May 28,2015, FR Notice (Emergency Processing Request)

May 28, 2015 FR Notice (EO31 Emerg. Proc.).pdf

FRA Emergency Order No. 31, Notice No. 1

May 28,2015, FR Notice (Emergency Processing Request)

OMB: 2130-0611

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on the Northeast Corridor becoming
operative.
Finding and Order
FRA recognizes that passenger rail
transportation is generally extremely
safe. However, FRA finds that the recent
May 12, 2015, accident on Amtrak, and
the lack of overspeed protections in
place at certain locations on Amtrak’s
system, create an emergency situation
involving a hazard of death, personal
injury, or significant harm to the
environment. Accordingly, under the
authority of 49 U.S.C. 20104, delegated
to the Administrator of FRA by the
Secretary of Transportation, 49 CFR 1.89
and internal delegations, it is hereby
ordered that:
1. Amtrak must immediately
implement code changes to its ATC
System or other signal systems near the
Frankford Junction curve in
Philadelphia, Pennsylvania where the
fatal May 12, 2015, accident occurred.
The changes must enforce the passenger
train speed limit of 50 mph for timetable
east (northbound) trains approaching
that curve.
2. Amtrak must survey its main line
track system located on the Northeast
Corridor (as described by 49 U.S.C.
24905(c)(1)(A)) and identify each main
track curve where there is a reduction
of more than 20 mph from the
maximum authorized approach speed to
that curve for passenger trains, and
provide a list of each location to the
FRA Associate Administrator for
Railroad Safety and Chief Safety Officer
(Associate Administrator) within 5 days
of the date of this Order. For purposes
of compliance with this Order, the
speed reductions of more than 20 mph
that existed on the date of the issuance
of this Order apply.
3. After identifying the curves above,
Amtrak shall develop and submit to
FRA for approval an action plan that
accomplishes each of the following:
a. Identifies appropriate modifications
to Amtrak’s existing ATC System or
other signal systems that Amtrak will
make to enable warning and
enforcement of applicable passenger
train speeds at the identified curves. If
such coding changes will interfere with
the timely implementation of a PTC
system or are not otherwise feasible,
Amtrak’s plan must describe why such
changes are not feasible and may
describe alternative operating
procedures that it will adopt at the
identified curves to ensure compliance
with applicable speed reductions.
b. Contains milestones and target
dates for implementing each identified
modification to Amtrak’s existing ATC
System or other signal systems (or

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alternative operational changes) to
enable warning and enforcement of
passenger train speeds at the identified
curves.
4. Amtrak must submit the action
plan to the Associate Administrator
within 20 days of the date of this Order.
FRA will review and approve, approve
with conditions, or disapprove Amtrak’s
action plan within 15 days of the plan’s
submission to FRA. Once FRA approves
its action plan, Amtrak must make all
identified modifications to the existing
ATC System or other signal systems (or
alternative operational changes) in the
timeframes and manner that complies
with all conditions FRA places on its
approval of Amtrak’s action plan.
5. As soon as possible, but not later
than 30 days after the date of this Order,
Amtrak must begin to install additional
wayside signage alerting engineers and
conductors of the maximum authorized
passenger train speed throughout its
Northeast Corridor system, with
particular emphasis on additional
signage at the curve locations where
speed reductions implicated by this
Order must occur. Amtrak must identify
the locations where it intends to install
the additional wayside speed limit signs
in the action plan submitted under
paragraphs 3 and 4 above, and must
notify the Associate Administrator upon
the completion of the installation of
those signs.
Nothing in this Order precludes FRA
from using any of the other enforcement
tools available to the agency under its
regulatory authority to address noncompliance with the Federal railroad
safety laws, regulations, and orders by
Amtrak. If necessary, FRA may issue
additional emergency orders or
compliance orders, impose civil
penalties against Amtrak (including
individuals who may be liable for civil
penalties for willful violations of the
Federal railroad safety laws and
regulations), or disqualify individuals
from performing safety-sensitive
functions.
Relief

Frm 00106

Penalties
Any violation of this EO shall subject
the person committing the violation to
a civil penalty of up to $105,000. 49
U.S.C. 21301. Any individual who
willfully violates a provision stated in
this order is subject to civil penalties
under 49 U.S.C. 21301. In addition, any
individual whose violation of this order
demonstrates the individual’s unfitness
for safety-sensitive service may be
removed from safety-sensitive service
on the railroad under 49 U.S.C. 20111.
If appropriate, FRA may pursue
criminal penalties under 49 U.S.C.
522(a) and 49 U.S.C. 21311(a), as well
as 18 U.S.C. 1001, for the knowing and
willful falsification of a report required
by this Order. FRA may, through the
Attorney General, also seek injunctive
relief to enforce this Order. 49 U.S.C.
20112.
Effective Date and Notice to Affected
Persons
This EO is effective upon Amtrak’s
receipt of an electronic copy, and
Amtrak shall immediately initiate steps
to implement this Order to comply with
the Order’s deadlines.
Review
Opportunity for formal review of this
EO will be provided under 49 U.S.C.
20104(b) and 5 U.S.C. 554.
Administrative procedures governing
such review are at 49 CFR part 211. See
49 CFR 211.47, 211.71, 211.73, 211.75,
and 211.77.
Issued in Washington, DC, on May 21,
2015.
Sarah Feinberg,
Acting Administrator.
[FR Doc. 2015–12774 Filed 5–27–15; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2015–0007–N–15]

Amtrak, or any other passenger
railroad affected by this Order, may
petition for special approval to take
actions not in accordance with this EO.
Petitions must be submitted to the
Associate Administrator, who is
authorized to act on those requests
without amending this EO. In reviewing
any petition for special review, the
Associate Administrator shall grant
petitions only if the petitioner has
clearly articulated an alternative action
that will provide, in the Associate
Administrator’s judgment, at least a

PO 00000

level of safety equivalent to that
provided by compliance with this EO.

Fmt 4703

Sfmt 4703

Agency Request for Emergency
Processing of Collection of
Information by the Office of
Management and Budget
Federal Railroad
Administration (FRA), United States
Department of Transportation (USDOT).
ACTION: Notice.
AGENCY:

FRA hereby gives notice that
it is submitting the following
Information Collection request (ICR) to
the Office of Management and Budget

SUMMARY:

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asabaliauskas on DSK5VPTVN1PROD with NOTICES

(OMB) for emergency processing under
the Paperwork Reduction Act of 1995.
FRA requests that OMB authorize the
collection of information identified
below by May 26, 2015, for a period of
180 days.
FOR FURTHER INFORMATION CONTACT: A
copy of this individual ICR, with
applicable supporting documentation,
may be obtained by telephoning FRA’s
Office of Safety Clearance Officer:
Robert Brogan (tel. (202) 493–6292) or
FRA’s Office of Administration
Clearance Officer: Kimberly Toone (tel.
(202) 493–6132) (these numbers are not
toll-free); or by contacting Mr. Brogan
via facsimile at (202) 493–6216 or Ms.
Toone via facsimile at (202) 493–6497,
or via email by contacting Mr. Brogan at
[email protected]; or by contacting
Ms. Toone at [email protected].

Comments and questions about the ICR
identified below should be directed to
OMB’s Office of Information and
Regulatory Affairs, Attn: FRA OMB
Desk Officer.
SUPPLEMENTARY INFORMATION: FRA is
issuing Emergency Order No. 31 (EO or
Order) to require that the National
Railroad Passenger Corporation
(Amtrak) take actions to control
passenger train speed at certain
locations on main line track in the
Northeast Corridor (as defined by 49
U.S.C. 24905(c)(1)(A)). Amtrak must
immediately implement code changes to
its Automatic Train Control (ATC)
System to enforce the passenger train
speed limit ahead of the curve at
Frankford Junction in Philadelphia,
Pennsylvania, where a fatal accident
occurred on May 12, 2015. Amtrak must

also identify all other curves on the
Northeast Corridor where there is a
significant reduction (more than 20
miles per hour (mph)) from the
maximum authorized approach speed to
those curves for passenger trains.
Amtrak must then develop and comply
with an FRA-approved action plan to
modify its existing ATC System or other
signal systems (or take alternative
operational actions) to enable
enforcement of passenger train speeds at
the identified curves. Amtrak must also
install additional wayside passenger
train speed limit signage at appropriate
locations on its Northeast Corridor rightof-way.
Title: FRA Emergency Order No. 31,
Notice No.1
Reporting Burden:

Emergency order No.
31–item:

Respondent universe

Total annual responses

Average time per response

(1) Amtrak survey of Northeast Corridor
(NEC) main line track system to create list
identifying each main track curve where
there is a reduction of more than 20 mph
from the maximum authorized speed to
that curve.
(2) Development and submission of Amtrak
Action Plan to FRA.
(3) Installation of Additional Wayside Signs
throughout NEC, particularly along curve
locations, to alert engineers and conductors of maximum authorized train speed.
—Notice by Amtrak to FRA of Installation of
Signs along NEC designated in its.
(4) Relief Petition to FRA to take action not
in Accordance with this Emergency Order.

1 Railroad ..................

1 list .............................

32 hours .....................

32 hours

1 Railroad ..................

1 action plan ................

80 hours .....................

80 hours

1 Railroad ..................

186 NEC wayside
signs.

15.4839 minutes per
sign.

48 hours

1 Railroad ..................

6 notices ......................

15 minutes .................

2 hours

1 Railroad ..................

1 petition request .........

80 hours .....................

80 hours

Form Number(s): N/A.
Respondent Universe: 1 Railroad.
Frequency of Submission: One-time;
on occasion.
Total Estimated Responses: 195.
Total Estimated Annual Burden: 242
hours.
Status: Emergency Review.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2015–12776 Filed 5–27–15; 8:45 am]
BILLING CODE 4910–06–P

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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2015 0067]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
MARTHA R; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:

As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
June 29, 2015.
SUMMARY:

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Total annual burden
hours

Comments should refer to
docket number MARAD–2015–0067.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at http://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at http://
www.regulations.gov.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,

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