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

Download as PDF 43654 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the three exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the Epilepsy and Seizure Disorders requirement in 49 CFR 391.41 (b)(8). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: September 8, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–19762 Filed 9–15–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2017–0087] sradovich on DSKBBY8HB2PROD with NOTICES 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 (§ 229.47); 49 CFR part 231, Railroad Safety Appliance Standards (§§ 231.14(a)(2), (b)–(d), (f), (g)); and 49 CFR part 238, Passenger Equipment Safety Standards (§ 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 DallasFort 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 VerDate Sep<11>2014 16:54 Sep 15, 2017 Jkt 241001 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 AlternativelyDesigned 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 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 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: 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 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 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2013–0095] Notice of Application for Approval To Discontinue or Modify a Railroad Signal System Under part 235 of Title 49 of the Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this provides the public notice that on July 27, 2017, the Grenada Railroad, LLC (GRYR) petitioned the Federal Railroad Administration (FRA) seeking extension E:\FR\FM\18SEN1.SGM 18SEN1

Agencies

[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: 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 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