82 FR 46883 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 193 (October 6, 2017)

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46883-46884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21514]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0085]


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 August 22, 2017, Siemens Mobility Division Rolling Stock 
(Siemens) has petitioned the Federal Railroad Administration (FRA) for 
a waiver of compliance from the requirements of 49 CFR 238.103 (Fire 
safety). FRA assigned the petition docket number FRA-2017-0085.
    Section 238.103 of Title 49 of the CFR requires materials used in 
the construction of passenger cars to meet the test methods and 
performance criteria for the flammability and smoke emission 
characteristics of Appendix B to part 238. Appendix B requires all 
thermal and acoustic insulation material used in the construction of 
passenger rail vehicles to be tested in accordance with American 
Society for Testing and Materials (ASTM) E 162.98 with a radiant panel 
index of Is <= 25, and ASTM E 662-01 with a specific optical density Ds 
(4.0) <= 100.
    In constructing twenty passenger coaches for use in phase 1 of the 
Brightline/All Aboard Florida (AAF) passenger service between Miami and 
West Palm Beach, Siemens used a ``K-Flex Eco'' material that has been 
tested with the results of Is = 202 and Ds (4.0) = 131. Siemens is 
requesting a waiver from Appendix B as applied to these two 
requirements, asserting that the ``fire risk . . . is negligible and an 
equivalent level of safety is maintained'' considering the end use 
configuration of the material and the small amount of the material 
used'' Siemens further indicates it intends the waiver to provide 
sufficient information to demonstrate an equivalent level of safety in 
order to prevent the replacement of the K-Flex Eco insulation material 
in the 20 coaches. Siemens also notes that granting the requested 
relief would have a considerable positive impact on the project 
schedule and associated costs.
    In support of its petition, Siemens attached two documents: (1) AAF 
Coach SFT Water Pipe Insulation Discussion V5 (A 13-page presentation 
showing pipe insulation material, its usage on AAF coaches, for drain 
and fresh water pipes, as well as locations of the usage); and (2) a 
53-page document titled, ``Fire Safety Analysis; Use of K-Flex Eco 
Insulation in All Aboard Florida Coaches.'' (SII-ENA-215 Rev. B). This 
document provided the analysis supporting Siemens' safety equivalency 
claim.
    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

[[Page 46884]]

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 6, 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. 2017-21514 Filed 10-5-17; 8:45 am]
 BILLING CODE 4910-06-P