Petition for Waiver of Compliance, 43654 [2017-19687]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19687]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0087]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on August 10, 2017, the Fort Worth 
Transportation Authority (FWTA) on behalf of TexRail Commuter Railroad 
(TEXR) petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations for the purchase of eight new trainsets from Stadler 
Bussnang AG (Stadler). Specifically, TEXR is requesting relief from 49 
CFR part 229, Railroad Locomotive Safety Standards (Sec.  229.47); 49 
CFR part 231, Railroad Safety Appliance Standards (Sec. Sec.  
231.14(a)(2), (b)-(d), (f), (g)); and 49 CFR part 238, Passenger 
Equipment Safety Standards (Sec.  238.305). FRA assigned the petition 
docket number FRA-2017-0087.
    The TexRail commuter rail system consists of a single rail line, 
running from Fort Worth, Texas, to the Dallas-Fort Worth International 
Airport (DFW), a distance of 27-miles, with 9 stations. Service is 
scheduled to begin in December 2018.
    TexRail will purchase eight new FLIRT Diesel Multiple Unit (DMU) 
trainsets manufactured by Stadler in Salt Lake City, Utah. The delivery 
of vehicles is expected to begin in October 2017 and end in May 2018. 
TexRail asserts that the FLIRT trainset is a service-proven design 
built to European design standards. It was first delivered to European 
customers in 2004. There are approximately 1,100 FLIRT trainsets in 
operation worldwide. TexRail vehicles will be the first FLIRT models in 
the United States. The new vehicles are designed and built to current 
European design and regulatory standards, which differ in several areas 
from current U.S. design standards and regulations. TexRail believes 
that the design characteristics of the Stadler FLIRT vehicles provide 
an equivalent or higher level of safety and security to the passengers 
and crew.
    TexRail has organized its regulatory compliance efforts into two 
distinct but related parts: Part 1 represents the ``base'' compliance 
assessment effort (this petition) and Part 2 represents a separate 
petition to utilize Alternative Vehicle Technology crashworthiness 
technology as outlined in ``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 recent notice of proposed rulemaking (NPRM) on 
Passenger Equipment Safety Standards; Standards for Alternative 
Compliance and High-Speed Trainsets (81 FR 88006, December 6, 2016). 
Noting that certain provisions in 49 CFR part 231 pertaining to safety 
appliances are statutorily required, and therefore not subject to FRA's 
waiver authority, TEXR also requested that FRA exercise its authority 
under 49 U.S.C. 20306 to exempt TEXR from certain provisions of Chapter 
203, Title 49 of the United States Code because the FLIRT DMU vehicles 
will be equipped with their own array of safety devices resulting in 
equivalent safety.
    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 new 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: https://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 November 2, 2017 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.). In 
accordance with 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. 2017-19687 Filed 9-15-17; 8:45 am]
 BILLING CODE 4910-06-P