83_FR_45176 83 FR 45005 - Petition for Waiver of Compliance

83 FR 45005 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 171 (September 4, 2018)

Page Range45005-45006
FR Document2018-19105

Federal Register, Volume 83 Issue 171 (Tuesday, September 4, 2018) 
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 45005-45006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19105]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0067]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 6, 2018, the Federal 
Railroad Administration (FRA) received a petition from the San Mateo 
County Transit District, on behalf of Caltrain, for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR parts 229, 231, and 238. Specifically, 
Caltrain seeks a waiver of compliance for their new Stadler-built KISS 
Electric Multiple Unit (EMU) railcars specific to the passenger area 
emergency brake valve, the clearance above top of rail, and the safety 
appliances. FRA assigned the petition Docket Number FRA-2018-0067.
    First, Caltrain seeks a waiver of compliance from the emergency 
brake valve requirements of 49 CFR 229.47(b) and 238.305(c)(5), which 
require certain equipment to be equipped with an emergency brake valve 
accessible to another crew member in the passenger compartment and have 
the words ``Emergency Brake Valve'' legibly stenciled or marked near 
each valve, or be shown on an adjacent badge plate. The Caltrain EMU 
utilizes pull handles to provide a means for crew members and 
passengers to initiate an emergency brake condition. The vehicle is 
equipped with a modern electro-pneumatic brake system that does not 
rely on a conventional train-lined brake pipe to initiate an emergency 
brake command to the train. Instead, emergency brake commands are 
transmitted using electronic signals using fail-safe design principles. 
When a pull handle is activated (or ``pulled''), propulsion is cut and 
irretrievable emergency brake is initiated. The handle can only be 
reset using a crew key. There is one emergency brake pull handle per 
doorway area, four total per car, and each is appropriately stenciled 
with the nomenclature ``Emergency Brake.'' Although the Caltrain EMU 
emergency brake pull handles are not technically ``valves'' as 
specified in the regulatory language, Caltrain contends they perform 
the same function as the required Emergency Brake Valve and satisfy the 
requirements of 49 CFR 229.47(b) and 238.305(c)(5).
    Second, Caltrain seeks a waiver of compliance from the clearance 
above-top-of-rail (ATOR) requirements of 49 CFR 229.71. The Caltrain 
EMU will utilize Magnetic Track Brakes that are mounted on each non-
powered (i.e., trailer) truck of each car. The track brake has two 
positions: Stowed and deployed. In its normal stowed position, the 
track brake is positioned 3.9 inches ATOR. Under maximum permissible 
wear conditions, the track brake assembly will remain 2.5 inches ATOR. 
In the deployed position, the track brake is in contact with the top of 
rail thus violating the minimum required clearance specified in 49 CFR 
229.71. Caltrain believes the use of the magnetic track brake enhances 
the braking capabilities of the vehicle and only violates the required 
clearance when activated and in use.
    Third, Caltrain seeks a waiver of compliance from the safety 
appliance requirements of 49 CFR 229.71(b), Sill steps, (c) Side 
handholds, (d) End handholds, (f) Side-door steps, and (g) Uncoupling 
levers, as well as 49 CFR 238.229 and 238.230(d). Caltrain believes 
sill steps and side handholds are intended to allow railroad employees 
to ride the outside of the vehicle during switching moves to manually 
couple/uncouple cars and make up manual hose connections. Similarly, 
end handholds and uncoupling levers are intended to provide a secure 
hand grip for a railroad worker while performing manual coupling or 
uncoupling of conventional rail vehicles where it is necessary for the 
mechanical end connections to be connected or disconnected manually 
from the ground by a railway employee. Not only will Caltrain operating 
rules prohibit personnel to mount the exterior of the EMU, but Caltrain 
will not use the EMU to make any equipment moves within yards, storage 
tracks, or other areas where personnel would be required to utilize any 
exterior steps or handholds. The EMU automatic coupler design allows 
all mechanical, pneumatic, and electrical end connections to be 
accomplished without manual intervention and without requiring 
personnel to leave the vehicle. Lastly, the Caltrain EMU vehicle is 
configured with both high-level and low-level side entry doors. When 
the EMU is first placed into service, only the low-level doors will be 
utilized and are accessed from Caltrain's existing 8-inch high 
platforms. Each low-level side door is equipped with a retractable step 
to allow passengers to transition from the 8-inch platform to the 22-
inch lower-level floor height. The step is located at approximately 16 
inches ATOR. In addition, extended vertical handholds are located 
inside the doorways to facilitate the boarding/alighting process. 
Therefore, Caltrain petitions FRA to accept the EMU vehicle without 
sill steps, side handholds, end handholds, or uncoupling levers.
    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.
    Communications received by October 19, 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

[[Page 45006]]

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. 2018-19105 Filed 8-31-18; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 45005 commenter provides, to key. There is one emergency brake pull Lastly, the Caltrain EMU vehicle is www.regulations.gov, as described in handle per doorway area, four total per configured with both high-level and the system of records notice (DOT/ALL– car, and each is appropriately stenciled low-level side entry doors. When the 14 FDMS), which can be reviewed at with the nomenclature ‘‘Emergency EMU is first placed into service, only www.dotransportation.gov/privacy. See Brake.’’ Although the Caltrain EMU the low-level doors will be utilized and also http://www.regulations.gov/ emergency brake pull handles are not are accessed from Caltrain’s existing 8- #!privacyNotice for the privacy notice of technically ‘‘valves’’ as specified in the inch high platforms. Each low-level side regulations.gov. regulatory language, Caltrain contends door is equipped with a retractable step they perform the same function as the to allow passengers to transition from Robert C. Lauby, required Emergency Brake Valve and the 8-inch platform to the 22-inch Associate Administrator for Safety, Chief satisfy the requirements of 49 CFR lower-level floor height. The step is Safety Officer. 229.47(b) and 238.305(c)(5). located at approximately 16 inches [FR Doc. 2018–19106 Filed 8–31–18; 8:45 am] Second, Caltrain seeks a waiver of ATOR. In addition, extended vertical BILLING CODE 4910–06–P compliance from the clearance above- handholds are located inside the top-of-rail (ATOR) requirements of 49 doorways to facilitate the boarding/ CFR 229.71. The Caltrain EMU will alighting process. Therefore, Caltrain DEPARTMENT OF TRANSPORTATION utilize Magnetic Track Brakes that are petitions FRA to accept the EMU mounted on each non-powered (i.e., vehicle without sill steps, side Federal Railroad Administration trailer) truck of each car. The track brake handholds, end handholds, or [Docket Number FRA–2018–0067] has two positions: Stowed and uncoupling levers. deployed. In its normal stowed position, A copy of the petition, as well as any Petition for Waiver of Compliance the track brake is positioned 3.9 inches written communications concerning the ATOR. Under maximum permissible petition, is available for review online at Under part 211 of Title 49 Code of wear conditions, the track brake www.regulations.gov and in person at Federal Regulations (CFR), this assembly will remain 2.5 inches ATOR. the U.S. Department of Transportation’s document provides the public notice In the deployed position, the track brake (DOT) Docket Operations Facility, 1200 that on August 6, 2018, the Federal is in contact with the top of rail thus New Jersey Avenue SE, W12–140, Railroad Administration (FRA) received violating the minimum required Washington, DC 20590. The Docket a petition from the San Mateo County clearance specified in 49 CFR 229.71. Transit District, on behalf of Caltrain, Operations Facility is open from 9 a.m. Caltrain believes the use of the magnetic to 5 p.m., Monday through Friday, for a waiver of compliance from certain track brake enhances the braking provisions of the Federal railroad safety except Federal Holidays. capabilities of the vehicle and only Interested parties are invited to regulations contained at 49 CFR parts violates the required clearance when 229, 231, and 238. Specifically, Caltrain participate in these proceedings by activated and in use. submitting written views, data, or seeks a waiver of compliance for their Third, Caltrain seeks a waiver of new Stadler-built KISS Electric Multiple comments. FRA does not anticipate compliance from the safety appliance scheduling a public hearing in Unit (EMU) railcars specific to the requirements of 49 CFR 229.71(b), Sill passenger area emergency brake valve, connection with these proceedings since steps, (c) Side handholds, (d) End the facts do not appear to warrant a the clearance above top of rail, and the handholds, (f) Side-door steps, and (g) safety appliances. FRA assigned the hearing. If any interested parties desire Uncoupling levers, as well as 49 CFR an opportunity for oral comment and a petition Docket Number FRA–2018– 238.229 and 238.230(d). Caltrain 0067. public hearing, they should notify FRA, believes sill steps and side handholds in writing, before the end of the First, Caltrain seeks a waiver of are intended to allow railroad compliance from the emergency brake comment period and specify the basis employees to ride the outside of the for their request. valve requirements of 49 CFR 229.47(b) vehicle during switching moves to All communications concerning these and 238.305(c)(5), which require certain manually couple/uncouple cars and proceedings should identify the equipment to be equipped with an make up manual hose connections. appropriate docket number and may be emergency brake valve accessible to Similarly, end handholds and submitted by any of the following another crew member in the passenger uncoupling levers are intended to methods: compartment and have the words provide a secure hand grip for a railroad • Website: http:// ‘‘Emergency Brake Valve’’ legibly worker while performing manual www.regulations.gov. Follow the online stenciled or marked near each valve, or coupling or uncoupling of conventional instructions for submitting comments. be shown on an adjacent badge plate. rail vehicles where it is necessary for • Fax: 202–493–2251. The Caltrain EMU utilizes pull handles the mechanical end connections to be • Mail: Docket Operations Facility, to provide a means for crew members connected or disconnected manually U.S. Department of Transportation, 1200 and passengers to initiate an emergency from the ground by a railway employee. New Jersey Avenue SE, W12–140, brake condition. The vehicle is Not only will Caltrain operating rules Washington, DC 20590. equipped with a modern electro- prohibit personnel to mount the exterior • Hand Delivery: 1200 New Jersey pneumatic brake system that does not of the EMU, but Caltrain will not use the Avenue SE, Room W12–140, rely on a conventional train-lined brake EMU to make any equipment moves Washington, DC 20590, between 9 a.m. pipe to initiate an emergency brake within yards, storage tracks, or other and 5 p.m., Monday through Friday, command to the train. Instead, sradovich on DSK3GMQ082PROD with NOTICES areas where personnel would be except Federal Holidays. emergency brake commands are required to utilize any exterior steps or Communications received by October transmitted using electronic signals handholds. The EMU automatic coupler 19, 2018 will be considered by FRA using fail-safe design principles. When design allows all mechanical, before final action is taken. Comments a pull handle is activated (or ‘‘pulled’’), pneumatic, and electrical end received after that date will be propulsion is cut and irretrievable connections to be accomplished without considered if practicable. emergency brake is initiated. The manual intervention and without Anyone can search the electronic handle can only be reset using a crew requiring personnel to leave the vehicle. form of any written communications VerDate Sep<11>2014 20:06 Aug 31, 2018 Jkt 244001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1

45006 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices and comments received into any of our A copy of the petition, as well as any privacyNotice for the privacy notice of dockets by the name of the individual written communications concerning the regulations.gov. submitting the comment (or signing the petition, is available for review online at Robert C. Lauby, document, if submitted on behalf of an www.regulations.gov and in person at association, business, labor union, etc.). Associate Administrator for Railroad Safety, the U.S. Department of Transportation’s Chief Safety Officer. Under 5 U.S.C. 553(c), DOT solicits (DOT) Docket Operations Facility, 1200 [FR Doc. 2018–19104 Filed 8–31–18; 8:45 am] comments from the public to better New Jersey Avenue SE, W12–140, inform its processes. DOT posts these BILLING CODE 4910–06–P Washington, DC 20590. The Docket comments, without edit, including any Operations Facility is open from 9 a.m. personal information the commenter to 5 p.m., Monday through Friday, DEPARTMENT OF TRANSPORTATION provides, to www.regulations.gov, as except Federal Holidays. described in the system of records Maritime Administration Interested parties are invited to notice (DOT/ALL–14 FDMS), which can participate in these proceedings by [Docket No. MARAD–2018–0138] be reviewed at https:// submitting written views, data, or www.transportation.gov/privacy. See comments. FRA does not anticipate Requested Administrative Waiver of also https://www.regulations.gov/ scheduling a public hearing in the Coastwise Trade Laws: Vessel privacyNotice for the privacy notice of connection with these proceedings since SERENITY; Invitation for Public regulations.gov. the facts do not appear to warrant a Comments Robert C. Lauby, hearing. If any interested parties desire an opportunity for oral comment and a AGENCY: Maritime Administration, DOT. Associate Administrator for Railroad Safety, Chief Safety Officer. public hearing, they should notify FRA, ACTION: Notice. [FR Doc. 2018–19105 Filed 8–31–18; 8:45 am] in writing, before the end of the SUMMARY: The Secretary of BILLING CODE 4910–06–P comment period and specify the basis Transportation, as represented by the for their request. Maritime Administration (MARAD), is All communications concerning these authorized to grant waivers of the U.S.- DEPARTMENT OF TRANSPORTATION proceedings should identify the build requirements of the coastwise Federal Railroad Administration appropriate docket number and may be trade laws to allow the carriage of no submitted by any of the following more than twelve passengers for hire on [Docket Number FRA–2016–0028] methods: vessels, which are three years old or • Website: http:// more. A request for such a waiver has Petition for Waiver of Compliance been received by MARAD. The vessel, www.regulations.gov. Follow the online Under part 211 of Title 49 Code of instructions for submitting comments. and a brief description of the proposed Federal Regulations (CFR), this service, is listed below. • Fax: 202–493–2251. document provides the public notice DATES: Submit comments on or before that on August 3, 2018, the Regional • Mail: Docket Operations Facility, October 4, 2018. Transportation District (RTD) and the U.S. Department of Transportation, 1200 ADDRESSES: You may submit comments City of Denver, Colorado, petitioned the New Jersey Avenue SE, W12–140, identified by DOT Docket Number Federal Railroad Administration (FRA) Washington, DC 20590. MARAD–2018–0138 by any one of the for a waiver of compliance from certain • Hand Delivery: 1200 New Jersey following methods: provisions of the Federal railroad safety Avenue SE, Room W12–140, • Federal eRulemaking Portal: Go to regulations contained at 49 CFR part Washington, DC 20590, between 9 a.m. http://www.regulations.gov. Search 222. FRA assigned the petition Docket and 5 p.m., Monday through Friday, MARAD–2018–0138 and follow the Number FRA–2016–0028. except Federal Holidays. instructions for submitting comments. Specifically, petitioners seek a waiver Communications received by October • Mail or Hand Delivery: Docket from the provisions of 49 CFR Management Facility is in the West 19, 2018 will be considered by FRA 222.35(b)(1) to establish a new quiet Building, Ground Floor of the U.S. before final action is taken. Comments zone consisting of twelve public Department of Transportation. The received after that date will be highway-rail grade crossings with active Docket Management Facility location considered if practicable. grade crossing warning devices address is: U.S. Department of comprising both flashing lights and Anyone can search the electronic Transportation, MARAD–2018–0138, gates that are not equipped with form of any written communications 1200 New Jersey Avenue SE, West constant warning time devices. The and comments received into any of our Building, Room W12–140, Washington, crossing warning devices on the dockets by the name of the individual DC 20590, between 9 a.m. and 5 p.m., proposed ‘‘Denver East Corridor Quiet submitting the comment (or signing the Monday through Friday, except on Zone’’ on the RTD A-Line are primarily document, if submitted on behalf of an Federal holidays. activated by a wireless crossing association, business, labor union, etc.). Note: If you mail or hand-deliver your activation system (WCAS) using ‘‘GPS- Under 5 U.S.C. 553(c), DOT solicits comments, we recommend that you determined train speed and location to comments from the public to better include your name and a mailing predict how many seconds a train is inform its processes. DOT posts these address, an email address, or a from the crossing.’’ Petitioners assert comments, without edit, including any sradovich on DSK3GMQ082PROD with NOTICES telephone number in the body of your that this information is communicated personal information the commenter document so that we can contact you if wirelessly to the crossing warning provides, to www.regulations.gov, as we have questions regarding your devices and seeks to provide constant described in the system of records submission. warning times. Additionally, this notice (DOT/ALL–14 FDMS), which can Instructions: All submissions received system is supplemented by a be reviewed at https:// must include the agency name and conventional track warning system in www.transportation.gov/privacy. See specific docket number. All comments case the WCAS is unavailable. also https://www.regulations.gov/ received will be posted without change VerDate Sep<11>2014 17:54 Aug 31, 2018 Jkt 244001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1


Document Created: 2018-09-01 02:59:54
Document Modified: 2018-09-01 02:59:54
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 45005 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR