80 FR 34784 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range		34784-34785
FR Document		2015-14858

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)

[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34784-34785]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14858]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0045]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this provides the public notice that by a document 
dated May 4, 2015, Canadian Pacific Railway, Ltd. (CPR) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR part 232, Brake System Safety Standards for Freight 
and Other Non-Passenger Trains and Equipment. Specifically, CPR 
requests relief from 49 CFR 232.305(b)(2), which requires that a single 
car air brake test (SCABT) be performed when a car is on a shop or 
repair track, as defined in section 232.303(a), for any reason and has 
not received a SCABT within the previous 12-month period. FRA assigned 
the petition docket number FRA-2015-0045.
    In its petition, CPR requests relief allowing for replacements of 
wheels condemnable by all applicable Association of American Railroads 
(AAR) Field Manual Rule 41 defects at Battle Creek Yard, St. Paul, MN, 
on a track designated for minor repairs using a drop table. CPR 
identifies these defects either by the Wheel Impact Load Detector 
(WILD) or visually by a qualified inspector designated under 49 CFR 
215.11 and verified by that

[[Page 34785]]

inspector before being repaired using the drop table on a track 
designated for minor repairs. CP will continue to perform SCABTs as 
required in sections 232.305(b)(1), (4), (5) and 232.305(c)-(e). CPR 
states that this request is consistent with 49 CFR 232.303(a)(2) which 
allows for an exception to the definition of ``major repair'' for 
wheels changed on an intermodal loading ramp. Similar to changing 
wheels on an intermodal loading ramp, wheel replacements using a drop 
table are completed in a short period of time and with no disruption to 
the other car components, including the brake system. The wheelset 
change-out takes an average of 0.337 person-hours. Besides the drop 
table, the repair requires only the use of hand tools and does not 
require additional specialized equipment.
    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 party 
desires 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 
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 August 3, 2015 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 www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on June 11, 2015.
Ron Hynes,
Director of Technical Oversight.
[FR Doc. 2015-14858 Filed 6-16-15; 8:45 am]
 BILLING CODE 4910-06-P

34784 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices

(3) Mail: U.S. Department of foot train station in downtown Sacramento, • In February 2015, FTA engaged National
Transportation, 1200 New Jersey California. The $30 million project is Institute of Standards and Technology’s
Avenue SE., Docket Operations, M–30, partially funded with a $15 million 2012 Hollings Manufacturing Extension
Transportation Infrastructure Generating Partnership (NIST–MEP) to scout for Buy
Room W12–140, Washington, DC Economic Recovery (TIGER) grant. The U.S. America-compliant VRF systems. NIST–
20590–0001; or Department of Transportation (DOT) selected MEP did not locate any domestic VRF
(4) Hand Delivery: Room W12–140 on each project for 2012 TIGER Grant funding systems. In fact, Carrier Corporation
the first floor of the West Building, 1200 based on whether it would, among other responded to NIST–MEP’s scouting efforts,
New Jersey Avenue SE., Washington, things, promote a more environmentally stating ‘‘VRF system is a new technology
DC 20590, between 9 a.m. and 5 p.m., sustainable transportation system. 77 FR . . . there are no current domestic
Monday through Friday, except Federal 4863, 4867 (January 31, 2012). After manufacturers of VRF systems.’’
holidays. rehabilitation, the SVS will include Amtrak Pursuant to 49 U.S.C. 24405(a)(4), FRA will
Instructions: All submissions must station facilities, commercial retail and office publish this letter granting Sacramento’s
make reference to the ‘‘Federal Railroad space. request in the Federal Register and provide
FRA is granting Sacramento’s waiver notice of such finding and an opportunity for
Administration’’ and include docket
request. FRA concludes a waiver is public comment after which this waiver will
number FRA–2012–0033. Due to appropriate under 49 U.S.C. 24405(a)(2)(B) become effective.
security procedures in effect since for the VRF system because domestically- Question about this letter can be directed
October 2001, mail received through the produced HVAC systems meeting the specific to, John Johnson, Attorney-Advisor, at
U.S. Postal Service may be subject to needs of Sacramento for this application (i.e., John.Johnson@dot.gov or (202) 493–0078.
delays. Parties making submissions energy efficiency and historic preservation) Sincerely,
responsive to this notice should are not currently ‘‘produced in sufficient and
Sarah Feinberg
consider using an express mail firm to reasonably available amount or are not of a
Acting Administrator
satisfactory quality.’’ 49 U.S.C.
ensure the prompt filing of any
24405(a)(2)(B).
submissions not filed electronically or With respect to historic building Melissa L. Porter,
by hand. Note that all submissions preservation and energy efficiency, FRA Chief Counsel.
received, including any personal concludes that the VRF system is the only [FR Doc. 2015–14887 Filed 6–16–15; 8:45 am]
information therein, will be posted choice for the rehabilitation of the SVS for BILLING CODE 4910–06–P
without change or alteration to http:// the following reasons:
www.regulations.gov. For more • The VRF system has small distribution
information, you may review DOT’s pipes instead of larger ductwork that DEPARTMENT OF TRANSPORTATION
complete Privacy Act Statement in the would create problematic penetrations in
Federal Register published on April 11, the existing older structures. Federal Railroad Administration
• The VRF system has smaller equipment in
2000 (65 FR 19477), or visit http:// [Docket Number FRA–2015–0045]
the conditioned allowable space.
www.regulations.gov. • The VRF system does not require heavy,
FOR FURTHER INFORMATION CONTACT: Mr. large air handling units that would Petition for Waiver of Compliance
John Johnson, Attorney-Advisor, FRA overburden an historic building’s capacity.
• The VRF system has zone-to-zone heat
In accordance with Part 211 of Title
Office of Chief Counsel, 1200 New 49 of the Code of Federal Regulations
recovery and high efficiency heating and
Jersey Avenue SE., Mail Stop 25, (CFR), this provides the public notice
cooling.
Washington, DC 20590, (202) 493–0078, that by a document dated May 4, 2015,
In addition to concluding that VRF is the
John.Johnson@dot.gov. Canadian Pacific Railway, Ltd. (CPR)
only system meeting the project’s needs, FRA
SUPPLEMENTARY INFORMATION: also conducted due diligence with regard to has petitioned the Federal Railroad
The letter granting Sacramento’s determining the availability of domestic Administration (FRA) for a waiver of
request is quoted below: manufacturers of the VRF system. FRA compliance from certain provisions of
Mr. Gregory Taylor concludes that no company manufactures the Federal railroad safety regulations
AIA, Supervising Architect/Project Manager VRF systems domestically. FRA bases this contained at 49 CFR part 232, Brake
City of Sacramento, Department of Public determination on the following facts:
System Safety Standards for Freight and
Works • In 2010, the U.S. Department of Energy Other Non-Passenger Trains and
915 I Street (DOE) issued a blanket non-availability
waiver for VRF HVAC systems procured
Equipment. Specifically, CPR requests
Room 2000
Sacramento, CA 95814–2604. with American Reinvestment and Recovery relief from 49 CFR 232.305(b)(2), which
Act funding. See 75 FR 35447, June 22, requires that a single car air brake test
Re: Request for Waiver of Buy America
Requirement 2010. (SCABT) be performed when a car is on
• In 2014, the Federal Transit a shop or repair track, as defined in
Dear Mr. Taylor:
Administration (FTA) granted two non- section 232.303(a), for any reason and
As you are aware, on November 24, 2014,
availability waivers for VRF systems. See has not received a SCABT within the
the City of Sacramento, California,
Department of Public Works (Sacramento) St. Louis’ MetroLink, 79 FR 34653, June 17, previous 12-month period. FRA
2014, and San Bernardino Associated
requested a waiver from the Federal Railroad
Governments, 79 FR 61129, October 9,
assigned the petition docket number
Administration’s (FRA) Buy America FRA–2015–0045.
requirement (49 U.S.C. 24405(a)) to purchase 2014. FTA is currently reviewing another
non-availability waiver for a VRF system. In its petition, CPR requests relief
a variable refrigerant flow (VRF) heating, allowing for replacements of wheels
ventilation, and air conditioning (HVAC) • On December 9, 2014, FRA provided
system for use in the Sacramento Valley public notice of this waiver request and a condemnable by all applicable
15-day opportunity for comment on its Association of American Railroads
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Station (SVS) Phase II intermodal project.1
The SVS Phase II intermodal project is the Web site. FRA also emailed notice to over (AAR) Field Manual Rule 41 defects at
rehabilitation of the historic 68,000 square 6,000 persons who have signed up for Buy Battle Creek Yard, St. Paul, MN, on a
America notices through ‘‘GovDelivery.’’ track designated for minor repairs using
See http://www.fra.dot.gov/Page/P0719.
1 Sacramento also requested a waiver for
FRA received one comment. The
a drop table. CPR identifies these
Marmoleum flooring. However, FRA has chosen to defects either by the Wheel Impact Load
bifurcate the waiver requests since the VRF waiver commenter supported granting the waiver
is more advanced in terms of processing and in and stated, ‘‘The efficiency of the VRF Detector (WILD) or visually by a
urgent need by Sacramento. FRA is still deciding system cannot be matched by other types qualified inspector designated under 49
whether a waiver for the flooring is warranted. of conventional systems.’’ CFR 215.11 and verified by that

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Document Created: 2015-12-15 14:23:18
Document Modified: 2015-12-15 14:23:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 34784

80 FR 34784 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

Federal Register Volume 80, Issue 116 (June 17, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration