Petition for Waiver of Compliance, 45005-45006 [2018-19105]

Download as PDF Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dotransportation.gov/privacy. See also https://www.regulations.gov/ #!privacyNotice for the privacy notice of regulations.gov. Robert C. Lauby, Associate Administrator for Safety, Chief Safety Officer. [FR Doc. 2018–19106 Filed 8–31–18; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2018–0067] sradovich on DSK3GMQ082PROD with NOTICES 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 electropneumatic 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 VerDate Sep<11>2014 20:06 Aug 31, 2018 Jkt 244001 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 abovetop-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. PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 45005 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 8inch 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: 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 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 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 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 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2016–0028] sradovich on DSK3GMQ082PROD with NOTICES 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 3, 2018, the Regional Transportation District (RTD) and the City of Denver, Colorado, 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 222. FRA assigned the petition Docket Number FRA–2016–0028. Specifically, petitioners seek a waiver from the provisions of 49 CFR 222.35(b)(1) to establish a new quiet zone consisting of twelve public highway-rail grade crossings with active grade crossing warning devices comprising both flashing lights and gates that are not equipped with constant warning time devices. The crossing warning devices on the proposed ‘‘Denver East Corridor Quiet Zone’’ on the RTD A-Line are primarily activated by a wireless crossing activation system (WCAS) using ‘‘GPSdetermined train speed and location to predict how many seconds a train is from the crossing.’’ Petitioners assert that this information is communicated wirelessly to the crossing warning devices and seeks to provide constant warning times. Additionally, this system is supplemented by a conventional track warning system in case the WCAS is unavailable. VerDate Sep<11>2014 17:54 Aug 31, 2018 Jkt 244001 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: 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 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 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/ PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 privacyNotice for the privacy notice of regulations.gov. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2018–19104 Filed 8–31–18; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2018–0138] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SERENITY; Invitation for Public Comments Maritime Administration, DOT. Notice. AGENCY: ACTION: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before October 4, 2018. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2018–0138 by any one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD–2018–0138 and follow the instructions for submitting comments. • Mail or Hand Delivery: Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is: U.S. Department of Transportation, MARAD–2018–0138, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change SUMMARY: E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 45005-45006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 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 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

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