81_FR_9620 81 FR 9583 - Petition for Waiver of Compliance

81 FR 9583 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 37 (February 25, 2016)

Page Range9583-9584
FR Document2016-04046

Federal Register, Volume 81 Issue 37 (Thursday, February 25, 2016)
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9583-9584]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04046]



[[Page 9583]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2005-21613]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated January 21, 2016, the Association of American Railroads 
(AAR) has petitioned the Federal Railroad Administration (FRA) for 
renewal of 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-2005-21613.
    This regulatory relief was initially granted by FRA in a letter 
dated December 2, 2005. This letter, along with subsequent 
modifications and renewals, established a program to perform field 
investigations to determine new limits for the air brake system clean, 
repair, and test requirements applicable to electronic air brake 
systems manufactured by New York Air Brake (NYAB) and Wabtec Railway 
Electronics (Wabtec). At the time, those requirements were contained in 
49 CFR 229.27 and 229.29, which have since been reorganized and updated 
in 229.29 as level 2 and level 3 air brake system maintenance. The 
program required that each air brake system be periodically evaluated 
by a joint committee involving a railroad, the air brake manufacturer, 
labor organizations (both operating and maintenance crafts) and FRA 
representatives. Several joint committees, with extensive participation 
from each of the above mentioned groups, were formed on CSX 
Transportation (CSX), BNSF Railway (BNSF), and Union Pacific Railroad 
(UP). All of the air brake systems that were studied were endorsed by 
consensus of the participating groups for varying extensions to the 
clean, repair, and test intervals given in 49 CFR 229.29. All of the 
committees have concluded their investigations and none are currently 
meeting.
    As provided for in the waiver, relief was also extended to certain 
other AAR member railroads which applied for inclusion and provided a 
statement from the air brake manufacturer attesting to the similarity 
of their air brake systems to the ones tested.
    Based on the similarity of design documented by the air brake 
manufacturers and performance demonstrated by tests and teardowns 
performed on various AAR member railroads, AAR is requesting a unified 
extension of the waiver applicable to all member railroads. AAR also 
requests that this waiver extension include all of the NYAB and Wabtec 
Air Brake systems that were studied by the joint committees. The air 
brake systems, conditions, and restrictions are requested to be as 
given in approval letters to Amtrak (June 19, 2014), CSX (August 14, 
2015), and a joint letter to CSX and UP (October 15, 2015). A summary 
of the requested intervals and brake systems is given in the following 
table:

----------------------------------------------------------------------------------------------------------------
                                            Inspection
                  Model                      interval             Conditions                     Notes
                                              (years)
----------------------------------------------------------------------------------------------------------------
New York Air Brake CCB2, CCB26..........               9  Non-fragmented COT&S......  If equipped with BPCP
                                                                                       manufactured March 2013
                                                                                       or later.
New York Air Brake CCB2, CCB26..........               7  Non-fragmented COT&S......  If not equipped with BPCP
                                                                                       manufactured March 2013
                                                                                       or later.
New York Air Brake CCB2, CCB26..........  ..............  Fragmented COT&S..........
+ 16 Control Portion....................               9  Fragmented COT&S..........
+ Brake Pipe Control Portion............              10  Fragmented COT&S..........  If BPCP manufactured March
                                                                                       2013 or later.
+ Brake Pipe Control Portion............               7  Fragmented COT&S..........  If BPCP not manufactured
                                                                                       March 2013 or later.
+ All other portions....................              10  Fragmented COT&S..........
New York Air Brake CCB1.................             6.5  Non-fragmented COT&S......
New York Air Brake CCB1.................  ..............  Fragmented COT&S..........
+ 20 Portion............................             6.5  Fragmented COT&S..........
+ All other portions....................             8.5  Fragmented COT&S..........
WABTEC Epic 3101 & Epic 3102 w/o D2.....               8
WABTEC FastBrake........................              10
----------------------------------------------------------------------------------------------------------------

    AAR also submitted copies of FRA decision letters documenting the 
intervals above and giving complete conditions as determined by FRA 
based on the consensus reached in the various joint railroad, 
manufacturer, labor and FRA waiver committees. These letters are 
available online at www.regulations.gov under Docket Number FRA-2005-
21613; item numbers -0061, -0073, and -0076.
    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.

[[Page 9584]]

    Communications received by April 11, 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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-04046 Filed 2-24-16; 8:45 am]
BILLING CODE 4910-06-P



                                                                                     Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices                                                              9583

                                                  DEPARTMENT OF TRANSPORTATION                                         requirements applicable to electronic air                         As provided for in the waiver, relief
                                                                                                                       brake systems manufactured by New                              was also extended to certain other AAR
                                                  Federal Railroad Administration                                      York Air Brake (NYAB) and Wabtec                               member railroads which applied for
                                                  [Docket Number FRA–2005–21613]                                       Railway Electronics (Wabtec). At the                           inclusion and provided a statement
                                                                                                                       time, those requirements were                                  from the air brake manufacturer
                                                  Petition for Waiver of Compliance                                    contained in 49 CFR 229.27 and 229.29,                         attesting to the similarity of their air
                                                                                                                       which have since been reorganized and                          brake systems to the ones tested.
                                                    In accordance with part 211 of Title                               updated in 229.29 as level 2 and level
                                                  49 of the Code of Federal Regulations                                3 air brake system maintenance. The                               Based on the similarity of design
                                                  (CFR), this document provides the                                    program required that each air brake                           documented by the air brake
                                                  public notice that by a document dated                               system be periodically evaluated by a                          manufacturers and performance
                                                  January 21, 2016, the Association of                                 joint committee involving a railroad, the                      demonstrated by tests and teardowns
                                                  American Railroads (AAR) has                                         air brake manufacturer, labor                                  performed on various AAR member
                                                  petitioned the Federal Railroad                                      organizations (both operating and                              railroads, AAR is requesting a unified
                                                  Administration (FRA) for renewal of a                                maintenance crafts) and FRA                                    extension of the waiver applicable to all
                                                  waiver of compliance from certain                                    representatives. Several joint                                 member railroads. AAR also requests
                                                  provisions of the Federal railroad safety                            committees, with extensive                                     that this waiver extension include all of
                                                  regulations contained at 49 CFR part                                 participation from each of the above                           the NYAB and Wabtec Air Brake
                                                  229—Railroad Locomotive Safety                                       mentioned groups, were formed on CSX                           systems that were studied by the joint
                                                  Standards. FRA assigned the petition                                 Transportation (CSX), BNSF Railway                             committees. The air brake systems,
                                                  Docket Number FRA–2005–21613.                                        (BNSF), and Union Pacific Railroad                             conditions, and restrictions are
                                                    This regulatory relief was initially                               (UP). All of the air brake systems that                        requested to be as given in approval
                                                  granted by FRA in a letter dated                                     were studied were endorsed by                                  letters to Amtrak (June 19, 2014), CSX
                                                  December 2, 2005. This letter, along                                 consensus of the participating groups                          (August 14, 2015), and a joint letter to
                                                  with subsequent modifications and                                    for varying extensions to the clean,                           CSX and UP (October 15, 2015). A
                                                  renewals, established a program to                                   repair, and test intervals given in 49
                                                                                                                                                                                      summary of the requested intervals and
                                                  perform field investigations to                                      CFR 229.29. All of the committees have
                                                  determine new limits for the air brake                               concluded their investigations and none                        brake systems is given in the following
                                                  system clean, repair, and test                                       are currently meeting.                                         table:

                                                                                                                  Inspection
                                                                          Model                                     interval                                Conditions                                        Notes
                                                                                                                    (years)

                                                  New York Air Brake CCB2, CCB26 ........                                           9     Non-fragmented COT&S .........................      If equipped with BPCP manufactured
                                                                                                                                                                                                 March 2013 or later.
                                                  New York Air Brake CCB2, CCB26 ........                                           7     Non-fragmented COT&S .........................      If not equipped with BPCP manufactured
                                                                                                                                                                                                 March 2013 or later.
                                                  New York Air Brake CCB2, CCB26 ........                      ........................   Fragmented COT&S.
                                                  + 16 Control Portion ................................                              9    Fragmented COT&S.
                                                  + Brake Pipe Control Portion ..................                                  10     Fragmented COT&S ................................   If BPCP manufactured March 2013 or
                                                                                                                                                                                                 later.
                                                  + Brake Pipe Control Portion ..................                                   7     Fragmented COT&S ................................   If BPCP not manufactured March 2013
                                                                                                                                                                                                 or later.
                                                  + All other portions ..................................                          10     Fragmented COT&S.
                                                  New York Air Brake CCB1 ......................                                  6.5     Non-fragmented COT&S.
                                                  New York Air Brake CCB1 ......................               ........................   Fragmented COT&S.
                                                  + 20 Portion .............................................                      6.5     Fragmented COT&S.
                                                  + All other portions ..................................                         8.5     Fragmented COT&S.
                                                  WABTEC Epic 3101 & Epic 3102 w/o D2                                                8
                                                  WABTEC FastBrake ................................                                10



                                                    AAR also submitted copies of FRA                                   New Jersey Avenue SE., W12–140,                                  All communications concerning these
                                                  decision letters documenting the                                     Washington, DC 20590. The Docket                               proceedings should identify the
                                                  intervals above and giving complete                                  Operations Facility is open from 9 a.m.                        appropriate docket number and may be
                                                  conditions as determined by FRA based                                to 5 p.m., Monday through Friday,                              submitted by any of the following
                                                  on the consensus reached in the various                              except Federal Holidays.                                       methods:
                                                  joint railroad, manufacturer, labor and                                                                                               • Web site: http://
                                                                                                                         Interested parties are invited to
                                                  FRA waiver committees. These letters                                                                                                www.regulations.gov. Follow the online
                                                                                                                       participate in these proceedings by                            instructions for submitting comments.
                                                  are available online at                                              submitting written views, data, or
                                                  www.regulations.gov under Docket                                                                                                      • Fax: 202–493–2251.
                                                                                                                       comments. FRA does not anticipate                                • Mail: Docket Operations Facility,
                                                  Number FRA–2005–21613; item                                          scheduling a public hearing in
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                                                                                                                                                                                      U.S. Department of Transportation, 1200
                                                  numbers –0061, –0073, and –0076.                                     connection with these proceedings since                        New Jersey Avenue SE., W12–140,
                                                    A copy of the petition, as well as any                             the facts do not appear to warrant a                           Washington, DC 20590.
                                                  written communications concerning the                                hearing. If any interested party desires                         • Hand Delivery: 1200 New Jersey
                                                  petition, is available for review online at                          an opportunity for oral comment, they                          Avenue SE., Room W12–140,
                                                  www.regulations.gov and in person at                                 should notify FRA, in writing, before                          Washington, DC 20590, between 9 a.m.
                                                  the Department of Transportation’s                                   the end of the comment period and                              and 5 p.m., Monday through Friday,
                                                  (DOT) Docket Operations Facility, 1200                               specify the basis for their request.                           except Federal Holidays.


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                                                  9584                        Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

                                                    Communications received by April                      ADDRESSES:    Because paper mail in the                  Title: Disclosure of Financial and
                                                  11, 2016 will be considered by FRA                      Washington, DC area and at the OCC is                 Other Information by National Banks
                                                  before final action is taken. Comments                  subject to delay, commenters are                      (12 CFR 18).
                                                  received after that date will be                        encouraged to submit comments by                         OMB Control No.: 1557–0182.
                                                  considered as far as practicable.                       email, if possible. Comments may be                      Type of Review: Extension, without
                                                    Anyone is able to search the                          sent to: Legislative and Regulatory                   revision, of a currently approved
                                                  electronic form of any written                          Activities Division, Office of the                    collection.
                                                  communications and comments                             Comptroller of the Currency, Attention:                  Description: The collections of
                                                  received into any of our dockets by the                 1557–0182, 400 7th Street SW., Suite                  information are found in 12 CFR 18.3,
                                                  name of the individual submitting the                   3E–218, Mail Stop 9W–11, Washington,                  18.4, and 18.8. Section 18.3 requires the
                                                  comment (or signing the document, if                    DC 20219. In addition, comments may                   preparation of an annual disclosure
                                                  submitted on behalf of an association,                  be sent by fax to (571) 465–4326 or by                statement and specifies when a national
                                                  business, labor union, etc.). In                        electronic mail to prainfo@occ.treas.gov.             bank must make the statement available
                                                  accordance with 5 U.S.C. 553(c), DOT                    You may personally inspect and                        to shareholders. Section 18.4 outlines
                                                  solicits comments from the public to                    photocopy comments at the OCC, 400                    what information the disclosure
                                                  better inform its processes. DOT posts                  7th Street SW., Washington, DC 20219.                 statement must contain, and provides
                                                  these comments, without edit, including                 For security reasons, the OCC requires                that a national bank may, at its option,
                                                  any personal information the                            that visitors make an appointment to                  supplement its annual disclosure
                                                  commenter provides, to                                  inspect comments. You may do so by                    statement with a narrative discussion.
                                                  www.regulations.gov, as described in                    calling (202) 649–6700 or, for persons                Lastly, § 18.8 requires that a national
                                                  the system of records notice (DOT/ALL–                  who are deaf or hard of hearing, TTY,                 bank promptly mail or otherwise
                                                  14 FDMS), which can be reviewed at                      (202) 649–5597. Upon arrival, visitors                furnish its annual disclosure statement
                                                  www.dot.gov/privacy. See also http://                   will be required to present valid                     upon request.
                                                  www.regulations.gov/#!privacyNotice                     government-issued photo identification                   This program of periodic financial
                                                  for the privacy notice of regulations.gov.              and submit to security screening in                   disclosure is needed not only to
                                                  Robert C. Lauby,                                        order to inspect and photocopy                        facilitate informed decision making by
                                                                                                          comments.                                             existing and potential customers and
                                                  Associate Administrator for Railroad Safety,
                                                  Chief Safety Officer.
                                                                                                                                                                investors, but also to improve public
                                                                                                             All comments received, including
                                                                                                                                                                understanding of, and confidence in, the
                                                  [FR Doc. 2016–04046 Filed 2–24–16; 8:45 am]             attachments and other supporting
                                                                                                                                                                financial condition of individual
                                                  BILLING CODE 4910–06–P                                  materials, are part of the public record
                                                                                                                                                                national banks and the national banking
                                                                                                          and subject to public disclosure. Do not
                                                                                                                                                                system. Further, financial disclosure
                                                                                                          include any information in your
                                                                                                                                                                reduces the likelihood that the market
                                                  DEPARTMENT OF THE TREASURY                              comment or supporting materials that
                                                                                                                                                                will overreact to incomplete
                                                                                                          you consider confidential or
                                                  Office of the Comptroller of the                                                                              information.
                                                                                                          inappropriate for public disclosure.                     Affected Public: Businesses or other
                                                  Currency
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      for-profit.
                                                  Agency Information Collection                           Shaquita Merritt, OCC Clearance                          Burden Estimates:
                                                  Activities: Information Collection                      Officer, (202) 649–5490 or, for persons                  Estimated Number of Respondents:
                                                  Renewal; Comment Request;                               who are deaf or hard of hearing, TTY,                 1,100.
                                                  Disclosure of Financial and Other                       (202) 649–5597, Legislative and                          Estimated Total Annual Burden: 555
                                                  Information by National Banks                           Regulatory Activities Division, Office of             hours.
                                                                                                          the Comptroller of the Currency, 400 7th                 Frequency of Response: On occasion.
                                                  AGENCY: Office of the Comptroller of the                Street SW., Suite 3E–218, Mail Stop                      Comments: Comments submitted in
                                                  Currency (OCC), Treasury.                               9W–11, Washington, DC 20219.                          response to this notice will be
                                                  ACTION: Notice and request for comment.                                                                       summarized and included in the request
                                                                                                          SUPPLEMENTARY INFORMATION:     Under the              for OMB approval. All comments will
                                                  SUMMARY:   The OCC, as part of its                      PRA (44 U.S.C. 3501–3520), Federal                    become a matter of public record.
                                                  continuing effort to reduce paperwork                   agencies must obtain approval from the                Comments are invited on:
                                                  and respondent burden, invites the                      OMB for each collection of information                   (a) Whether the collection of
                                                  general public and other Federal                        they conduct or sponsor. ‘‘Collection of              information is necessary for the proper
                                                  agencies to take this opportunity to                    information’’ is defined in 44 U.S.C.                 performance of the functions of the
                                                  comment on a continuing information                     3502(3) and 5 CFR 1320.3(c) to include                OCC, including whether the information
                                                  collection, as required by the Paperwork                agency requests or requirements that                  has practical utility;
                                                  Reduction Act of 1995 (PRA).                            members of the public submit reports,                    (b) The accuracy of the OCC’s
                                                    In accordance with the requirements                   keep records, or provide information to               estimate of the information collection
                                                  of the PRA, the OCC may not conduct                     a third party. Section 3506(c)(2)(A) of               burden;
                                                  or sponsor, and the respondent is not                   the PRA (44 U.S.C. 3506(c)(2)(A))                        (c) Ways to enhance the quality,
                                                  required to respond to, an information                  requires Federal agencies to provide a                utility, and clarity of the information to
                                                  collection unless it displays a currently               60-day notice in the Federal Register                 be collected;
                                                  valid Office of Management and Budget                   concerning each proposed collection of                   (d) Ways to minimize the burden of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  (OMB) control number.                                   information, including each proposed                  the collection on respondents, including
                                                    The OCC is soliciting comment                         extension of an existing collection of                through the use of automated collection
                                                  concerning renewal of its information                   information, before submitting the                    techniques or other forms of information
                                                  collection titled, ‘‘Disclosure of                      collection to OMB for approval. To                    technology; and
                                                  Financial and Other Information by                      comply with this requirement, the OCC                    (e) Estimates of capital or start-up
                                                  National Banks.’’                                       is publishing notice of the proposed                  costs and costs of operation,
                                                  DATES: Comments must be submitted on                    collection of information set forth in                maintenance, and purchase of services
                                                  or before April 25, 2016.                               this document.                                        to provide information.


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Document Created: 2018-02-02 14:35:41
Document Modified: 2018-02-02 14:35:41
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 9583 

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