81 FR 15146 - Petition for Waiver of Compliance and Statutory Exemption

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 54 (March 21, 2016)

[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Notices]
[Pages 15146-15147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06213]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0018]


Petition for Waiver of Compliance and Statutory Exemption

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
received February 5, 2016, the Association of American Railroads (AAR), 
on behalf of itself and its member railroads, 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; End-of-Train Devices. FRA assigned 
the petition Docket Number FRA-2016-0018.
    In its petition, AAR seeks a waiver of compliance from 49 CFR 
232.213--Extended haul trains, 49 CFR 232.15--Movement of defective 
equipment, and 49 CFR 232.103(f)--General requirements for all train 
brake systems. The current rules state that extended haul trains are 
permitted to move a train up to, but not exceeding, 1,500 miles between 
brake tests and inspections [49 CFR 232.213(a)]. In addition, current 
rules require that equipment with defective or insecure power brakes 
only be moved from the place at which the defect or insecurity was 
first discovered to the nearest available place at which the repairs 
can be made (49 CFR 232.15 and 49 U.S.C. 20303), and each car in a 
train must have the air brakes in effective operating conditions unless 
the car is being moved for repairs in accordance with 49 CFR 232.15 [49 
CFR 232.103(f)]. AAR presently petitions FRA for a 5-year waiver from 
these requirements to permit a limited pilot program conducted on a 
segment of the Union Pacific Railroad (UP) system to demonstrate that 
the use of wheel temperature detectors (WTD) to determine brake 
effectiveness will improve safety and eliminate unnecessary costs to 
the industry. AAR previously submitted a waiver petition in this matter 
on July 19, 2013. That waiver petition was denied by FRA in a letter 
dated June 20, 2014 (see Docket Number FRA-2013-0080). AAR has revised 
that waiver petition and accompanying Safety Assurance Plan (SAP) in 
accordance with further technical considerations and an evaluation of 
the similar exemption currently in effect in Canada.
    Through a limited pilot effort, AAR intends to demonstrate the 
effectiveness of using wayside WTD data to ensure safe braking 
performance. The focus of this pilot will be revenue service unit coal 
trains running on the UP system between Wyoming's Powder River Basin 
and an unloading facility in White Bluff, AR, a round trip of 
approximately 2,600 miles. The WTD that monitors the system is located 
at Sheep Creek, WY. Under current UP operating practices, the coal 
trains running in this service are classified as extended haul trains 
and operate intact up to 1,500 miles between brake tests required under 
49 CFR part 232. The waiver requested would extend the distance between 
required tests up to an additional potential 1,100 miles, bypassing 
approximately one visual inspection. Each test train will receive a 
Class 1 brake test in accordance with 49 CFR 232.205 and a predeparture 
inspection in accordance with 49 CFR 215.13 at North Platte, NE. The 
trains will then leave North Platte and travel to a coal loading 
facility in the Powder River Basin. The train cars will be loaded with 
coal and then return to North Platte, passing the WTD monitors at Sheep 
Creek for recording of braking performance, continuing through North 
Platte through Van Buren, AR, and then to an unloading facility in 
White Bluff. The train cars will be unloaded in White Bluff, and then 
the train will return to the terminus at North Platte via Van Buren.
    In its petition, AAR states preliminary tests conducted with the 
WTD system indicate that the system identifies cars with ineffective 
brakes at a significantly higher rate (about four times more) than 
Intermediate Brake Tests. This is because the WTD system detects cars 
with ineffective brakes, even though they might still meet the criteria 
of a Class 1 or Intermediate Brake Test. Identification of such cars by 
the WTD system will result in those cars being repaired earlier, with 
the eventual result that a greater percentage of cars in any train 
would have effective brakes. AAR expects this will result in improved 
train safety.
    Finally, AAR also requests an exemption from the statutory 
requirements at 49 U.S.C. 20303, which mandate that a rail vehicle with 
defective or insecure equipment may be moved to make repairs only to 
the nearest available place at which the repairs can be made. In 
requesting this exemption, AAR invokes the process at 49 U.S.C. 20306, 
which states that the U.S. Secretary of Transportation may provide such 
an exemption when existing requirements preclude the development or 
implementation of more efficient railroad transportation equipment or 
other transportation innovations under existing law. As delineated in 
the SAP, the WTD system is a superior method to manage brake health as 
compared with the current process found in the Federal brake system 
safety standards. AAR requests a hearing during which evidence can be 
developed per 49 U.S.C. 20306 for a statutory exemption to 49 U.S.C. 
20303.
    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 will in the future 
schedule a public hearing in connection with these proceedings as 
requested by AAR pursuant to 49 U.S.C. 20306. 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 May 5, 2016 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.

[[Page 15147]]

    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/#!privacy. Notice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-06213 Filed 3-18-16; 8:45 am]
 BILLING CODE 4910-06-P