83 FR 4120 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 19 (January 29, 2018)

[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4120-4121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01582]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0003]


Petition for Waiver of Compliance

    Under Part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on December 26, 2017, Caltrain 
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. FRA assigned the petition 
Docket Number FRA-2018-0003.
    Specifically, Caltrain seeks a waiver of compliance from portions 
of 49 CFR 238.113(a)(3), Emergency window exits, and 238.114(a)(3), 
Rescue access windows, for four cars of their new six-car Electric 
Multiple Unit (EMU) trainsets. The six-car trainsets consist of two cab 
cars (A and B) and four coach cars (C, D, E, and F). Each is a multi-
level car and contains three types of levels: A lower level, two 
intermediate levels (on each end), and an upper level. In addition, 
each car contains both intermediate level doors and lower level doors. 
However, Caltrain will initially be utilizing only the lower level 
doors to serve their existing 8-inch platforms. The intermediate level 
doors will be utilized at some point in the future at high level 
platforms. Until such time that the intermediate doors are placed in 
service, passenger flip-up type seats mounted to the floor will be 
placed adjacent (in front of) to these doors.
    Since the intermediate levels will be used for passenger seating, 
each intermediate level is required to have a minimum of two emergency 
window exits and a minimum of two rescue access windows. Two cars (D 
and F) are equipped with two windows (one on each side) on the 
intermediate level that serve as dual-function emergency exit and 
rescue access windows. The remaining four cars (A, B, C, and E) do not 
have windows on the intermediate levels due to propulsion equipment 
occupying space on that level. However, all cars in the EMU trainset 
are designed with exterior side doors on the intermediate levels (one 
per side per intermediate level). These doors will be locked and non-
operational, and equipped with emergency release handles to allow for 
manual opening of the doors for emergency egress and rescue access 
through the doorway.
    Caltrain states that the intermediate level door arrangement will 
meet the requirements of 49 CFR 231.112, Door emergency egress and 
rescue access systems. In addition, emergency exit paths exist by way 
of the stairs at the intermediate level, which can lead passengers to 
either the lower level where there are additional doors and emergency 
exit/access windows, or the upper levels where there are also 
additional emergency exit/access windows. Lastly, there is an aisle way 
that leads to the adjacent car that can be used for egress (with 
exception of the cab car, cab end). Because the intermediate levels are 
equipped with these features, Caltrain believes that the intent of the 
emergency egress/access requirements of 49 CFR 238.113 and 238.114 are 
met and provide an equivalent level of safety to passengers.
    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:
     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.

[[Page 4121]]

    Communications received by March 15, 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.

Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-01582 Filed 1-26-18; 8:45 am]
 BILLING CODE 4910-06-P