addressed the issues identified and BNSF reiterated its requests to extend and make permanent the existing relief in this docket.5 A copy of the petitions from UPRR, CN, and BNSF, as well as any written communications concerning the petitions, are 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 February 20, 2024 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/ privacy-notice for the privacy notice of regulations.gov. 3 https://www.regulations.gov/document/FRA2016-0086-0019. 4 https://www.regulations.gov/document/FRA2016-0086-0020. 5 https://www.regulations.gov/document/FRA2016-0086-0025. VerDate Sep<11>2014 18:15 Dec 20, 2023 Jkt 262001 88489 Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. Members of the public may call-in using the following number: 312–600–3163 and entering conference ID: 930 866 814#. [FR Doc. 2023–28110 Filed 12–20–23; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–06–P Erhard W. Koehler, (202) 680–2066 or via email at marad.history@dot.gov. You may send mail to N.S. Savannah/ Savannah Technical Staff, Pier 13 Canton Marine Terminal, 4601 Newgate Avenue, Baltimore, MD 21224, ATTN: Erhard Koehler. SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Maritime Administration Decommissioning and Disposition of the National Historic Landmark Nuclear Ship Savannah; Notice of Public Meeting Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: The Maritime Administration (MARAD) announces a public meeting of the Peer Review Group (PRG). The PRG was established pursuant to the requirements of the National Historic Preservation Act (NHPA) and its implementing regulations to plan for the decommissioning and disposition of the Nuclear Ship Savannah (NSS). PRG membership is comprised of officials from the U.S. Department of Transportation, MARAD, the U.S. Nuclear Regulatory Commission (NRC), the Advisory Council on Historic Preservation (ACHP), and the Maryland State Historic Preservation Officer (SHPO) and other consulting parties. The public meeting affords the public an opportunity to participate in PRG activities, including reviewing and providing comments on draft deliverables. MARAD encourages public participation and provides the PRG meeting information below. DATES: The meeting will be held on Tuesday, January 16, 2024, from 2:30 p.m. to 4:00 p.m. Eastern Standard Time (EST). Requests to attend the meeting must be received by 5:00 p.m. EST one week before the meeting, Tuesday, January 9, 2024, to facilitate entry or to receive instructions to participate online. Requests for accommodations for a disability must also be received one week before the meeting, Tuesday, January 9, 2024. ADDRESSES: The meeting will be held onboard the NSS, online, or by phone. The NSS is located at Pier 13 Canton Marine Terminal, 4601 Newgate Avenue, Baltimore, MD 21124. To attend onboard the NSS or attend the meeting online, members of the public must submit a request to attend as described in the Public Participation section below. Online information will be provided to members of the public in response to their requests to attend. SUMMARY: PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 I. Background The decommissioning and disposition of the NSS is an Undertaking under Section 106 of the NHPA. Section 106 requires that federal agencies consider views of the public regarding their Undertakings; therefore, in 2020, MARAD established a Federal docket at https://www.regulations.gov/docket/ MARAD-2020-0133 to provide public notice about the NSS Undertaking. The federal docket was also used in 2021 to solicit public comments on the future uses of the NSS. MARAD is continuing to use this same docket to take in public comment, share information, and post agency actions. The NHPA Programmatic Agreement (PA) for the Decommissioning and Disposition of the NSS is available on the MARAD docket located at www.regulations.gov under docket id ‘‘MARAD–2020–0133.’’ The PA stipulates a deliberative process by which MARAD will consider the disposition of the NSS. This process requires MARAD to make an affirmative, good-faith effort to preserve the NSS. The PA also establishes the PRG in Stipulation II. The PRG is the mechanism for continuing consultation during the effective period of the PA and its members consist of the signatories and concurring parties to the PA, as well as other consulting parties. The PRG members will provide individual input and guidance to MARAD regarding the implementation of stipulations in the PA. PRG members and members of the public are invited to provide input by attending bimonthly meetings and reviewing and commenting on deliverables developed as part of the PA. II. Agenda The agenda will include (1) welcome and introductions; (2) program update; (3) status of PA stipulations; (4) other business; and (5) date of next meeting. The agenda topic titled PA stipulations involves deliverables identified in the PA. MARAD will provide status updates for the following items: the Disposition E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88488-88489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28110]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0086]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated December 13, 
2022, Union Pacific Railroad Company (UPRR) and Canadian National 
Railway Co. (CN) petitioned the Federal Railroad Administration (FRA) 
to join an existing waiver of compliance in Docket Number FRA-2016-
0086.\1\ The existing relief in this docket provides CSX Transportation 
(CSX), BNSF Railway (BNSF), and Kansas City Southern Railway (now known 
as CPKC) conditional relief from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR parts 232 (Brake System 
Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment; End-Of-Train Devices), and 229 (Railroad Locomotive Safety 
Standards). Specifically, the existing relief allows the railroads to 
test extending the air flow method (AFM) test intervals from 92 days to 
184 days on locomotives equipped with the New York Air Brake (NYAB) 
CCB-II and Fastbrake air brake systems.
---------------------------------------------------------------------------

    \1\ UPRR's petition is available at https://www.regulations.gov/document/FRA-2016-0086-0024, and CN's petition is available at 
https://www.regulations.gov/document/FRA-2016-0086-0022. Notice of 
CN's petition was previously published on November 16, 2022. See 
https://www.regulations.gov/document/FRA-2016-0086-0021.
---------------------------------------------------------------------------

    UPRR and CN seek to form test waiver teams operating under the 
current test committee overseeing the relief in this docket to test 
UPRR's 2,113 NYAB CCBII-equipped and 660 Fastbrake-equipped locomotives 
and CN's 772 NYAB CCB-2 equipped locomotives.
    This document also provides the public notice that BNSF, who is 
already a party to the relief in this docket, petitioned FRA to extend 
the existing relief and make the relief permanent.\2\ Subsequently, 
however, BNSF recognized existing implementation issues that could 
impact the validity of data being gathered under the terms of the 
existing relief in this docket and

[[Page 88489]]

asked FRA to suspend its field investigation of BNSF's extension 
request until the railroad reviewed and addressed the issues through 
the Test Committee established per the terms of the existing relief in 
this docket.\3\ Given BNSF's request, on October 6, 2022, FRA dismissed 
BNSF's petition to allow the railroad time to correct the identified 
issues.\4\ In a letter dated June 14, 2023, BNSF notified FRA that it 
had addressed the issues identified and BNSF reiterated its requests to 
extend and make permanent the existing relief in this docket.\5\
---------------------------------------------------------------------------

    \2\ https://www.regulations.gov/document/FRA-2016-0086-0016.
    \3\ https://www.regulations.gov/document/FRA-2016-0086-0019.
    \4\ https://www.regulations.gov/document/FRA-2016-0086-0020.
    \5\ https://www.regulations.gov/document/FRA-2016-0086-0025.
_____________________________________-

    A copy of the petitions from UPRR, CN, and BNSF, as well as any 
written communications concerning the petitions, are 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 February 20, 2024 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/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. 2023-28110 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-06-P
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