83 FR 6307 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

Page Range		6307-6308
FR Document		2018-02867

Federal Register, Volume 83 Issue 30 (Tuesday, February 13, 2018)

[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6307-6308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02867]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0118]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on November 7, 2017, Denver's Regional 
Transportation District (RTDC) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR 236. FRA 
assigned the petition Docket Number FRA-2017-0118.
    In accordance with 49 CFR 236.588, RTDC is requesting approval to 
perform periodic testing of the Automatic Train Control system (ATC) at 
an interval of 92 days for the RTDC fleet of electric multiple unit 
equipment (EMUs), numbered RTDC 4001 through RTDC 4066. Currently RTDC 
is performing ATC periodic testing at an interval of 60 days as 
required by 49 CFR 236.588. In support of this request, RTDC states 
that the original equipment manufacturer (OEM) Siemens Rail Automation 
(formerly PHW, Inc.) has developed the maintenance and testing program 
for these vehicles based on a 92-day interval. RTDC has included 
relevant portions of this program with its petition. RTDC further 
states that to date, there have been no issues with the ATC system 
found during periodic testing that would be impacted by increasing the 
testing interval to 92 days. RTDC adds that granting the

[[Page 6308]]

requested approval would not result in an additional costs and would 
allow RTDC to improve efficiency and resource allocation while 
complying with the OEM's maintenance requirements.
    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 March 30, 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. 2018-02867 Filed 2-12-18; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices 6307

continuous use on a full charge, and in-cab maximum of 2 years. However, the Request for Comments
wire-less monitoring systems give the driver Fixing America’s Surface Transportation
constant information on the functioning of
FMCSA requests comments from
(FAST) Act, signed on December 4, parties with data concerning the safety
the system, displaying state of charge of the
battery inside the unit, displaying the
2015, now allows an exemption to be record of motor carriers using
functioning of the system during operation, granted for a period of up to 5 years (49 rechargeable wireless temporary stop,
and warning the driver if the unit is no U.S.C. 31315(b)(2)) if FMCSA finds turn, and tail lighting systems during
longer functioning. In this sense, wireless ‘‘such exemption would likely achieve a temporary towing operations in
tow lights provide a level of safety and level of safety that is equivalent to, or accordance with the conditions of the
redundancy that is not currently required on greater than, the level that would be exemption. The Agency will evaluate
wired temporary lighting systems. In an achieved absent such exemption’’ adverse evidence submitted during the
emergency situation with a drained battery,
power can be directly connected to the
(§ 31315(b)(1)). TowMate has requested comment period and at any time during
temporary wireless stop, turn, and tail a 5-year extension of the current the 5-year period of the exemption. If
lighting system from a standard 4 pin or 7 exemption. safety is being compromised or if
pin electrical connection. continuation of the exemption would
Without the proposed temporary Basis for Renewing Exemption not be consistent with the goals and
exemption, tow and haul away operators will objectives of 49 U.S.C. 31136(e) and
be forced to continue to use cumbersome
FMCSA is not aware of any evidence
showing that the operation of 31315(b)(1), FMCSA will take
wired temporary towing light systems, immediate steps to revoke the
placing an unnecessary burden on their daily rechargeable wireless temporary stop,
turn, and tail lighting systems during exemption.
operations. The current temporary lighting
requirements for stop, tail, and turn lamps temporary towing operations during the Issued on: February 6, 2018.
require that the lamps receive their power current exemption has resulted in any Cathy F. Gautreaux,
from a direct wired connection to the towing degradation of safety. The Agency Deputy Administrator.
vehicle with no ascertainable benefit from believes that extending the exemption [FR Doc. 2018–02890 Filed 2–12–18; 8:45 am]
doing such. Wireless tow lights afford
benefits that wired systems are unable to, for a period of 5 years will likely BILLING CODE 4910–EX–P
such as redundancies like monitoring the achieve a level of safety that is
status of the unit in real time, thus assuring equivalent to, or greater than, the level
their proper operation at all times. of safety achieved without the DEPARTMENT OF TRANSPORTATION
On August 6, 2015, FMCSA published exemption.
Federal Railroad Administration
notice of the TowMate application and The renewal outlined in this notice
requested public comment (80 FR extends the exemption from February 9, [Docket Number FRA–2017–0118]
47031). The Agency received twenty 2018, through February 9, 2023, and
Petition for Waiver of Compliance
comments, all in support of TowMate’s requests public comment. During that
application. FMCSA granted the period, motor carriers will be allowed to Under part 211 of Title 49 Code of
exemption on February 9, 2016 (81 FR use rechargeable wireless temporary Federal Regulations (CFR), this provides
6927). The Agency concluded that stop, turn, and tail lighting systems that the public notice that on November 7,
permitting the use of rechargeable do not meet the lighting power supply 2017, Denver’s Regional Transportation
wireless temporary stop, turn, and tail requirements of 49 CFR 393.23 during District (RTDC) petitioned the Federal
lighting systems during temporary temporary towing operations, provided Railroad Administration (FRA) for a
towing operations will reduce the time the requirements of 49 CFR 393.17(b)(2) waiver of compliance from certain
tow operators spend at the side of the are met. The exemption will be valid for provisions of the Federal railroad safety
road connecting wired lighting systems 5 years unless rescinded earlier by regulations contained at 49 CFR 236.
between vehicles, thereby reducing their FMCSA. The exemption will be FRA assigned the petition Docket
risk of injury and increasing safety. The rescinded if: (1) Motor carriers and/or Number FRA–2017–0118.
Agency determined that use of the commercial motor vehicles fail to In accordance with 49 CFR 236.588,
rechargeable wireless lighting systems comply with the terms and conditions RTDC is requesting approval to perform
will maintain a level of safety that is of the exemption; (2) the exemption has periodic testing of the Automatic Train
equivalent to, or greater than, the level resulted in a lower level of safety than Control system (ATC) at an interval of
of safety achieved without the was maintained before it was granted; or 92 days for the RTDC fleet of electric
exemption. In towing operations during (3) continuation of the exemption would multiple unit equipment (EMUs),
the exemption period, motor carriers are not be consistent with the goals and numbered RTDC 4001 through RTDC
allowed to use rechargeable wireless objectives of 49 U.S.C. 31136(e) and 4066. Currently RTDC is performing
temporary stop, turn, and tail lighting ATC periodic testing at an interval of 60
31315.
systems that do not meet the lighting days as required by 49 CFR 236.588. In
power supply requirements of 49 CFR Preemption support of this request, RTDC states that
393.23, provided the requirements of 49 the original equipment manufacturer
CFR 393.17(b)(2) are met. The decision In accordance with 49 U.S.C. (OEM) Siemens Rail Automation
to grant the temporary exemption was 31315(d), as implemented by 49 CFR (formerly PHW, Inc.) has developed the
also consistent with an amendment 381.600, during the period this maintenance and testing program for
made in an August 15, 2005 final rule exemption is in effect, no State shall these vehicles based on a 92-day
enforce any law or regulation applicable interval. RTDC has included relevant
sradovich on DSK3GMQ082PROD with NOTICES

allowing battery powered lamps on the
rear of projecting loads. to interstate commerce that conflicts portions of this program with its
with or is inconsistent with this petition. RTDC further states that to
TowMate’s Request To Renew the exemption with respect to a firm or date, there have been no issues with the
Exemption person operating under the exemption. ATC system found during periodic
At the time the exemption was States may, but are not required to, testing that would be impacted by
granted, the term of temporary adopt the same exemption with respect increasing the testing interval to 92
exemptions was limited by statute to a to operations in intrastate commerce. days. RTDC adds that granting the

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Document Created: 2018-02-13 02:32:15
Document Modified: 2018-02-13 02:32:15

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		83 FR 6307

83 FR 6307 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration