46884 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

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: 

• Web site: 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 Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

November 6, 2017 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered as far as practicable. 

Anyone is able to 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.). In 

accordance with 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. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2017–21514 Filed 10–5–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0084] 

Petition for Waiver of Compliance 

Under part 211 of title 49 of the Code 

of Federal Regulations (CFR), this 

provides the public notice that on 

August 21, 2017, the Norfolk Southern 

Corporation (NS) petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations in 49 CFR part 214. FRA 

assigned the petition docket number 

FRA–2017–0084. 

NS requests a waiver of compliance 

from § 214.336(c) as it pertains to 

procedures for adjacent controlled track 

movements at 25 miles per hour (mph) 

or less. NS indicates this request is 

specific to a unique working group, the 

R–3 Dual Rail Gang (R–3 Gang). This 

group is a system-level production gang 

comprised of 78 employees and 40 

roadway maintenance machines with 

the capability to remove both rails while 

simultaneously installing both new 

rails. NS states no other railroad has a 

work group that operates in this manner 

to replace both rails; the relief requested 

in the waiver would apply only to this 

specific work group. 

NS is seeking a waiver from using the 

gauge position of the rail as the point for 

the plane that is not to be broken on the 

occupied track. Instead, NS seeks to use 

the removed rails of the occupied track 

as an envelope for on-ground work 

performed exclusively between these 

rails for the employees working in the 

R–3 Gang. NS asserts the work can be 

performed safely within the context of 

the R–3 Gang’s work. As described by 

NS in its petition, during dual rail 

replacement, both rails are 

simultaneously removed from the track 

structure and positioned on the ballast 

against the outside of the crossties on 

the occupied track. In this position, the 

removed rail is nearly 16.75 inches 

closer to the adjacent controlled track 

than its normal gage position on the 

crosstie. Once the rails are removed 

from their normal position on the 

crosstie, an adzing machine is used to 

remove any tie cutting from the crosstie. 

At this point in the process, there is not 

a clearly defined outside limit with 

respect to ‘‘the on-ground work 

performed exclusively between the 

rails.’’ NS states that the removed rail 

lying on the ballast against the end of 

the crosstie provides a clear line of 

demarcation that is easily identifiable to 

its employees. 

NS is also seeking a waiver from the 

requirement that on-ground work be 

performed exclusively between the rails 

(i.e., not breaking the plane of the rails) 

of the occupied track. Based on this 

request, NS seeks a waiver from 

compliance to allow up to four onground R–3 Gang employees (when 

working with one adjacent controlled 

track) and up to eight on-ground R–3 

Gang employees (when working with 

two adjacent controlled tracks) to break 

the plane of the outside rail to perform 

minor work. NS indicates the employees 

would be limited in their duties for 

breaking the plane of the outside rail to 

only move tie plates with non-powered 

hand tools from the ballast to its positon 

on top of the crossties. This minor work 

could be completed with the employees’ 

center of gravity positioned within the 

newly defined outside rails. 

A copy of the petition, as well as any 

other written communications 

concerning the petition, is available for 

review online at www.regulations.gov 

and in person at the Department of 

Transportation’s Docket Operations 

Facility, 1200 New Jersey Ave. SE., 

W12–140, Washington, DC 20590. The 

Docket Operations Facility is open from 

9 a.m. to 5 p.m., Monday through 

Friday, except Federal Holidays. 

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 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: 

• Web site: 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 Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

November 20, 2017 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://


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46885 

www.transportation.gov/privacy. See 

also https://www.regulations.gov/ 

privacyNotice for the privacy notice of 

regulations.gov. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2017–21513 Filed 10–5–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0083] 

Petition for Approval of Informational 

Filing 

Under part 211 of title 49, Code of 

Federal Regulations (CFR), this 

document amends prior public notice 

that on August 30, 2017, the Yadkin 

Valley Railroad (YVRR) petitioned the 

Federal Railroad Administration (FRA) 

for approval of an Informational Filing 

(IF) pursuant to 49 CFR 236.913(j). 

The YVRR submitted an IF requesting 

FRA approval to conduct field testing of 

a Train Detection System supplied by 

Next Generation Rail Technologies S.L. 

(NGRT) at Bethania Road highway-rail 

crossing in Rural Hall, North Carolina. 

After installation of the system, the 

proposed period of data collection will 

be approximately four months. YVRR 

asserts that its IF addresses all 

requirements of 49 CFR 236.913(j)(1), 

and that the Train Detection System will 

be operating in shadow mode only to 

collect data, and will not interfere, 

impact, or communicate with the 

current signaling system. 

FRA assigned the petition Docket 

Number FRA–2017–0083, and 

published notice of the petition in the 

Federal Register on September 18, 2017. 

82 FR 43655. 

This document provides additional 

information and corrections to the 

notice published September 18, 2017, 

regarding this docket. The September 18 

notice included an inaccurate 

description of the filing, and omitted 

language providing an opportunity and 

instructions for public comment. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

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 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: 

• Web site: 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 Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

November 20, 2017 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. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2017–21512 Filed 10–5–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2001–10948] 

Petition for Waiver of Compliance 

Under part 211 of Title 49 of the Code 

of Federal Regulations (CFR), this 

document provides the public notice 

that on September 11, 2017, Central 

Montana Rail, Inc. (CMR) petitioned the 

Federal Railroad Administration (FRA) 

for a waiver of compliance from certain 

provisions of the hours of service laws 

contained at Title 49 United States Code 

Section 21103(a) under authority of 

section 21102(b). FRA assigned the 

petition docket number FRA–2001– 

10948. 

CMR requested an extension of its 

existing waiver of relief from the 

provisions of 49 U.S.C. 21103(a), which 

prohibits a train employee from 

remaining or going on duty for a period 

in excess of 12 consecutive hours. 49 

U.S.C. 21102(b) allows railroads with 15 

or fewer employees to be exempted from 

the restriction outlined at 49 U.S.C. 

21103(a)(2), but the exemption may not 

authorize a carrier to require or allow its 

employees to be on duty more than a 

total of 16 hours in a 24-hour period. In 

support of its request, CMR explained 

that the allowance for train crews to 

accumulate up to 16 hours of time on 

duty has not impacted safety negatively, 

and is only used occasionally, to 

address unusual circumstances such as 

weather, traffic peaks, and employee 

illness. CMR states that its operation 

continues on approximately the same 

scale as when the initial waiver was 

granted, with seven regular full-time 

employees. A copy of the petition, as 

well as any written communications 

concerning the petition, is available for 

review online at www.regulations.gov 

and in person at the Department of 

Transportation’s Docket Operations 

Facility, 1200 New Jersey Ave. SE., 

W12–140, Washington, DC 20590. The 

Docket Operations Facility is open from 

9 a.m. to 5 p.m., Monday through 

Friday, except Federal Holidays. 

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 parties desire 

an opportunity for oral comment, 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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES