82 FR 43654 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 179 (September 18, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 179 (September 18, 2017)
| Page Range | 43654-43654 | |
| FR Document | 2017-19687 |
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)] [Notices] [Page 43654] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19687] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2017-0087] Petition for Waiver of Compliance Under part 211 of Title 49 Code of Federal Regulations (CFR), this provides the public notice that on August 10, 2017, the Fort Worth Transportation Authority (FWTA) on behalf of TexRail Commuter Railroad (TEXR) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations for the purchase of eight new trainsets from Stadler Bussnang AG (Stadler). Specifically, TEXR is requesting relief from 49 CFR part 229, Railroad Locomotive Safety Standards (Sec. 229.47); 49 CFR part 231, Railroad Safety Appliance Standards (Sec. Sec. 231.14(a)(2), (b)-(d), (f), (g)); and 49 CFR part 238, Passenger Equipment Safety Standards (Sec. 238.305). FRA assigned the petition docket number FRA-2017-0087. The TexRail commuter rail system consists of a single rail line, running from Fort Worth, Texas, to the Dallas-Fort Worth International Airport (DFW), a distance of 27-miles, with 9 stations. Service is scheduled to begin in December 2018. TexRail will purchase eight new FLIRT Diesel Multiple Unit (DMU) trainsets manufactured by Stadler in Salt Lake City, Utah. The delivery of vehicles is expected to begin in October 2017 and end in May 2018. TexRail asserts that the FLIRT trainset is a service-proven design built to European design standards. It was first delivered to European customers in 2004. There are approximately 1,100 FLIRT trainsets in operation worldwide. TexRail vehicles will be the first FLIRT models in the United States. 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. TexRail believes that the design characteristics of the Stadler FLIRT vehicles provide an equivalent or higher level of safety and security to the passengers and crew. TexRail 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 (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, TEXR also requested that FRA exercise its authority under 49 U.S.C. 20306 to exempt TEXR from certain provisions of Chapter 203, Title 49 of the United States Code because the FLIRT 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 new 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. 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 2, 2017 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can 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. 2017-19687 Filed 9-15-17; 8:45 am] BILLING CODE 4910-06-P
![43654 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
the goals and objectives of 49 U.S.C. service-proven design built to European comment period and specify the basis
31136(e) and 31315. design standards. It was first delivered for their request.
to European customers in 2004. There All communications concerning these
V. Preemption
are approximately 1,100 FLIRT trainsets proceedings should identify the
During the period the exemption is in in operation worldwide. TexRail appropriate docket number and may be
effect, no State shall enforce any law or vehicles will be the first FLIRT models submitted by any of the following
regulation that conflicts with this in the United States. The new vehicles methods:
exemption with respect to a person are designed and built to current • Web site: http://
operating under the exemption. European design and regulatory www.regulations.gov. Follow the online
VI. Conclusion standards, which differ in several areas instructions for submitting comments.
from current U.S. design standards and • Fax: 202–493–2251.
Based upon its evaluation of the three regulations. TexRail believes that the • Mail: Docket Operations Facility,
exemption applications, FMCSA renews U.S. Department of Transportation, 1200
design characteristics of the Stadler
the exemptions of the aforementioned
FLIRT vehicles provide an equivalent or New Jersey Avenue SE., W12–140,
drivers from the Epilepsy and Seizure
higher level of safety and security to the Washington, DC 20590.
Disorders requirement in 49 CFR 391.41
passengers and crew. • Hand Delivery: 1200 New Jersey
(b)(8). In accordance with 49 U.S.C.
TexRail has organized its regulatory Avenue SE., Room W12–140,
31136(e) and 31315, each exemption
compliance efforts into two distinct but Washington, DC 20590, between 9 a.m.
will be valid for two years unless
related parts: Part 1 represents the and 5 p.m., Monday through Friday,
revoked earlier by FMCSA.
‘‘base’’ compliance assessment effort except Federal Holidays.
Issued on: September 8, 2017. (this petition) and Part 2 represents a Communications received by
Larry W. Minor, separate petition to utilize Alternative November 2, 2017 will be considered by
Associate Administrator for Policy. Vehicle Technology crashworthiness FRA before final action is taken.
[FR Doc. 2017–19762 Filed 9–15–17; 8:45 am] technology as outlined in ‘‘Technical Comments received after that date will
BILLING CODE 4910–EX–P Criteria and Procedures for Evaluating be considered if practicable.
the Crashworthiness and Occupant Anyone can search the electronic
Protection Performance of Alternatively- form of any written communications
DEPARTMENT OF TRANSPORTATION Designed Passenger Rail Equipment for and comments received into any of our
Use in Tier I Service’’ and the recent dockets by the name of the individual
Federal Railroad Administration notice of proposed rulemaking (NPRM) submitting the comment (or signing the
[Docket Number FRA–2017–0087] on Passenger Equipment Safety document, if submitted on behalf of an
Standards; Standards for Alternative association, business, labor union, etc.).
Petition for Waiver of Compliance Compliance and High-Speed Trainsets In accordance with 5 U.S.C. 553(c), DOT
Under part 211 of Title 49 Code of (81 FR 88006, December 6, 2016). solicits comments from the public to
Federal Regulations (CFR), this provides Noting that certain provisions in 49 CFR better inform its processes. DOT posts
the public notice that on August 10, part 231 pertaining to safety appliances these comments, without edit, including
2017, the Fort Worth Transportation are statutorily required, and therefore any personal information the
Authority (FWTA) on behalf of TexRail not subject to FRA’s waiver authority, commenter provides, to
Commuter Railroad (TEXR) petitioned TEXR also requested that FRA exercise www.regulations.gov, as described in
the Federal Railroad Administration its authority under 49 U.S.C. 20306 to the system of records notice (DOT/ALL–
(FRA) for a waiver of compliance from exempt TEXR from certain provisions of 14 FDMS), which can be reviewed at
certain provisions of the Federal Chapter 203, Title 49 of the United https://www.transportation.gov/privacy.
railroad safety regulations for the States Code because the FLIRT DMU See also https://www.regulations.gov/
purchase of eight new trainsets from vehicles will be equipped with their privacyNotice for the privacy notice of
Stadler Bussnang AG (Stadler). own array of safety devices resulting in regulations.gov.
Specifically, TEXR is requesting relief equivalent safety. Robert C. Lauby,
from 49 CFR part 229, Railroad A copy of the petition, as well as any
Associate Administrator for Railroad Safety,
Locomotive Safety Standards (§ 229.47); written communications concerning the Chief Safety Officer.
49 CFR part 231, Railroad Safety petition, is available for review online at
[FR Doc. 2017–19687 Filed 9–15–17; 8:45 am]
Appliance Standards (§§ 231.14(a)(2), www.regulations.gov and in person at
BILLING CODE 4910–06–P
(b)–(d), (f), (g)); and 49 CFR part 238, the U.S. Department of Transportation’s
Passenger Equipment Safety Standards (DOT) Docket Operations Facility, 1200
(§ 238.305). FRA assigned the petition New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION
docket number FRA–2017–0087. Washington, DC 20590. The Docket
The TexRail commuter rail system Operations Facility is open from 9 a.m. Federal Railroad Administration
consists of a single rail line, running to 5 p.m., Monday through Friday,
except Federal Holidays. [Docket Number FRA–2013–0095]
from Fort Worth, Texas, to the Dallas-
Fort Worth International Airport (DFW), Interested parties are invited to Notice of Application for Approval To
a distance of 27-miles, with 9 stations. participate in these proceedings by Discontinue or Modify a Railroad
Service is scheduled to begin in submitting written views, data, or Signal System
December 2018. comments. FRA does not anticipate
sradovich on DSKBBY8HB2PROD with NOTICES
TexRail will purchase eight new scheduling a public hearing in Under part 235 of Title 49 of the Code
FLIRT Diesel Multiple Unit (DMU) connection with these proceedings since of Federal Regulations (CFR) and 49
trainsets manufactured by Stadler in the facts do not appear to warrant a new U.S.C. 20502(a), this provides the public
Salt Lake City, Utah. The delivery of hearing. If any interested parties desire notice that on July 27, 2017, the
vehicles is expected to begin in October an opportunity for oral comment and a Grenada Railroad, LLC (GRYR)
2017 and end in May 2018. TexRail public hearing, they should notify FRA, petitioned the Federal Railroad
asserts that the FLIRT trainset is a in writing, before the end of the Administration (FRA) seeking extension
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Document Created: 2017-09-16 00:51:23
Document Modified: 2017-09-16 00:51:23
| 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 | 82 FR 43654 |
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