82_FR_17394 82 FR 17327 - Petition for Waiver of Compliance

82 FR 17327 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 67 (April 10, 2017)

Page Range17327-17328
FR Document2017-07015

Federal Register, Volume 82 Issue 67 (Monday, April 10, 2017)
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17327-17328]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07015]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0126]


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 December 19, 2016, the Capital Metropolitan Transportation 
Authority (CMTA) has petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations for the purchase of four new railcars from 
Stadler Bussnang AG. Specifically, CMTA is requesting relief from 49 
CFR part 229, Railroad Locomotive Safety Standards (229.47, 229.71, 
229.135(b)(4)(xviii) and (xix)); 49 CFR part 231, Railroad Safety 
Appliance Standards (231.14(a)(2), (b)-(d), (f), (g)); and 49 CFR part 
238, Passenger Equipment Safety Standards (238.305, 238.229, 
238.230(d), and 238.309(b)). FRA assigned the petition Docket Number 
FRA-2016-0028.
    The Capital Metro commuter rail system consists of a single rail 
line, known as the Red Line, running from downtown Austin, TX, to 
Austin's northern suburbs, a distance of 32 miles. The Red Line service 
began in March 2010. The current operation serves nine stations with a 
fleet of six diesel multiple unit (DMU) rail vehicles designated as 
model G1 GTWs, manufactured by Stadler Bussnag AG. Due to steadily 
increasing ridership and a desire to enhance service, Capital Metro 
will be adding four additional DMUs, manufactured by Stadler and 
designated model G4 GTW.
    The Stadler G4 GTW DMUs are based on the G2 GTW DMUs, which are 
currently operating at the Denton County Transportation Authority in 
Denton, TX. The new vehicles are designed and built to current European 
design and regulatory standards, which differ in several areas from 
current U.S. design standards and regulations. Capital Metro believes 
that the design characteristics of the Stadler G4 GTW vehicles provide 
an equivalent or higher level of safety and security to the passengers 
and crew.
    Capital Metro has organized its regulatory compliance efforts into 
two distinct but related parts: Part 1 represents the ``base'' 
compliance assessment effort (this petition) and Part 2 represents a 
separate petition to utilize Alternative Vehicle Technology 
crashworthiness technology as outlined in ``Technical Criteria and 
Procedures for Evaluating the Crashworthiness and Occupant Protection 
Performance of Alternatively-Designed Passenger Rail Equipment for Use 
in Tier I Service'' and the recent notice of proposed rulemaking (NPRM) 
on Passenger Equipment Safety Standards; Standards for Alternative 
Compliance and High-Speed Trainsets NPRM (81 FR 88006, December 6, 
2016).
    Noting that certain provisions in 49 CFR part 231 pertaining to 
safety appliances are statutorily required, and therefore not subject 
to FRA's waiver authority, CMTA also requested that FRA exercise its 
authority under 49 U.S.C. 20306 to exempt CMTA from certain provisions 
of Chapter 203, Title 49 of the United States Code because the G4 GTW 
DMU vehicles will be equipped with their own array of safety devices 
resulting in equivalent safety.
    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 parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.

[[Page 17328]]

    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 25, 2017 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 https://www.transportation.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. 2017-07015 Filed 4-7-17; 8:45 am]
 BILLING CODE 4910-06-P



                                                                                   Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices                                             17327

                                                       The existing automatic train control                 association, business, labor union, etc.).              The Stadler G4 GTW DMUs are based
                                                    and Advanced Civil Speed Enforcement                    Under 5 U.S.C. 553(c), DOT solicits                   on the G2 GTW DMUs, which are
                                                    System (ACSES) designs will be                          comments from the public to better                    currently operating at the Denton
                                                    modified to support the modifications to                inform its processes. DOT posts these                 County Transportation Authority in
                                                    the block design with the addition of the               comments, without edit, including any                 Denton, TX. The new vehicles are
                                                    new Liberty interlocking. ACSES will                    personal information the commenter                    designed and built to current European
                                                    enforce a positive stop at each                         provides, to www.regulations.gov, as                  design and regulatory standards, which
                                                    interlocking and a stop to a train with                 described in the system of records                    differ in several areas from current U.S.
                                                    failed cab signal equipment unless the                  notice (DOT/ALL–14 FDMS), which can                   design standards and regulations.
                                                    ‘‘C’’ signal is displayed allowing the                  be reviewed at https://                               Capital Metro believes that the design
                                                    failed train to enter the block.                        www.transportation.gov/privacy. See                   characteristics of the Stadler G4 GTW
                                                       The reason for removal of the signals                also https://www.regulations.gov/                     vehicles provide an equivalent or higher
                                                    is to eliminate maintenance and                         privacyNotice for the privacy notice of               level of safety and security to the
                                                    operation of unnecessary hardware no                    regulations.gov.                                      passengers and crew.
                                                    longer needed, and to reduce delays to                                                                          Capital Metro has organized its
                                                                                                              Issued in Washington, DC.
                                                    trains caused by failures of the signals.                                                                     regulatory compliance efforts into two
                                                                                                            Robert C. Lauby,                                      distinct but related parts: Part 1
                                                       A copy of the petition, as well as any
                                                    written communications concerning the                   Associate Administrator for Railroad Safety,          represents the ‘‘base’’ compliance
                                                                                                            Chief Safety Officer.                                 assessment effort (this petition) and Part
                                                    petition, is available for review online at
                                                    www.regulations.gov and in person at                    [FR Doc. 2017–07018 Filed 4–7–17; 8:45 am]            2 represents a separate petition to utilize
                                                    the U.S. Department of Transportation’s                 BILLING CODE 4910–06–P                                Alternative Vehicle Technology
                                                    (DOT) Docket Operations Facility, 1200                                                                        crashworthiness technology as outlined
                                                    New Jersey Avenue SE., W12–140,                                                                               in ‘‘Technical Criteria and Procedures
                                                    Washington, DC 20590. The Docket                        DEPARTMENT OF TRANSPORTATION                          for Evaluating the Crashworthiness and
                                                    Operations Facility is open from 9 a.m.                                                                       Occupant Protection Performance of
                                                                                                            Federal Railroad Administration                       Alternatively-Designed Passenger Rail
                                                    to 5 p.m., Monday through Friday,
                                                    except Federal Holidays.                                [Docket Number FRA–2016–0126]                         Equipment for Use in Tier I Service’’
                                                       Interested parties are invited to                                                                          and the recent notice of proposed
                                                    participate in these proceedings by                     Petition for Waiver of Compliance                     rulemaking (NPRM) on Passenger
                                                    submitting written views, data, or                                                                            Equipment Safety Standards; Standards
                                                                                                               In accordance with part 211 of Title               for Alternative Compliance and High-
                                                    comments. FRA does not anticipate                       49 Code of Federal Regulations (CFR),
                                                    scheduling a public hearing in                                                                                Speed Trainsets NPRM (81 FR 88006,
                                                                                                            this document provides the public                     December 6, 2016).
                                                    connection with these proceedings since                 notice that by a document dated
                                                    the facts do not appear to warrant a                                                                            Noting that certain provisions in 49
                                                                                                            December 19, 2016, the Capital                        CFR part 231 pertaining to safety
                                                    hearing. If any interested parties desire               Metropolitan Transportation Authority
                                                    an opportunity for oral comment and a                                                                         appliances are statutorily required, and
                                                                                                            (CMTA) has petitioned the Federal                     therefore not subject to FRA’s waiver
                                                    public hearing, they should notify FRA,                 Railroad Administration (FRA) for a
                                                    in writing, before the end of the                                                                             authority, CMTA also requested that
                                                                                                            waiver of compliance from certain                     FRA exercise its authority under 49
                                                    comment period and specify the basis                    provisions of the Federal railroad safety
                                                    for their request.                                                                                            U.S.C. 20306 to exempt CMTA from
                                                                                                            regulations for the purchase of four new              certain provisions of Chapter 203, Title
                                                       All communications concerning these
                                                                                                            railcars from Stadler Bussnang AG.                    49 of the United States Code because the
                                                    proceedings should identify the
                                                                                                            Specifically, CMTA is requesting relief               G4 GTW DMU vehicles will be
                                                    appropriate docket number and may be
                                                                                                            from 49 CFR part 229, Railroad                        equipped with their own array of safety
                                                    submitted by any of the following
                                                                                                            Locomotive Safety Standards (229.47,                  devices resulting in equivalent safety.
                                                    methods:
                                                       • Web site: http://                                  229.71, 229.135(b)(4)(xviii) and (xix));                A copy of the petition, as well as any
                                                    www.regulations.gov. Follow the online                  49 CFR part 231, Railroad Safety                      written communications concerning the
                                                    instructions for submitting comments.                   Appliance Standards (231.14(a)(2), (b)–               petition, is available for review online at
                                                       • Fax: 202–493–2251.                                 (d), (f), (g)); and 49 CFR part 238,                  www.regulations.gov and in person at
                                                       • Mail: Docket Operations Facility,                  Passenger Equipment Safety Standards                  the U.S. Department of Transportation’s
                                                    U.S. Department of Transportation, 1200                 (238.305, 238.229, 238.230(d), and                    (DOT) Docket Operations Facility, 1200
                                                    New Jersey Avenue SE., W12–140,                         238.309(b)). FRA assigned the petition                New Jersey Avenue SE., W12–140,
                                                    Washington, DC 20590.                                   Docket Number FRA–2016–0028.                          Washington, DC 20590. The Docket
                                                       • Hand Delivery: 1200 New Jersey                        The Capital Metro commuter rail                    Operations Facility is open from 9 a.m.
                                                    Avenue SE., Room W12–140,                               system consists of a single rail line,                to 5 p.m., Monday through Friday,
                                                    Washington, DC 20590, between 9 a.m.                    known as the Red Line, running from                   except Federal Holidays.
                                                    and 5 p.m., Monday through Friday,                      downtown Austin, TX, to Austin’s                        Interested parties are invited to
                                                    except Federal Holidays.                                northern suburbs, a distance of 32 miles.             participate in these proceedings by
                                                       Communications received by May 25,                   The Red Line service began in March                   submitting written views, data, or
                                                    2017 will be considered by FRA before                   2010. The current operation serves nine               comments. FRA does not anticipate
                                                    final action is taken. Comments received                stations with a fleet of six diesel                   scheduling a public hearing in
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    after that date will be considered if                   multiple unit (DMU) rail vehicles                     connection with these proceedings since
                                                    practicable.                                            designated as model G1 GTWs,                          the facts do not appear to warrant a
                                                       Anyone can search the electronic                     manufactured by Stadler Bussnag AG.                   hearing. If any interested parties desire
                                                    form of any written communications                      Due to steadily increasing ridership and              an opportunity for oral comment and a
                                                    and comments received into any of our                   a desire to enhance service, Capital                  public hearing, they should notify FRA,
                                                    dockets by the name of the individual                   Metro will be adding four additional                  in writing, before the end of the
                                                    submitting the comment (or signing the                  DMUs, manufactured by Stadler and                     comment period and specify the basis
                                                    document, if submitted on behalf of an                  designated model G4 GTW.                              for their request.


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                                                    17328                          Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices

                                                       All communications concerning these                  of a signal system. FRA assigned the                  scheduling a public hearing in
                                                    proceedings should identify the                         petition Docket Number FRA–2015–                      connection with these proceedings since
                                                    appropriate docket number and may be                    0004.                                                 the facts do not appear to warrant a
                                                    submitted by any of the following                         Applicant: CSX Transportation, Inc.,                hearing. If any interested parties desire
                                                    methods:                                                Mr. Jody Cox, Chief Engineer                          an opportunity for oral comment and a
                                                       • Web site: http://                                  Communications & Signals, 500 Water                   public hearing, they should notify FRA,
                                                    www.regulations.gov. Follow the online                  Street, Speed Code J–350, Jacksonville,               in writing, before the end of the
                                                    instructions for submitting comments.                   FL 32202.                                             comment period and specify the basis
                                                       • Fax: 202–493–2251.                                   On August 10, 2015, FRA granted                     for their request.
                                                       • Mail: Docket Operations Facility,                  conditional approval to CSX’s block                      All communications concerning these
                                                    U.S. Department of Transportation, 1200                 signal application under Docket Number                proceedings should identify the
                                                    New Jersey Avenue SE., W12–140,                         FRA–2015–0004, which sought                           appropriate docket number and may be
                                                    Washington, DC 20590.                                   approval of the proposed                              submitted by any of the following
                                                       • Hand Delivery: 1200 New Jersey                     discontinuance of an automatic block                  methods:
                                                    Avenue SE., Room W12–140,                               signal (ABS) system between control                      • Web site: http://
                                                    Washington, DC 20590, between 9 a.m.                    point (CP) Mitchell, milepost (MP) OOQ                www.regulations.gov. Follow the online
                                                    and 5 p.m., Monday through Friday,                      256.0 and CP NE Vernia, MP OOQ                        instructions for submitting comments.
                                                    except Federal Holidays.                                314.6, on the Hoosier Subdivision,                       • Fax: 202–493–2251.
                                                       Communications received by May 25,                   Louisville Division, at Mitchell, IN. The                • Mail: Docket Operations Facility,
                                                    2017 will be considered by FRA before                   conditions of approval were:                          U.S. Department of Transportation, 1200
                                                    final action is taken. Comments received                  1. CSX may retire the signal system in              New Jersey Avenue SE., W12–140,
                                                    after that date will be considered as far               place for a time period not to exceed 2               Washington, DC 20590.
                                                    as practicable.                                         years from August 10, 2015.                              • Hand Delivery: 1200 New Jersey
                                                       Anyone is able to search the                           2. Traffic levels are to be tracked to              Avenue SE., Room W12–140,
                                                    electronic form of any written                          identify any change.                                  Washington, DC 20590, between 9 a.m.
                                                    communications and comments                               3. Distant approach signals to CP                   and 5 p.m., Monday through Friday,
                                                    received into any of our dockets by the                 Mitchell and NE Vernia are to be                      except Federal Holidays.
                                                    name of the individual submitting the                   installed.                                               Communications received by May 25,
                                                                                                              4. CSX must notify FRA’s regional                   2017 will be considered by FRA before
                                                    comment (or signing the document, if
                                                                                                            office when the signal system is retired              final action is taken. Comments received
                                                    submitted on behalf of an association,
                                                                                                            in place.                                             after that date will be considered if
                                                    business, labor union, etc.). In
                                                                                                              5. CSX may request permanent
                                                    accordance with 5 U.S.C. 553(c), DOT                                                                          practicable.
                                                                                                            discontinuance of the signal system 6
                                                    solicits comments from the public to                                                                             Anyone can search the electronic
                                                                                                            months prior to the expiration of the 2-
                                                    better inform its processes. DOT posts                                                                        form of any written communications
                                                                                                            year period.
                                                    these comments, without edit, including                   In the February 10, 2017, letter CSX                and comments received into any of our
                                                    any personal information the                            requests permanent discontinuance of                  dockets by the name of the individual
                                                    commenter provides, to                                  the signal system as defined in                       submitting the comment (or signing the
                                                    www.regulations.gov, as described in                    Condition 5 of FRA’s August 10, 2015,                 document, if submitted on behalf of an
                                                    the system of records notice (DOT/ALL–                  conditional approval. CSX will comply                 association, business, labor union, etc.).
                                                    14 FDMS), which can be reviewed at                      with Conditions 3 and 4 upon approval                 Under 5 U.S.C. 553(c), DOT solicits
                                                    https://www.transportation.gov/privacy.                 of a permanent discontinuance.                        comments from the public to better
                                                    See also https://www.regulations.gov/                     The reason for the proposed                         inform its processes. DOT posts these
                                                    privacyNotice for the privacy notice of                 discontinuance is that ABS is no longer               comments, without edit, including any
                                                    regulations.gov.                                        needed due to traffic level reductions.               personal information the commenter
                                                                                                            The subdivision is being used for                     provides, to www.regulations.gov, as
                                                    Robert C. Lauby,
                                                                                                            storage only. The Hoosier Subdivision                 described in the system of records
                                                    Associate Administrator for Railroad Safety,                                                                  notice (DOT/ALL–14 FDMS), which can
                                                    Chief Safety Officer.                                   has been out of service since the Surface
                                                                                                            Transportation Board approved the                     be reviewed at https://
                                                    [FR Doc. 2017–07015 Filed 4–7–17; 8:45 am]
                                                                                                            discontinuance of service, in April                   www.transportation.gov/privacy. See
                                                    BILLING CODE 4910–06–P                                                                                        also https://www.regulations.gov/
                                                                                                            2010. There has been no traffic in 2015
                                                                                                            or 2016 over this segment. The ABS will               privacyNotice for the privacy notice of
                                                                                                            be discontinued and replaced with track               regulations.gov.
                                                    DEPARTMENT OF TRANSPORTATION
                                                                                                            warrant control D–505 rules.                          Robert C. Lauby,
                                                    Federal Railroad Administration                           A copy of the petition, as well as any              Associate Administrator for Railroad Safety
                                                                                                            written communications concerning the                 Chief Safety Officer.
                                                    [Docket Number FRA–2015–0004]
                                                                                                            petition, is available for review online at           [FR Doc. 2017–07012 Filed 4–7–17; 8:45 am]
                                                    Notice of Application for Approval of                   www.regulations.gov and in person at                  BILLING CODE 4910–06–P
                                                    Discontinuance or Modification of a                     the U.S. Department of Transportation’s
                                                    Railroad Signal System                                  (DOT) Docket Operations Facility, 1200
                                                                                                            New Jersey Avenue SE., W12–140,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  DEPARTMENT OF TRANSPORTATION
                                                      Under part 235 of Title 49 of the Code                Washington, DC 20590. The Docket
                                                    of Federal Regulations (CFR) and 49                     Operations Facility is open from 9 a.m.               Federal Railroad Administration
                                                    U.S.C. 20502(a), this document provides                 to 5 p.m., Monday through Friday,
                                                    the public notice that on February 10,                                                                        [Docket Number FRA–2017–0007]
                                                                                                            except Federal Holidays.
                                                    2017, CSX Transportation, Inc. (CSX)                      Interested parties are invited to                   Petition for Waiver of Compliance
                                                    petitioned the Federal Railroad                         participate in these proceedings by
                                                    Administration (FRA) seeking approval                   submitting written views, data, or                      In accordance with part 211 of Title
                                                    for the discontinuance or modification                  comments. FRA does not anticipate                     49 Code of Federal Regulations (CFR),


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Document Created: 2017-04-08 03:31:27
Document Modified: 2017-04-08 03:31:27
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 Citation82 FR 17327 

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