81_FR_68292 81 FR 68101 - Petition for Waiver of Compliance

81 FR 68101 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range68101-68101
FR Document2016-23794

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016) 
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Page 68101]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23794]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0086]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this provides the public notice that by a document dated August 
19, 2016, BNSF Railway Company (BNSF) 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, and 49 CFR part 
232, Brake System Safety Standards for freight and other non-passenger 
trains and equipment; end-of-train devices. Specifically, BNSF seeks a 
test waiver to investigate whether the 92-day interval for calibration 
of the air flow method (AFM) indicator required by 49 CFR 229.29(b) and 
232.205(c)(1)(iii) can be safely extended to 184 days on locomotives 
equipped with New York Air Brake (NYAB) CCB-II air brake systems. This 
petition has been assigned Docket Number FRA-2016-0086.
    In the petition for waiver, BNSF states that it has been collecting 
data for 3 years in support of an extended interval of 184 days for 
calibration of the AFM indicator on CCB-II air brake systems, and it 
has obtained support for this extension from NYAB. Summaries and 
analysis of this data and a statement from NYAB are included as 
appendices. To validate this assertion, BNSF proposes to designate a 
test group of 200 locomotives running on the Southern Transcon route 
between Kansas City (Argentine), KS, and Barstow, CA. These locomotives 
would be evaluated by a test waiver team at initial AFM indicator 
calibration, after 92 days, and for locomotives qualified to continue 
the test, at 184 days. To help ensure the validity of this testing, 
BNSF has already updated the AFM indicator calibration training of its 
mechanical forces and has completed a software upgrade on 93 percent of 
CCB-II equipped locomotives to eliminate a previous problem with loss 
of AFM calibration data due to dead batteries in the locomotive 
computer's CPU.
    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, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by November 17, 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 https://www.regulations.gov/privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-23794 Filed 9-30-16; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices 68101 Technical Oversight, FRA, 200 W. flow method (AFM) indicator required • Mail: Docket Operations Facility, Adams Street, Suite 310, Chicago, by 49 CFR 229.29(b) and U.S. Department of Transportation, 1200 Illinois 60606, (312) 353–6203, 232.205(c)(1)(iii) can be safely extended New Jersey Avenue SE., W12–140, Larry.Strouse@dot.gov. to 184 days on locomotives equipped Washington, DC 20590. SUPPLEMENTARY INFORMATION: FRA with New York Air Brake (NYAB) CCB– • Hand Delivery: 1200 New Jersey issued this Directive under 49 CFR II air brake systems. This petition has Avenue SE., Room W12–140, 180.509(b)(4) to all owners of DOT been assigned Docket Number FRA– Washington, DC 20590, between 9 a.m. specification 111 general purpose tank 2016–0086. and 5 p.m., Monday through Friday, cars based on its finding that as a result In the petition for waiver, BNSF states except Federal Holidays. of non-conforming welding practices, that it has been collecting data for 3 Communications received by DOT–111 tank cars built by American years in support of an extended interval November 17, 2016 will be considered Railcar Industries, Inc. (ARI) or ACF of 184 days for calibration of the AFM by FRA before final action is taken. Industries, LLC (ACF) between 2009 and indicator on CCB–II air brake systems, Comments received after that date will 2015 to the ARI or ACF 300 stub sill and it has obtained support for this be considered as far as practicable. design and equipped with a two-piece extension from NYAB. Summaries and Anyone is able to search the cast sump and bottom outlet valve skid analysis of this data and a statement electronic form of any written may be in an unsafe operating condition from NYAB are included as appendices. communications and comments and could result in the release of To validate this assertion, BNSF received into any of our dockets by the hazardous materials. As a result of the proposes to designate a test group of 200 name of the individual submitting the identified non-conforming welding locomotives running on the Southern comment (or signing the document, if practices, these cars may have Transcon route between Kansas City submitted on behalf of an association, substantial weld defects at the sump (Argentine), KS, and Barstow, CA. These business, labor union, etc.). In and BOV skid groove attachment welds, locomotives would be evaluated by a accordance with 5 U.S.C. 553(c), DOT potentially affecting each tank’s ability test waiver team at initial AFM solicits comments from the public to to retain its contents during indicator calibration, after 92 days, and better inform its processes. DOT posts transportation. FRA issued the Directive for locomotives qualified to continue these comments, without edit, including to ensure public safety, ensure the test, at 184 days. To help ensure the any personal information the compliance with the applicable Federal validity of this testing, BNSF has commenter provides, to regulations governing the safe already updated the AFM indicator www.regulations.gov, as described in movement of hazardous materials by calibration training of its mechanical the system of records notice (DOT/ALL– rail, and ensure the railworthiness of the forces and has completed a software 14 FDMS), which can be reviewed at tank cars. The full text of the Directive upgrade on 93 percent of CCB–II www.dot.gov/privacy. See also https:// is available on FRA’s Web site at equipped locomotives to eliminate a www.regulations.gov/privacyNotice for www.fra.gov by searching for RWD No. previous problem with loss of AFM the privacy notice of regulations.gov. 2016–01. calibration data due to dead batteries in Robert C. Lauby, the locomotive computer’s CPU. Associate Administrator for Railroad Safety, Issued in Washington, DC, on September 27, 2016. A copy of the petition, as well as any Chief Safety Officer. Robert C. Lauby, written communications concerning the [FR Doc. 2016–23794 Filed 9–30–16; 8:45 am] petition, is available for review online at Associate Administrator for Railroad Safety BILLING CODE 4910–06–P Chief Safety Officer. www.regulations.gov and in person at the U.S. Department of Transportation’s [FR Doc. 2016–23770 Filed 9–30–16; 8:45 am] (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–06–P New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Federal Railroad Administration Operations Facility is open from 9 a.m. DEPARTMENT OF TRANSPORTATION [Docket Number FRA–2011–0107] to 5 p.m., Monday through Friday, Federal Railroad Administration except Federal Holidays. Petition for Waiver of Compliance Interested parties are invited to [Docket Number FRA–2016–0086] participate in these proceedings by In accordance with part 211 of Title submitting written views, data, or 49 Code of Federal Regulations (CFR), Petition for Waiver of Compliance comments. FRA does not anticipate this document provides the public In accordance with part 211 of Title scheduling a public hearing in notice that by a document dated July 18, 49 Code of Federal Regulations (CFR), connection with these proceedings since 2016, CSX Transportation (CSX) this provides the public notice that by the facts do not appear to warrant a requested that the Federal Railroad a document dated August 19, 2016, hearing. If any interested party desires Administration’s (FRA) Railroad Safety BNSF Railway Company (BNSF) has an opportunity for oral comment, they Board (Board) issue an expansion of the petitioned the Federal Railroad should notify FRA, in writing, before territory allowed for its nonstop Administration (FRA) for a waiver of the end of the comment period and continuous rail testing process. CSX’s compliance from certain provisions of specify the basis for their request. existing waiver in this docket exempts the Federal railroad safety regulations All communications concerning these it from the requirements of 49 CFR contained at 49 CFR part 229, Railroad proceedings should identify the 213.113(a) so that it could implement a sradovich on DSK3GMQ082PROD with NOTICES Locomotive Safety Standards, and 49 appropriate docket number and may be pilot test process for nonstop CFR part 232, Brake System Safety submitted by any of the following continuous rail testing. The projected Standards for freight and other non- methods: starting date for implementing the passenger trains and equipment; end-of- • Web site: http:// process on the additional territories train devices. Specifically, BNSF seeks www.regulations.gov. Follow the online would be August 14, 2016, and the a test waiver to investigate whether the instructions for submitting comments. waiver process would continue up to 92-day interval for calibration of the air • Fax: 202–493–2251. December 31, 2017. The original VerDate Sep<11>2014 17:56 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1


Document Created: 2018-02-13 14:11:38
Document Modified: 2018-02-13 14:11:38
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 Citation81 FR 68101 
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