82 FR 46883 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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

Page Range		46883-46884
FR Document		2017-21514

Federal Register, Volume 82 Issue 193 (Friday, 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

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46883

requirements were tailored to the types diminish the purpose of the Buy used in the construction of passenger
of products that are typically used in America requirement. Moreover, in rail vehicles to be tested in accordance
highway construction, which generally today’s economic environment, the Buy with American Society for Testing and
meet the requirement that steel and iron America requirement is especially Materials (ASTM) E 162.98 with a
materials be manufactured domestically. significant in that it will ensure that radiant panel index of Is ≤ 25, and
In today’s global industry, vehicles are Federal-aid funds are used to support ASTM E 662–01 with a specific optical
assembled with iron and steel and create domestic jobs. This approach density Ds (4.0) ≤ 100.
components that are manufactured all is similar to the conditional waivers In constructing twenty passenger
over the world. The FHWA is not aware previously given for various vehicle coaches for use in phase 1 of the
of any domestically produced vehicle projects. Thus, so long as the final Brightline/All Aboard Florida (AAF)
on the market that meets FHWA’s Buy assembly of the 29 vehicles occurs in passenger service between Miami and
America requirement to have all its iron the United States, applicants to this West Palm Beach, Siemens used a ‘‘K-
and steel be manufactured exclusively waiver request may proceed to purchase Flex Eco’’ material that has been tested
in the United States. For example, the these vehicles consistent with the Buy with the results of Is = 202 and Ds (4.0)
Chevrolet Volt, which was identified by America requirement. = 131. Siemens is requesting a waiver
many commenters in a November 21, In accordance with the provisions of from Appendix B as applied to these
2011, Federal Register Notice (76 FR section 117 of the ‘‘Safe, Accountable, two requirements, asserting that the
72027) as a car that is made in the Flexible, Efficient Transportation Equity ‘‘fire risk . . . is negligible and an
United States, is comprised of only 45 Act: A Legacy for Users, Technical equivalent level of safety is maintained’’
percent of United States and Canadian Corrections Act of 2008’’ (Pub. L. 110– considering the end use configuration of
content according to the National 244), FHWA is providing this notice of the material and the small amount of the
Highway Traffic Safety Administration’s its finding that a non-availability waiver material used’’ Siemens further
Part 583 American Automobile Labeling of Buy America requirements is indicates it intends the waiver to
Act Report Web page at http:// appropriate on the condition that the provide sufficient information to
www.nhtsa.gov/Laws+&+Regulations/ vehicles identified in the notice are demonstrate an equivalent level of
Part+583+American+Automobile assembled domestically. The FHWA safety in order to prevent the
+Labeling+Act+(AALA)+Reports. invites public comment on this finding replacement of the K-Flex Eco
Moreover, there is no indication of how for an additional 15 days following the insulation material in the 20 coaches.
much of this 45 percent content is effective date of the finding. Comments Siemens also notes that granting the
domestically manufactured (from initial may be submitted to FHWA’s Web site requested relief would have a
melting and mixing) iron and steel via the link provided to the waiver page considerable positive impact on the
content. noted above. project schedule and associated costs.
Consistent with the Consolidated Authority: 23 U.S.C. 313; Pub. L. 110–161, In support of its petition, Siemens
Appropriations Act of 2017 (Pub. L. 23 CFR 635.410 attached two documents: (1) AAF Coach
115–31), FHWA published two notices Issued on: October 2, 2017. SFT Water Pipe Insulation Discussion
seeking comments whether a waiver is V5 (A 13-page presentation showing
Brandye L. Hendrickson,
appropriate on its Web site, https:// pipe insulation material, its usage on
Acting Administrator, Federal Highway
www.fhwa.dot.gov/construction/ AAF coaches, for drain and fresh water
Administration.
contracts/cmaq170321.cfm and https:// pipes, as well as locations of the usage);
[FR Doc. 2017–21567 Filed 10–5–17; 8:45 am]
www.fhwa.dot.gov/construction/ and (2) a 53-page document titled, ‘‘Fire
BILLING CODE 4910–22–P
contracts/cmaq170725.cfm. The FHWA Safety Analysis; Use of K-Flex Eco
received no comments in response to Insulation in All Aboard Florida
the publication. Based on FHWA’s Coaches.’’ (SII–ENA–215 Rev. B). This
DEPARTMENT OF TRANSPORTATION
conclusion that there are no domestic document provided the analysis
manufacturers that can produce the Federal Railroad Administration supporting Siemens’ safety equivalency
vehicles identified in this notice in such claim.
a way that all their steel and iron [Docket Number FRA–2017–0085] A copy of the petition, as well as any
materials are manufactured written communications concerning the
Petition for Waiver of Compliance
domestically, FHWA finds that a waiver petition, is available for review online at
of FHWA’s Buy America requirements In accordance with part 211 of Title www.regulations.gov and in person at
is appropriate under the non-availability 49 Code of Federal Regulations (CFR), the U.S. Department of Transportation’s
criteria (23 U.S.C. 313(b)(2) and 23 CFR this document provides the public (DOT) Docket Operations Facility, 1200
635.410(c)(2)(ii)). However, FHWA notice that by a document dated August New Jersey Avenue SE., W12–140,
believes that it is consistent with the 22, 2017, Siemens Mobility Division Washington, DC 20590. The Docket
Buy America requirements to impose Rolling Stock (Siemens) has petitioned Operations Facility is open from 9 a.m.
the condition that the vehicles and the the Federal Railroad Administration to 5 p.m., Monday through Friday,
vehicle components be assembled in the (FRA) for a waiver of compliance from except Federal Holidays.
United States. Requiring final assembly the requirements of 49 CFR 238.103 Interested parties are invited to
to be performed in the United States is (Fire safety). FRA assigned the petition participate in these proceedings by
asabaliauskas on DSKBBXCHB2PROD with NOTICES

consistent with past guidance to FHWA docket number FRA–2017–0085. submitting written views, data, or
Division Offices on manufactured Section 238.103 of Title 49 of the CFR comments. FRA does not anticipate
products (see Memorandum on Buy requires materials used in the scheduling a public hearing in
America Policy Response, Dec. 22, 1997, construction of passenger cars to meet connection with these proceedings since
http://www.fhwa.dot.gov/ the test methods and performance the facts do not appear to warrant a
programadmin/contracts/122297.cfm). criteria for the flammability and smoke hearing. If any interested parties desire
A waiver of the Buy America emission characteristics of Appendix B an opportunity for oral comment and a
requirement without any regard to to part 238. Appendix B requires all public hearing, they should notify FRA,
where the vehicle is assembled would thermal and acoustic insulation material in writing, before the end of the

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Document Created: 2017-10-06 00:09:28
Document Modified: 2017-10-06 00:09:28

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 46883

82 FR 46883 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration