80_FR_80697 80 FR 80450 - Petition for Waiver of Compliance

80 FR 80450 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80450-80451
FR Document2015-32452

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80450-80451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32452]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0127]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated November 3, 2015, General Electric Transportation (GE) 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 229, Railroad Locomotive Safety 
Standards. FRA assigned the petition Docket Number FRA-2015-0127.
    GE has requested a waiver of compliance from the requirement of 49 
CFR 229.129(b)(1), that each locomotive (or a sampling of similar 
locomotives) be tested for compliance with the sound level requirements 
given in 49 CFR 229.129(a)(1) prior to entering service, for 31 new 
ET44AC Locomotives to be delivered to CSX Transportation (CSX) and 
numbered CSX 3375 to CSX 3405. The locomotives will be manufactured in 
Erie, PA, and delivered to purchasers from January through March 2016, 
when weather conditions will likely preclude successful testing in 
accordance with 49 CFR 229.129(c)(6). GE requests that the deadline for 
completing the horn testing on these locomotives be extended until 
September 30, 2016. In support of this petition, GE has submitted data 
showing that horns on the previous 2015 model ET44AC locomotives were 
compliant with both high and low sound level requirements, with some 
margin above the minimum and below the maximum. GE also submitted 
illustrations demonstrating that the horn location has not been altered 
and that the only concern is changes in the component of the horn noise 
affected by reflectance off the roof and roof discontinuities on the 
2016 model locomotives. Changes are generally less than 2 inches.
    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 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,

[[Page 80451]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by January 25, 2016 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.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2015-32452 Filed 12-23-15; 8:45 am]
 BILLING CODE 4910-06-P



                                                  80450                     Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  of rail, to be tested every 60 to 365 days.               • Web site: http://                                 CFR 229.129(b)(1), that each locomotive
                                                  BNSF is proposing to test these                         www.regulations.gov. Follow the online                (or a sampling of similar locomotives)
                                                  subdivisions every 30–45 days.                          instructions for submitting comments.                 be tested for compliance with the sound
                                                     The nonstop continuous tests will be                   • Fax: 202–493–2251.                                level requirements given in 49 CFR
                                                  conducted with self-propelled                             • Mail: Docket Operations Facility,                 229.129(a)(1) prior to entering service,
                                                  ultrasonic rail flaw detection vehicles                 U.S. Department of Transportation, 1200               for 31 new ET44AC Locomotives to be
                                                  capable of data acquisition speeds up to                New Jersey Avenue SE., W12–140,                       delivered to CSX Transportation (CSX)
                                                  30 mph. Upon completion of each daily                   Washington, DC 20590.                                 and numbered CSX 3375 to CSX 3405.
                                                  run, the acquired data will be analyzed                   • Hand Delivery: 1200 New Jersey                    The locomotives will be manufactured
                                                  offline by technical experts with                       Avenue SE., Room W12–140,                             in Erie, PA, and delivered to purchasers
                                                  specific analysis tools proven to be                    Washington, DC 20590, between 9 a.m.                  from January through March 2016, when
                                                  effective on a worldwide basis for over                 and 5 p.m., Monday through Friday,                    weather conditions will likely preclude
                                                  10 years, including the most recent                     except Federal Holidays.                              successful testing in accordance with 49
                                                  several years of experience in the                        Communications received by January                  CFR 229.129(c)(6). GE requests that the
                                                  United States. The analysis process will                25, 2016 will be considered by FRA                    deadline for completing the horn testing
                                                  provide the categorization and                          before final action is taken. Comments                on these locomotives be extended until
                                                  prioritization of suspect locations to be               received after that date will be                      September 30, 2016. In support of this
                                                  verified in the field.                                  considered as far as practicable.                     petition, GE has submitted data showing
                                                     Field verification will be conducted                   Anyone is able to search the                        that horns on the previous 2015 model
                                                  by qualified and certified rail test                    electronic form of any written                        ET44AC locomotives were compliant
                                                  professionals with validation equipment                 communications and comments                           with both high and low sound level
                                                  based on global positioning system                      received into any of our dockets by the               requirements, with some margin above
                                                  location and known track features                       name of the individual submitting the                 the minimum and below the maximum.
                                                  identified within the flaw detection                    comment (or signing the document, if                  GE also submitted illustrations
                                                  electronic record. All verifications will               submitted on behalf of an association,                demonstrating that the horn location has
                                                  occur within 72 hours from completion                   business, labor union, etc.). In                      not been altered and that the only
                                                  of the data acquisition test run.                       accordance with 5 U.S.C. 553(c), DOT                  concern is changes in the component of
                                                  Remedial actions will be applied based                  solicits comments from the public to                  the horn noise affected by reflectance off
                                                  on the regulations set for in 49 CFR                    better inform its processes. DOT posts                the roof and roof discontinuities on the
                                                  213.113, Defective rails, for confirmed                 these comments, without edit, including               2016 model locomotives. Changes are
                                                  rail defect locations.                                  any personal information the                          generally less than 2 inches.
                                                     BNSF believes nonstop continuous                     commenter provides, to                                   A copy of the petition, as well as any
                                                  rail testing will provide the capability to             www.regulations.gov, as described in                  written communications concerning the
                                                  reduce service failure and derailment                   the system of records notice (DOT/ALL–                petition, is available for review online at
                                                  risk through implementation of                          14 FDMS), which can be reviewed at                    www.regulations.gov and in person at
                                                  advanced technologies and processes                     www.dot.gov/privacy. See also http://                 the U.S. Department of Transportation’s
                                                  that enable BNSF to more completely                     www.regulations.gov/#!privacyNotice                   (DOT) Docket Operations Facility, 1200
                                                  and frequently conduct the inspection                   for the privacy notice of regulations.gov.            New Jersey Avenue SE., W12–140,
                                                  for their rail network.                                                                                       Washington, DC 20590. The Docket
                                                                                                            Issued in Washington, DC.
                                                                                                                                                                Operations Facility is open from 9 a.m.
                                                     A copy of the petition, as well as any               Robert C. Lauby,                                      to 5 p.m., Monday through Friday,
                                                  written communications concerning the                   Associate Administrator for Railroad Safety,          except Federal Holidays.
                                                  petition, is available for review online at             Chief Safety Officer.                                    Interested parties are invited to
                                                  www.regulations.gov and in person at                    [FR Doc. 2015–32453 Filed 12–23–15; 8:45 am]          participate in these proceedings by
                                                  the U.S. Department of Transportation’s                 BILLING CODE 4910–06–P                                submitting written views, data, or
                                                  (DOT) Docket Operations Facility, 1200
                                                                                                                                                                comments. FRA does not anticipate
                                                  New Jersey Avenue SE., W12–140,
                                                                                                                                                                scheduling a public hearing in
                                                  Washington, DC 20590. The Docket                        DEPARTMENT OF TRANSPORTATION                          connection with these proceedings since
                                                  Operations Facility is open from 9 a.m.
                                                                                                                                                                the facts do not appear to warrant a
                                                  to 5 p.m., Monday through Friday,                       Federal Railroad Administration                       hearing. If any interested party desires
                                                  except Federal Holidays.
                                                                                                          [Docket Number FRA–2015–0127]                         an opportunity for oral comment, they
                                                     Interested parties are invited to                                                                          should notify FRA, in writing, before
                                                  participate in these proceedings by                     Petition for Waiver of Compliance                     the end of the comment period and
                                                  submitting written views, data, or                                                                            specify the basis for their request.
                                                  comments. FRA does not anticipate                         In accordance with part 211 of Title                   All communications concerning these
                                                  scheduling a public hearing in                          49 Code of Federal Regulations (CFR),                 proceedings should identify the
                                                  connection with these proceedings since                 this document provides the public                     appropriate docket number and may be
                                                  the facts do not appear to warrant a                    notice that by a document dated                       submitted by any of the following
                                                  hearing. If any interested party desires                November 3, 2015, General Electric                    methods:
                                                  an opportunity for oral comment, they                   Transportation (GE) has petitioned the                   • Web site: http://
                                                  should notify FRA, in writing, before                   Federal Railroad Administration (FRA)                 www.regulations.gov. Follow the online
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                                                  the end of the comment period and                       for a waiver of compliance from certain               instructions for submitting comments.
                                                  specify the basis for their request.                    provisions of the Federal railroad safety                • Fax: 202–493–2251.
                                                     All communications concerning these                  regulations contained at 49 CFR part                     • Mail: Docket Operations Facility,
                                                  proceedings should identify the                         229, Railroad Locomotive Safety                       U.S. Department of Transportation, 1200
                                                  appropriate docket number (e.g., Waiver                 Standards. FRA assigned the petition                  New Jersey Avenue SE., W12–140,
                                                  Petition Docket Number FRA–2015–                        Docket Number FRA–2015–0127.                          Washington, DC 20590.
                                                  0130) and may be submitted by any of                      GE has requested a waiver of                           • Hand Delivery: 1200 New Jersey
                                                  the following methods:                                  compliance from the requirement of 49                 Avenue SE., Room W12–140,


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                                                                            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                                80451

                                                  Washington, DC 20590, between 9 a.m.                    prior to September 8, 2000, and placed                business, labor union, etc.). In
                                                  and 5 p.m., Monday through Friday,                      into service prior to September 9, 2002,              accordance with 5 U.S.C. 553(c), DOT
                                                  except Federal Holidays.                                will not meet the emergency lighting                  solicits comments from the public to
                                                    Communications received by January                    requirement deadline of December 31,                  better inform its processes. DOT posts
                                                  25, 2016 will be considered by FRA                      2015. Keolis justifies the need for this              these comments, without edit, including
                                                  before final action is taken. Comments                  deadline because of the delay in finding              any personal information the
                                                  received after that date will be                        qualified vendors and adding the                      commenter provides, to
                                                  considered as far as practicable.                       required labor forces to successfully                 www.regulations.gov, as described in
                                                    Anyone is able to search the                          complete this installation. MBTX rolling              the system of records notice (DOT/ALL–
                                                  electronic form of any written                          stock fleet was not in compliance with                14 FDMS), which can be reviewed at
                                                  communications and comments                             all applicable safety standards. The                  www.dot.gov/privacy. See also http://
                                                  received into any of our dockets by the                 extra time sought in this petition will               www.regulations.gov/#!privacyNotice
                                                  name of the individual submitting the                   allow Keolis to finish its ongoing                    for the privacy notice of regulations.gov.
                                                  comment (or signing the document, if                    program (58 coaches have been                           Issued in Washington, DC.
                                                  submitted on behalf of an association,                  upgraded to date) so that 70 percent of
                                                                                                                                                                Robert C. Lauby,
                                                  business, labor union, etc.). In                        this rolling stock is in compliance.
                                                                                                             A copy of the petition, as well as any             Associate Administrator for Railroad Safety,
                                                  accordance with 5 U.S.C. 553(c), DOT                                                                          Chief Safety Officer.
                                                  solicits comments from the public to                    written communications concerning the
                                                                                                          petition, is available for review online at           [FR Doc. 2015–32454 Filed 12–23–15; 8:45 am]
                                                  better inform its processes. DOT posts
                                                  these comments, without edit, including                 www.regulations.gov and in person at                  BILLING CODE 4910–06–P

                                                  any personal information the                            the U.S. Department of Transportation’s
                                                  commenter provides, to                                  (DOT) Docket Operations Facility, 1200
                                                                                                          New Jersey Avenue SE., W12–140,                       DEPARTMENT OF TRANSPORTATION
                                                  www.regulations.gov, as described in
                                                  the system of records notice (DOT/ALL–                  Washington, DC 20590. The Docket                      Federal Railroad Administration
                                                  14 FDMS), which can be reviewed at                      Operations Facility is open from 9 a.m.
                                                  www.dot.gov/privacy. See also http://                   to 5 p.m., Monday through Friday,                     [Docket Number FRA–2015–0132]
                                                  www.regulations.gov/#!privacyNotice                     except Federal Holidays.
                                                  for the privacy notice of regulations.gov.                 Interested parties are invited to                  Petition for Waiver of Compliance
                                                                                                          participate in these proceedings by                      In accordance with part 211 of Title
                                                    Issued in Washington, DC.
                                                                                                          submitting written views, data, or                    49 Code of Federal Regulations (CFR),
                                                  Robert C. Lauby,                                        comments. FRA does not anticipate
                                                  Associate Administrator for Railroad Safety,                                                                  this document provides the public
                                                                                                          scheduling a public hearing in                        notice that by a document dated
                                                  Chief Safety Officer.                                   connection with these proceedings since
                                                  [FR Doc. 2015–32452 Filed 12–23–15; 8:45 am]                                                                  September 22, 2015, the Northeast
                                                                                                          the facts do not appear to warrant a                  Illinois Regional Commuter Railroad
                                                  BILLING CODE 4910–06–P                                  hearing. If any interested party desires              Corporation (Metra) has petitioned the
                                                                                                          an opportunity for oral comment, they                 Federal Railroad Administration (FRA)
                                                                                                          should notify FRA, in writing, before                 for a waiver of compliance from certain
                                                  DEPARTMENT OF TRANSPORTATION                            the end of the comment period and                     provisions of the Federal railroad safety
                                                                                                          specify the basis for their request.                  regulations contained at 49 CFR part
                                                  Federal Railroad Administration                            All communications concerning these
                                                                                                                                                                238, Passenger Equipment Safety
                                                  [Docket Number FRA–2015–0131]                           proceedings should identify the
                                                                                                                                                                Standards. FRA assigned the petition
                                                                                                          appropriate docket number and may be
                                                  Petition for Waiver of Compliance                                                                             docket number FRA–2015–0132.
                                                                                                          submitted by any of the following
                                                                                                                                                                   Metra seeks a 6-month waiver of
                                                                                                          methods:
                                                    In accordance with part 211 of Title                     • Web site: http://                                compliance from the requirements of 49
                                                  49 Code of Federal Regulations (CFR),                   www.regulations.gov. Follow the online                CFR 238.115(b)(1)–(2) regarding
                                                  this document provides the public                       instructions for submitting comments.                 passenger car emergency lighting (until
                                                  notice that by a document dated                            • Fax: 202–493–2251.                               June 30, 2016). Metra is seeking this
                                                  September 22, 2015, Keolis Commuter                        • Mail: Docket Operations Facility,                temporary relief because 70 percent of
                                                  Services (Keolis), contract operator of                 U.S. Department of Transportation, 1200               its passenger rolling stock fleet of 544
                                                  the Massachusetts Bay Transportation                    New Jersey Avenue SE., W12–140,                       coaches, which were ordered prior to
                                                  Authority’s (MBTX) commuter rail                        Washington, DC 20590.                                 September 8, 2000, and placed into
                                                  system, has petitioned the Federal                         • Hand Delivery: 1200 New Jersey                   service prior to September 9, 2002, will
                                                  Railroad Administration (FRA) for a                     Avenue SE., Room W12–140,                             not meet the emergency lighting
                                                  waiver of compliance from certain                       Washington, DC 20590, between 9 a.m.                  requirement deadline of December 31,
                                                  provisions of the Federal railroad safety               and 5 p.m., Monday through Friday,                    2015. Metra justifies the need for this
                                                  regulations contained at 49 CFR part                    except Federal Holidays.                              deadline extension because of ongoing
                                                  238, Passenger Equipment Safety                            Communications received by                         funding and technical difficulties. The
                                                  Standards. FRA assigned the petition                    February 8, 2016 will be considered by                extra time sought in this petition will
                                                  Docket Number FRA–2015–0131.                            FRA before final action is taken.                     allow Metra to retrofit 70 percent of its
                                                    Keolis seeks a temporary waiver of                    Comments received after that date will                passenger rolling stock fleet to meet the
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                                                  compliance from the requirements of 49                  be considered as far as practicable.                  requirements.
                                                  CFR 238.115(b)(2) regarding passenger                      Anyone is able to search the                          A copy of the petition, as well as any
                                                  car emergency lighting until October 31,                electronic form of any written                        written communications concerning the
                                                  2016. Keolis is seeking this temporary                  communications and comments                           petition, is available for review online at
                                                  relief because 70 percent of its rolling                received into any of our dockets by the               www.regulations.gov and in person at
                                                  stock fleet (233 of 332 coaches                         name of the individual submitting the                 the Department of Transportation’s
                                                  encompassing series: 200, 300, 500, 600,                comment (or signing the document, if                  (DOT) Docket Operations Facility, 1200
                                                  700, 1500, 1600, and 1700), ordered                     submitted on behalf of an association,                New Jersey Avenue SE., W12–140,


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Document Created: 2015-12-24 02:25:40
Document Modified: 2015-12-24 02:25:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 80450 

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