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 Railroad Administration
Federal Register Volume 81, Issue 54 (March 21, 2016)
| Page Range | 15146-15147 | |
| FR Document | 2016-06213 |
[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] ----------------------------------------------------------------------- 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
![15146 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices
http://www.regulations.gov/ in this matter on July 19, 2013. That mandate that a rail vehicle with
#!privacyNotice for the privacy notice of waiver petition was denied by FRA in defective or insecure equipment may be
regulations.gov. a letter dated June 20, 2014 (see Docket moved to make repairs only to the
Number FRA–2013–0080). AAR has nearest available place at which the
Robert C. Lauby,
revised that waiver petition and repairs can be made. In requesting this
Associate Administrator for Railroad Safety, accompanying Safety Assurance Plan exemption, AAR invokes the process at
Chief Safety Officer.
(SAP) in accordance with further 49 U.S.C. 20306, which states that the
[FR Doc. 2016–06214 Filed 3–18–16; 8:45 am] technical considerations and an U.S. Secretary of Transportation may
BILLING CODE 4910–06–P evaluation of the similar exemption provide such an exemption when
currently in effect in Canada. existing requirements preclude the
Through a limited pilot effort, AAR development or implementation of more
DEPARTMENT OF TRANSPORTATION intends to demonstrate the effectiveness efficient railroad transportation
of using wayside WTD data to ensure equipment or other transportation
Federal Railroad Administration
safe braking performance. The focus of innovations under existing law. As
[Docket Number FRA–2016–0018] this pilot will be revenue service unit delineated in the SAP, the WTD system
coal trains running on the UP system is a superior method to manage brake
Petition for Waiver of Compliance and between Wyoming’s Powder River Basin health as compared with the current
Statutory Exemption and an unloading facility in White Bluff, process found in the Federal brake
AR, a round trip of approximately 2,600 system safety standards. AAR requests a
In accordance with part 211 of Title
miles. The WTD that monitors the hearing during which evidence can be
49 Code of Federal Regulations (CFR),
system is located at Sheep Creek, WY. developed per 49 U.S.C. 20306 for a
this document provides the public
Under current UP operating practices, statutory exemption to 49 U.S.C. 20303.
notice that by a document received
the coal trains running in this service A copy of the petition, as well as any
February 5, 2016, the Association of
are classified as extended haul trains written communications concerning the
American Railroads (AAR), on behalf of
and operate intact up to 1,500 miles petition, is available for review online at
itself and its member railroads, has
between brake tests required under 49 www.regulations.gov and in person at
petitioned the Federal Railroad
CFR part 232. The waiver requested the U.S. Department of Transportation’s
Administration (FRA) for a waiver of
would extend the distance between (DOT) Docket Operations Facility, 1200
compliance from certain provisions of required tests up to an additional
the Federal railroad safety regulations New Jersey Avenue SE., W12–140,
potential 1,100 miles, bypassing Washington, DC 20590. The Docket
contained at 49 CFR part 232—Brake approximately one visual inspection.
System Safety Standards for Freight and Operations Facility is open from 9 a.m.
Each test train will receive a Class 1 to 5 p.m., Monday through Friday,
Other Non-Passenger Trains and brake test in accordance with 49 CFR
Equipment; End-of-Train Devices. FRA except Federal Holidays.
232.205 and a predeparture inspection
assigned the petition Docket Number Interested parties are invited to
in accordance with 49 CFR 215.13 at
FRA–2016–0018. participate in these proceedings by
North Platte, NE. The trains will then
In its petition, AAR seeks a waiver of submitting written views, data, or
leave North Platte and travel to a coal
compliance from 49 CFR 232.213— comments. FRA will in the future
loading facility in the Powder River
Extended haul trains, 49 CFR 232.15— schedule a public hearing in connection
Basin. The train cars will be loaded with
Movement of defective equipment, and with these proceedings as requested by
coal and then return to North Platte,
49 CFR 232.103(f)—General AAR pursuant to 49 U.S.C. 20306. If any
passing the WTD monitors at Sheep
requirements for all train brake systems. interested party desires an opportunity
Creek for recording of braking
The current rules state that extended for oral comment, they should notify
performance, continuing through North
haul trains are permitted to move a train Platte through Van Buren, AR, and then FRA, in writing, before the end of the
up to, but not exceeding, 1,500 miles to an unloading facility in White Bluff. comment period and specify the basis
between brake tests and inspections [49 The train cars will be unloaded in White for their request.
CFR 232.213(a)]. In addition, current Bluff, and then the train will return to All communications concerning these
rules require that equipment with the terminus at North Platte via Van proceedings should identify the
defective or insecure power brakes only Buren. appropriate docket number and may be
be moved from the place at which the In its petition, AAR states preliminary submitted by any of the following
defect or insecurity was first discovered tests conducted with the WTD system methods:
to the nearest available place at which indicate that the system identifies cars • Web site: http://
the repairs can be made (49 CFR 232.15 with ineffective brakes at a significantly www.regulations.gov. Follow the online
and 49 U.S.C. 20303), and each car in higher rate (about four times more) than instructions for submitting comments.
a train must have the air brakes in Intermediate Brake Tests. This is • Fax: 202–493–2251.
effective operating conditions unless the because the WTD system detects cars • Mail: Docket Operations Facility,
car is being moved for repairs in with ineffective brakes, even though U.S. Department of Transportation, 1200
accordance with 49 CFR 232.15 [49 CFR they might still meet the criteria of a New Jersey Avenue SE., W12–140,
232.103(f)]. AAR presently petitions Class 1 or Intermediate Brake Test. Washington, DC 20590.
FRA for a 5-year waiver from these Identification of such cars by the WTD • Hand Delivery: 1200 New Jersey
requirements to permit a limited pilot system will result in those cars being Avenue SE., Room W12–140,
mstockstill on DSK4VPTVN1PROD with NOTICES
program conducted on a segment of the repaired earlier, with the eventual result Washington, DC 20590, between 9 a.m.
Union Pacific Railroad (UP) system to that a greater percentage of cars in any and 5 p.m., Monday through Friday,
demonstrate that the use of wheel train would have effective brakes. AAR except Federal Holidays.
temperature detectors (WTD) to expects this will result in improved Communications received by May 5,
determine brake effectiveness will train safety. 2016 will be considered by FRA before
improve safety and eliminate Finally, AAR also requests an final action is taken. Comments received
unnecessary costs to the industry. AAR exemption from the statutory after that date will be considered as far
previously submitted a waiver petition requirements at 49 U.S.C. 20303, which as practicable.
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![Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices 15147
Anyone is able to search the Avenue SE., West Building Ground Type of Request: New information
electronic form of any written Floor, Room W12–140, Washington, DC collection requirement.
communications and comments 20590. OMB Clearance Number: None.
received into any of our dockets by the Hand Delivery: West Building Ground Form Numbers: NHTSA 1343 and
name of the individual submitting the Floor, Room W12–140, 1200 New Jersey NHTSA 1344.
comment (or signing the document, if Avenue SE., Washington, DC, between 9 Requested Expiration Date of
submitted on behalf of an association, a.m. and 5 p.m., Monday through Approval: 3 years from date of approval.
business, labor union, etc.). In Friday, except Federal holidays. Summary of the Collection of
accordance with 5 U.S.C. 553(c), DOT Fax: 1–202–493–2251. Information: The National Highway
solicits comments from the public to Instructions: Each submission must Traffic Safety Administration (NHTSA)
better inform its processes. DOT posts include the Agency name and the proposes to collect user feedback on the
these comments, without edit, including Docket number for this Notice. Note that Countermeasures That Work and
any personal information the all comments received will be posted Countermeasures At Work guides. These
commenter provides, to without change to http://
guides were developed for the State
www.regulations.gov, as described in www.regulations.gov including any
Highway Safety Offices (SHSOs) to
the system of records notice (DOT/ALL– personal information provided.
assist them in developing programs for
14 FDMS), which can be reviewed at FOR FURTHER INFORMATION CONTACT: Dr. implementing safety countermeasures in
www.dot.gov/privacy. See also http:// Kristie Johnson, Office of Behavioral nine program area of alcohol-impaired
www.regulations.gov/#!privacy. Notice Safety Research (NPD–310), National and drugged driving, seat belt use and
for the privacy notice of regulations.gov. Highway Traffic Safety Administration, child restraints, aggressive driving and
1200 New Jersey Avenue SE., W46–498, speeding, distracted and drowsy
Robert C. Lauby, Washington, DC 20590. Dr. Johnson’s driving, motorcycle safety, young
Associate Administrator for Railroad Safety, phone number is 202–366–2755 and her
Chief Safety Officer. drivers, older drivers, pedestrians, and
email address is kristie.johnson@ bicyclists. The Countermeasures That
[FR Doc. 2016–06213 Filed 3–18–16; 8:45 am] dot.gov. Work guide covers each of these
BILLING CODE 4910–06–P
SUPPLEMENTARY INFORMATION: Under the program areas in separate chapters that
Paperwork Reduction Act of 1995, include a short background section
before an agency submits a proposed relaying current data trends, which is
DEPARTMENT OF TRANSPORTATION collection of information to OMB for followed by a description of applicable
National Highway Traffic Safety approval, it must publish a document in countermeasures, and an explanation
Administration the Federal Register providing a 60-day their effectiveness, use, costs, and time
comment period and otherwise consult to implement. The Countermeasures At
[U.S. DOT Docket No. NHTSA–2016–0034] with members of the public and affected Work guide will elaborate on some of
agencies concerning each proposed the countermeasures contained in the
Reports, Forms, and Record Keeping collection of information. The OMB has Countermeasures That Work guide by
Requirements promulgated regulations describing providing real world examples and
AGENCY: National Highway Traffic what must be included in such a details on localities where specific
Safety Administration (NHTSA), DOT. document. Under OMB’s regulations (at countermeasures were put into place.
ACTION: Request for public comment on
5 CFR 1320.8(d)), an agency must ask The countermeasure descriptions may
proposed collection of information. for public comment on the following: include details about locality size,
(i) Whether the proposed collection of implementation issues, cost,
SUMMARY: Before a Federal agency can information is necessary for the proper stakeholders to involve, challenges,
collect certain information from the performance of the functions of the evaluation, and outcomes. To collect
public, it must receive approval from agency, including whether the this information for the new guide
the Office of Management and Budget information will have practical utility; NHTSA proposes to collect information
(OMB). Under procedures established (ii) The accuracy of the agency’s
from representatives from the SHSOs
by the Paperwork Reduction Act of estimate of the burden of the proposed
and/or local jurisdictions, in addition to
1995, before seeking OMB approval, collection of information, including the
representative from Governors Highway
Federal agencies must solicit public validity of the methodology and
Safety Association (GHSA), State
comment on proposed collections of assumptions used;
(iii) How to enhance the quality, Coordinators, and other relevant
information, including extensions and stakeholders. The survey will ask the
reinstatements of previously approved utility, and clarity of the information to
be collected; and representatives about the following
collections. information:
(iv) How to minimize the burden of
This document describes the
the collection of information on those • Their background, including job
collection of information for which roles and responsibilities, which
who are to respond, including the use
NHTSA intends to seek OMB approval. provide context for document use,
of appropriate automated, electronic,
DATES: Comments must be received on mechanical, or other technological • What are their key information
or before May 20, 2016. collection techniques or other forms of needs for the document, including
ADDRESSES: You may submit comments information technology, e.g., permitting obtaining details of specific use-case
identified by DOT Docket ID Number electronic submission of responses. examples such as locality size,
mstockstill on DSK4VPTVN1PROD with NOTICES
NHTSA–2016–0034 using any of the In compliance with these implementation issues, cost,
following methods: requirements, NHTSA asks public stakeholders to involve, challenges,
Electronic submissions: Go to http:// comment on the following proposed evaluation, and outcomes,
www.regulations.gov. Follow the on-line collection of information: • Opinions on document structure,
instructions for submitting comments. Title: Countermeasures That Work format, and content, which includes
Mail: Docket Management Facility, (9th and 10th Editions) and using a consistent question format for
M–30, U.S. Department of Countermeasures At Work (1st and 2nd different information items/sections in
Transportation, 1200 New Jersey Editions). the document,
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Document Created: 2016-03-19 01:00:41
Document Modified: 2016-03-19 01:00:41
| 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 | 81 FR 15146 |
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