83_FR_28876 83 FR 28757 - Petition for Waiver of Compliance

83 FR 28757 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range28757-28757
FR Document2018-13219

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Page 28757]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13219]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0021]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by a document dated February 
16, 2018, TexRail (TEXR) has 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 
238, Passenger Equipment Safety Standards. FRA assigned the petition 
Docket Number FRA-2018-0021.
    TEXR has ordered eight FLIRT Series Diesel Multiple Units (DMU) 
trainsets manufactured by Stadler Bussnang AG with an option to 
purchase additional trainsets. The DMUs are designed to fulfill the 
requirements set forth by 49 CFR 238.201, Scope/alternative compliance. 
TEXR requests a waiver ``based on compliance with the FRA-issued 
guideline `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 
proposed Appendix G to 49 CFR part 238.'' Currently, these vehicles are 
being delivered and tested at the TEXR maintenance facility. 
Specifically, TEXR seeks relief from certain requirements for end-frame 
compression and other procedures as presented in their petition.
    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 Ave. 
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 party 
desires 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:
     Website: 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 July 20, 2018 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as 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. 2018-13219 Filed 6-19-18; 8:45 am]
BILLING CODE 4910-06-P



                                                                             Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices                                                  28757

                                                Administration, 800 Independence                        seeks relief from certain requirements                 privacyNotice for the privacy notice of
                                                Avenue SW, Washington, DC 20591.                        for end-frame compression and other                    regulations.gov.
                                                  This notice is published pursuant to                  procedures as presented in their                         Issued in Washington, DC.
                                                14 CFR 11.85.                                           petition.                                              Robert C. Lauby,
                                                  Issued in Washington, DC, on June 12,                    A copy of the petition, as well as any
                                                                                                        written communications concerning the                  Associate Administrator for Railroad Safety,
                                                2018.                                                                                                          Chief Safety Officer.
                                                Lirio Liu,                                              petition, is available for review online at
                                                                                                                                                               [FR Doc. 2018–13219 Filed 6–19–18; 8:45 am]
                                                                                                        www.regulations.gov and in person at
                                                Executive Director, Office of Rulemaking.                                                                      BILLING CODE 4910–06–P
                                                                                                        the U.S. Department of Transportation’s
                                                Petition For Exemption                                  (DOT) Docket Operations Facility, 1200
                                                   Docket No.: FAA–2018–0004.                           New Jersey Ave. SE, W12–140,
                                                                                                        Washington, DC 20590. The Docket                       DEPARTMENT OF TRANSPORTATION
                                                   Petitioner: Cruiser Aircraft, Inc.
                                                (CSA).                                                  Operations Facility is open from 9 a.m.                Federal Railroad Administration
                                                   Section(s) of 14 CFR Affected:                       to 5 p.m., Monday through Friday,
                                                21.190(c)(2).                                           except Federal Holidays.                               [Docket Number FRA–2018–0049]
                                                   Description of Relief Sought: The                       Interested parties are invited to
                                                proposed exemption, if granted, would                   participate in these proceedings by                    Petition for Waiver of Compliance
                                                allow those Sport Cruiser special light-                submitting written views, data, or                        Under part 211 of Title 49 Code of
                                                sport aircraft manufactured by CSA with                 comments. FRA does not anticipate                      Federal Regulations (CFR), this
                                                serial number SC0557 and up that                        scheduling a public hearing in                         document provides the public notice
                                                otherwise comply with the applicable                    connection with these proceedings since                that on May 29, 2018, BNSF Railway
                                                consensus standards to be eligible for                  the facts do not appear to warrant a                   (BNSF) petitioned the Federal Railroad
                                                issuance (or re-issuance) of a special                  hearing. If any interested party desires               Administration (FRA) for a waiver of
                                                airworthiness certificate in the light-                 an opportunity for oral comment and a                  compliance from certain provisions of
                                                sport category with a maximum takeoff                   public hearing, they should notify FRA,                the Federal railroad safety regulations
                                                weight of not more than 1,386 pounds                    in writing, before the end of the                      contained at 49 CFR 232.213, 232.15,
                                                (630 kilograms).                                        comment period and specify the basis                   and 232.103(f). In addition, BNSF
                                                [FR Doc. 2018–13178 Filed 6–19–18; 8:45 am]             for their request.                                     requests an exemption from the
                                                BILLING CODE 4910–13–P                                     All communications concerning these
                                                                                                                                                               requirements of Title 49, United States
                                                                                                        proceedings should identify the
                                                                                                                                                               Code (U.S.C.), section 20303, which
                                                                                                        appropriate docket number and may be
                                                                                                                                                               prohibits the movement of a rail vehicle
                                                DEPARTMENT OF TRANSPORTATION                            submitted by any of the following
                                                                                                                                                               with defective or insecure equipment
                                                                                                        methods:
                                                Federal Railroad Administration                            • Website: http://                                  beyond the nearest available place at
                                                                                                        www.regulations.gov. Follow the online                 which the repairs can be made. See 49
                                                [Docket Number FRA–2018–0021]                                                                                  U.S.C. 20306. FRA assigned the petition
                                                                                                        instructions for submitting comments.
                                                                                                           • Fax: 202–493–2251.                                Docket Number FRA–2018–0049.
                                                Petition for Waiver of Compliance
                                                                                                           • Mail: Docket Operations Facility,                    Specifically, BNSF petitions FRA to
                                                   Under part 211 of Title 49 Code of                   U.S. Department of Transportation, 1200                conduct a pilot program on a segment of
                                                Federal Regulations (CFR), this                         New Jersey Avenue SE, W12–140,                         their system to ‘‘demonstrate that the
                                                document provides the public notice                     Washington, DC 20590.                                  use of wheel temperature detectors
                                                that by a document dated February 16,                      • Hand Delivery: 1200 New Jersey                    (WTD) to prove brake health
                                                2018, TexRail (TEXR) has petitioned the                 Avenue SE, Room W12–140,                               effectiveness (BHE) will improve safety,
                                                Federal Railroad Administration (FRA)                   Washington, DC 20590, between 9 a.m.                   reduce risks to employees, and provide
                                                for a waiver of compliance from certain                 and 5 p.m., Monday through Friday,                     cost savings to the industry.’’ Currently,
                                                provisions of the Federal railroad safety               except Federal Holidays.                               the effectiveness of railroad brake
                                                regulations contained at 49 CFR part                       Communications received by July 20,                 systems is verified by Class I initial
                                                238, Passenger Equipment Safety                         2018 will be considered by FRA before                  terminal and Class IA intermediate
                                                Standards. FRA assigned the petition                    final action is taken. Comments received               brake tests. BNSF proposes to
                                                Docket Number FRA–2018–0021.                            after that date will be considered as far              supplement these visual inspections
                                                   TEXR has ordered eight FLIRT Series                  as practicable.                                        with a wayside WTD, a device designed
                                                Diesel Multiple Units (DMU) trainsets                      Anyone can search the electronic                    to directly measure the rise in wheel
                                                manufactured by Stadler Bussnang AG                     form of any written communications                     temperatures because of a brake
                                                with an option to purchase additional                   and comments received into any of our                  application. BNSF asserts that such a
                                                trainsets. The DMUs are designed to                     dockets by the name of the individual                  measure of performance is objective,
                                                fulfill the requirements set forth by 49                submitting the comment (or signing the                 quantifiable, and independent of
                                                CFR 238.201, Scope/alternative                          document, if submitted on behalf of an                 conditions that can impair a visual
                                                compliance. TEXR requests a waiver                      association, business, labor union, etc.).             inspection; such as weather, lighting,
                                                ‘‘based on compliance with the FRA-                     Under 5 U.S.C. 553(c), DOT solicits                    human fatigue, or human error.
                                                issued guideline ‘Technical Criteria and                comments from the public to better                        BNSF states that a monitoring system
                                                Procedures for Evaluating the                           inform its processes. DOT posts these                  using WTD data as an alternative to the
                                                Crashworthiness and Occupant                            comments, without edit, including any                  intermediate brake inspections is
sradovich on DSK3GMQ082PROD with NOTICES




                                                Protection Performance of Alternatively-                personal information the commenter                     expected to substantially improve the
                                                Designed Passenger Rail Equipment for                   provides, to www.regulations.gov, as                   reliability of brake inspections, reduce
                                                Use in Tier I Service’ and the proposed                 described in the system of records                     on-line setouts, and increase faulty part
                                                Appendix G to 49 CFR part 238.’’                        notice (DOT/ALL–14 FDMS), which can                    replacement, to improve the safety
                                                Currently, these vehicles are being                     be reviewed at https://                                performance of brake systems overall.
                                                delivered and tested at the TEXR                        www.transportation.gov/privacy. See                    BNSF plans to use pyrometer sensors, a
                                                maintenance facility. Specifically, TEXR                also https://www.regulations.gov/                      technology also used for hot wheel


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Document Created: 2018-06-20 00:20:08
Document Modified: 2018-06-20 00:20:08
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 Citation83 FR 28757 

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