80 FR 80453 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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

[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Page 80453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32451]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0081]


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 13, 2015, the Association of American Railroads (AAR) 
has petitioned the Federal Railroad Administration (FRA) for a Special 
Approval of certain industry standards in accordance with the Federal 
railroad safety regulations contained at 49 CFR 231.33, Procedure for 
special approval of existing industry safety appliance standards, and 
49 CFR 231.35, Procedure for modification of an approved industry 
safety appliance standard for new railcar construction. FRA assigned 
the petition Docket Number FRA-2013-0081.
    AAR, on behalf of itself and its member railroads, submitted a 
petition for Special Approval of existing industry safety appliance 
standards contained in 49 CFR part 231, Railroad Safety Appliance 
Standards, and minor edits to AAR Standard S-2044 appendices that have 
been previously approved by FRA. AAR is requesting approval of the 
standards and specifications delineated in AAR Standard S-2044, 
Appendices D1, Safety Appliances for Flatcars with Full Decks; F3, 
Safety Appliances for Cars with Recessed Car Body Ends; and H1, Safety 
Appliances for Enclosed Vehicle-Carrying Cars and Vehicle-Carrying 
Superstructures Applied to Flatcars. AAR Standard S-2044 and its 
appendices have been developed to serve as requirements for safety 
appliance arrangements. The revised standard and its appendices are to 
be applied to new railroad freight cars if approved by FRA.
    AAR Standard S-2044 was established by the AAR Safety Appliance 
Task Force (Task Force), which was created by AAR's Equipment 
Engineering Committee (EEC) to develop industry standards for safety 
appliance arrangements on modern railcar types not explicitly covered 
by 49 CFR part 231. The Task Force consists of representatives from 
Class I railroads, labor unions, car builders, private car owners, and 
shippers, along with ergonomics experts and government representatives 
from FRA and Transport Canada, who participate as nonvoting members. 
The Task Force drafted a base safety appliance standard for all car 
types, plus industry safety appliance standards for specific car types. 
These industry standards have been adopted by AAR's Engineering 
Equipment Committee and, with FRA's approval, will serve as the core 
criteria for safety appliance arrangements on railcars that are more 
specialized in design. With its petition, AAR included a deviation 
table for Appendix D1 that shows where the AAR standard differs from 
the regulatory text in 49 CFR part 231 and provides the rationale for 
any deviations, along with analysis showing that the AAR Standard S-
2044 provides an equal or greater level of safety in each instance. In 
addition, the table describes the ergonomic suitability of many of the 
proposed arrangements in normal use, as the standards were developed by 
the Task Force to incorporate ergonomic design principles.
    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 
(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, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by February 8, 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. 2015-32451 Filed 12-23-15; 8:45 am]
 BILLING CODE 4910-06-P