82 FR 55918 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 225 (November 24, 2017)

[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55918-55919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25364]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0119]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on November 3, 2017, TEX Rail 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 236. FRA assigned the petition 
Docket Number FRA-2017-0119.
    Specifically, TEX Rail seeks temporary relief from the requirements 
of 49 CFR 236.0(c)(2) which requires a compliant block signal system at 
locations where passenger trains will operate at a speed of 60 or more 
miles per hour, unless an FRA-approved PTC system is installed. TEX 
Rail faces schedule constraints which preclude the complete 
installation of this system prior to the receipt of its fleet of new 
Stadler FLIRT Diesel Multiple Units, (DMUs), which will be used to 
provide commuter rail service over this railroad. TEX Rail's CTC and I-
ETMS systems will not be in service by February 2018, when TEX Rail 
contractually must begin pre-revenue service acceptance testing of its 
new DMU fleet.
    Therefore, TEX Rail requests a waiver to perform pre-revenue 
service testing of its new fleet of FLIRT DMUs at a speed of 60 to 70 
miles per hour (MAS) utilizing a 24.5-mile segment of track described 
in Appendix ``A'' to this petition. TEX Rail requests permission to 
perform testing under this waiver until the CTC and I-ETMS systems are 
functioning in compliance with FRA regulations.
    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.
    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.

[[Page 55919]]

     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 January 8, 2018 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.). 
Under 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.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-25364 Filed 11-22-17; 8:45 am]
BILLING CODE 4910-06-P