Petition for Waivers of Compliance, 2707-2710 [2024-00664]

Download as PDF Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices commensurate with the risks associated with the portfolios of its members. Accordingly, the Commission finds the Proposed Rule Change is consistent with Rule 17Ad–22(e)(6)(i) under the Act because it is designed to assist NSCC in maintaining a risk-based margin system that considers, and produces margin levels commensurate with, the risks and particular attributes of members’ portfolios.41 VII. Conclusion On the basis of the foregoing, the Commission finds that the Proposed Rule Change is consistent with the requirements of the Act and in particular with the requirements of Section 17A of the Act 42 and the rules and regulations promulgated thereunder. It is therefore ordered, pursuant to Section 19(b)(2) of the Act 43 that Proposed Rule Change SR–NSCC–2023– 011, be, and hereby is, approved.44 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.45 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–00630 Filed 1–12–24; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. 2013–0259] Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Advisory Circular: Reporting of Laser Illumination of Aircraft Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval renew information collection. The Federal Register Notice with a 60day comment period soliciting comments on the following collection of information was published on August ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: 41 17 CFR 240.17Ad–22(e)(6)(i). U.S.C. 78q–1. 43 15 U.S.C. 78s(b)(2). 44 In approving the Proposed Rule Change, the Commission considered its impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 45 17 CFR 200.30–3(a)(12). 42 15 VerDate Sep<11>2014 18:57 Jan 12, 2024 Jkt 262001 17, 2023. The collection involves information to be collected will be used to and/or is necessary because Advisory Circular 70–2B provides guidance to civilian air crews on the reporting of laser illumination incidents and recommended mitigation actions to be taken in order to ensure continued safe and orderly flight operations. DATES: Written comments should be submitted by February 13, 2024. ADDRESSES: Please send written comments: By Electronic Docket: www.regulations.gov (Enter docket number into search field) By mail: Nicholas Torgerson, Federal Aviation Administration, AJR–223, 800 Independence Ave. SW, Washington, DC 20591. FOR FURTHER INFORMATION CONTACT: Nicholas Torgerson, by email at: Nicholas.d.torgerson@faa.gov; phone: 202–322–4157 SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. OMB Control Number: 2120–0698. Title: Advisory Circular (AC): Reporting of Laser Illumination of Aircraft. Form Numbers: Advisory Circular 70– 2B, Reporting of Laser Illumination of Aircraft. Type of Review: Renewal of an information collection. Background: The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 17, 2023 (88 FR 58633). Advisory Circular 70–2B provides guidance to civilian air crews on the reporting of laser illumination incidents and recommended mitigation actions to be taken in order to ensure continued safe and orderly flight operations. Information is collected from pilots and aircrews that are affected by an unauthorized illumination by lasers. The requested reporting involves an immediate broadcast notification to Air Traffic Control (ATC) when the incident occurs, as well as a broadcast warning of the incident if the aircrew is flying in PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 2707 uncontrolled airspace. In addition, the AC requests that the aircrew supply a written report of the incident and send it by fax or email to the Washington Operations Control Complex (WOCC) as soon as possible. Respondents: Approximately 1,100 pilots and crewmembers. Frequency: Information is collected on occasion. Estimated Average Burden per Response: 10 minutes. Estimated Total Annual Burden: 183 hours. Issued in Washington, DC, on January 10, 2024. Sandra L. Ray, Aviation Safety Inspector, AFS–260. [FR Doc. 2024–00687 Filed 1–12–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2023–0066] Petition for Waivers of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on August 10, 2023, Georgia Central Railway, L.P. and Heart of Georgia Railroad, Inc. (Petitioners) submitted a request to the Federal Railroad Administration (FRA) under 49 CFR 211.51 for approval of a test program, and the temporary suspension of certain FRA safety regulations in connection with that program (Program). Petitioners explain that the proposed test program involves a system of a ‘‘novel, selfpropelled, zero-emission, batteryelectric rail vehicle’’ (Vehicle) and its associated computer and telemetry technology (System), manufactured by Parallel Systems, Inc. Petitioners state that the goal of the technology is to provide smaller freight railroads an opportunity to meaningfully compete in the short-haul transportation of containers, and the technology also provides ‘‘numerous public benefits for the environment, the economy, the national highway system, and communities disproportionately impacted by highway movement of containers.’’ Petitioners contend that ‘‘safety is an overriding focus of the proposed program’’ and the Pilot Test Safety Plan is included in Exhibit C of the submission. Petitioners state that the Program is ‘‘designed to evaluate the effectiveness of the system and new operational approaches to rail vehicle technology in the short-haul movement of containers.’’ E:\FR\FM\16JAN1.SGM 16JAN1 2708 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices FRA has conducted a preliminary review of Petitioner’s application to determine whether it meets the minimum regulatory requirements and provides enough information to be actionable by FRA, and FRA has found the application complete. However, upon analyzing the request, FRA has decided to treat Petitioners’ application as a request for waivers of compliance under the relevant provisions of 49 CFR part 211. FRA will also review Petitioners’ request for a test program under 49 CFR 211.51. FRA assigned the petition Docket Number FRA–2023–0066. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Petitioners assert that suspending (waiving) certain provisions of the Federal railroad safety regulations is necessary for the conduct of the Program, and, accordingly, Petitioners request that FRA temporarily suspend certain provisions of the CFR throughout the Program. Specifically, petitioners request relief from specific regulatory requirements during each phase of testing, as listed in the table below: SUMMARY OF REGULATORY RELIEF REQUESTED Reference Regulation summary Basis for relief Petitioner comments Part 218, subpart D. Operating Practices—Prohibition Against Tampering with Safety Devices: §§ 218.55–59 prohibit disabling of safety devices or knowingly operating a train with disabled safety devices. Part 229 .............. Locomotive Safety Standards—multiple provisions of part 229 require suspension given the unique design of the Vehicle and the braking system. In order to support testing of certain features of the System, some Program procedures will require installing, removing, disabling, and bypassing onboard sensors, self-diagnostic devices, and other devices of the Vehicles. In summary, the following design features of the System and characteristics of the Program are directly related to the part 229 temporary suspension requests: —Remotely Directed Operation. —Platooning Capability. —Alternative Braking Technology. Alternative safety protections designed to mitigate the risks associated with the disabled functions will remain operative even if safety devices on the Vehicles are disabled. The petitioner’s safety plan (Safety Plan) is included as Appendix A to the petition. For those aspects of the requested part 229 temporary suspensions that are not predicated on the absence of conventional features due to remotely directed operation, the platooning capability or the alternate braking technology of the Vehicle, the procedures and the System design and operational features explained in the Safety Plan will assure safety. The Vehicle will be tagged on the low voltage isolation switch, which controls power to the Vehicle computers. Safety Plan sections 2.7 and 5.4 describe the safety features of the platooning technology that offer an alternative safety standard to traditional coupling, brake, and lead locomotive systems. This Vehicle has designed integrity-monitoring features described in Safety Plan section 5.2 and these features are part of the test program. Safety Plan section 5.6 describes the maintenance, calibration, and testing of the brake technology that the Vehicles will feature. These features are part of the test program. Safety Plan section 4.2 describes the emergency-stop function of the Vehicles. These features are part of the test program. 229.9, Movement of Non-Complying Locomotives: § 229.9(a)(3). 229.13, Control of Locomotives: § 229.13 ........ 229.15, Locomotives with Control Units: § 229.15(a)(10). This provision requires locomotives with radio control units to be designed with specific self-diagnostics. 229.29, Air Brake System Calibration, Maintenance and Testing: § 229.29. This provision defines the calibration, maintenance, and testing of locomotive braking systems. 229.47, Emergency Brake Valves: § 229.47 .... This provision states that the brake pipe valve must be accessible to members of the crew in the cab other than the engineer and must be attached to a wall adjacent to an end exit door. This Vehicle does not have a locomotive cab. This provision requires all gauges and indicators to be located so the engineer can conveniently read them in the locomotive cab. This Vehicle does not have a cab. This provision includes requirements of the brake cylinder. This Vehicle includes alternative braking technology. This provision prohibits any part or appliance to be less than 2.5 inches above the top of rail. 229.53, Brake Gauges: § 229.53 ...................... 229.55, Piston Travel: § 229.55(b) .................... ddrumheller on DSK120RN23PROD with NOTICES1 229.71, Clearance Above Top of Rail: § 229.71 VerDate Sep<11>2014 The provision requires tagging of the locomotive at certain locations. This Vehicle does not have a locomotive cab. The provision includes requirements when multiple locomotives are coupled. This Vehicle does not couple. 229.115(a), (c), Slip/Side Alarms: § 229.115(a) and (c). This provision requires audible and visual alarms in the cab if wheels slip or slide. This Vehicle does not have a cab. 229.117, Speed Indicators: § 229.117 .............. This provision requires the locomotive speed to be readable from the engineer’s normal position. This Vehicle does not have a cab. 229.119, Cabs, Floors, and Passageways: §§ 229.119 and 229.127, Cab Lights: § 229.127. 229.131(a), Sanders: § 229.131(a) ................... This provision sets requirements for locomotive cabs, floors, passageways. 18:57 Jan 12, 2024 Jkt 262001 PO 00000 This provision requires each locomotive to be equipped with operative sanders. This Vehicle includes alternative braking technology. Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM Monitoring associated with movement of the Vehicle is available on the devices used to control movements. These features are part of the test program. The Program will evaluate the effectiveness of different brake technology than what is present on conventional locomotives. The Vehicle will comply with § 229.71 except that if test data indicates that the Vehicle does not reliably activate track circuits by shunting, electrical rail contacts may be added less than 2.5 inches above the top of rail to improve shunting performance for the testing program. Monitoring associated with movement of the Vehicle is available on the devices used to control movements. These features are part of the test program. Monitoring associated with movement of the Vehicle is available on the devices used to control movements. These features are part of the test program. This Vehicle does not have a cab. The Program will evaluate the effectiveness of different brake technology than what is present on conventional locomotives, including testing of wheel slip and slide. 16JAN1 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices 2709 SUMMARY OF REGULATORY RELIEF REQUESTED—Continued Reference Regulation summary Basis for relief 229.137, Sanitation, General Requirements and 229.139, Sanitation, Servicing Requirements. 229.141, Body Structure, MU Locomotives: § 229.141. These provisions are premised upon having a locomotive cab. This Vehicle does not have a cab. Petitioner comments These provisions are premised upon the MU locomotive cars being coupled together. This Vehicle does not couple. Safety Plan sections 2.7 and 5.4 describe the safety features of the platooning technology that offer an alternative safety standard to traditional coupling, brake, and lead locomotive systems. This vehicle does not have a cab. Part 229, subpart D, Locomotive CrashThese provisions are premised upon having a worthiness Design Requirements: locomotive cab. §§ 229.201–206. 229.311, Review of Locomotive Electronics Petitioner seeks temporary suspension of the Safety Analysis Before Use: §§ 229.301–319. 60-day notice requirement and will provide details throughout the testing program. Part 231 .............. Part 232 .............. Part 236 .............. ddrumheller on DSK120RN23PROD with NOTICES1 Parts 240 and 242. Railroad Safety Appliance Standards— —§ 231.6(a), Handbrakes, —§ 231.6(d), End Handholds, —§ 231.6(e), Uncoupling Levers. Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices —232.103(f), (g), (j), (k), (l), (m), (n), (o), General Requirements for All Train Brake Systems. —232.205–212, Brake Tests. —232.215, Transfer Train Brake Tests. —232.303, General Requirements (for periodic maintenance). —232.305, Single Car Air Brake Tests. —232, subpart E, End-of-Train Devices. —232.503, Process to Introduce New Brake System Technology. —232.505, Pre-Revenue Service Acceptance Testing Plan. Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices, and Appliances, § 236.913 Product Safety Plan for Processor-Based Signal and Train Control Systems. Qualification and Certification of Engineers and Conductors —240.103 and 242.103 Approval of Design of Individual Railroad Programs by FRA. Recognizing that 49 CFR part 231 involves compliance with certain statutory requirements, Petitioners also request that FRA exercise its authority under 49 U.S.C. 20306 to exempt the rail equipment involved in the Program from the requirements of 49 U.S.C. 20302, which, in part, requires rail equipment to be equipped with certain safety appliances (e.g., couplers, sill steps, hand brakes, grab irons, hand appliances, and power brakes). In accordance with 49 U.S.C. 20306, FRA may exempt Petitioners from these statutory requirements based on evidence received and findings developed at a hearing demonstrating that the statutory requirements ‘‘preclude the development or implementation of more efficient railroad transportation equipment or other transportation innovations under VerDate Sep<11>2014 18:57 Jan 12, 2024 Jkt 262001 These provisions that detail the placement and design of safety appliance equipment are not applicable to this alterative Vehicle design. Certain design features of the Vehicle, including its platooning capability and alternative braking technology, are drivers of the part 232 temporary suspension requests. The Vehicles will not be coupled, and the Program will test a novel braking technology that is different than air brakes and evaluate the effectiveness of the self-monitoring capabilities of the Vehicles. The testing program includes extensive testing of the new brake system technology and will be iterative. FRA test monitoring will review the results of testing as the testing progresses through the various stages. This testing will be performed in dark territory under track warrant control. Special test provisions will be in place to protect the testing. The Vehicle is not equipped with a traditional train control system. Future development of this Vehicle will likely include interface between the locomotive electronics and a signal and train control system. The remotely directed operation of the Vehicle alters the traditional role and requirements of Engineers and Conductors. This test program will be used to determine the qualification and certification requirements for Engineers and Conductors operating a Vehicle by remotely directed operation. This testing will be performed by trained testing professionals following the test program and Safety Plan. The test program will be supported by qualified and certified Georgia Central Railway and Heart of Georgia Railroad Engineers and Conductors. existing law’’ 1 or an ‘‘agreement between national railroad labor representatives and the developer of the new equipment or technology.’’ 2 FRA views the petition as consisting of (1) a request for the temporary suspension of certain FRA regulations or waivers of compliance, and (2) a request for approval of a centralized test program that would utilize that requested relief. FRA intends to review Petitioners’ requests for temporary suspension of the above-listed regulatory requirements as petitions for waivers of compliance pursuant to 49 CFR part 211, subpart C. FRA will also review the proposed test program under 49 CFR 211.51 and will address its evaluation of the test program in a 1 49 2 Id. PO 00000 Petitioner will comply with the rest of part 229, subpart E, including being subject to FRA’s authority to audit the safety analysis any time after the System is placed in use under the Program. This temporary suspension request is predicated on the fact that the Vehicles will not have and do not need ladders, running boards or drawbars. The Petitioner will conduct inspections and tests that are functionally similar to the requirements of part 232. Analogous functional features of the novel braking technology will be inspected and tested, but inspections and tests will reference components and metrics that are relevant to the design of the novel brake technology. U.S.C. 20306(a). at (b)(2). Frm 00128 Fmt 4703 Sfmt 4703 separate decision after it completes its review of the requested waivers. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments relating to the Program, the temporary waiver of regulations, or both. If any interested party desires 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. In addition, absent an agreement under 49 U.S.C. 20306(b)(2), FRA will hold a hearing on Petitioners’ application and notice of such hearing will be published at a later date. All communications concerning these proceedings should identify Docket Number FRA–2023–0066 and may be submitted at www.regulations.gov, and follow the online instructions for submitting comments. E:\FR\FM\16JAN1.SGM 16JAN1 2710 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices Communications received by March 18, 2024 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), the U.S. Department of Transportation (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/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2024–00664 Filed 1–12–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2023–0002–N–44] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On November 2, 2023, FRA published a notice providing a 60day period for public comment on the ICR. FRA received no comments related to the proposed collection of information. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: Interested persons are invited to submit comments on or before February 15, 2024. DATES: VerDate Sep<11>2014 18:57 Jan 12, 2024 Jkt 262001 Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Ms. Joanne Swafford, Information Collection Clearance Officer, at email: joanne.swafford@dot.gov or telephone: (757) 897–9908 or arlette.mussington@ dot.gov or telephone: (571) 609–1285. SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501–3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On November 2, 2023, FRA published a 60-day notice in the Federal Register soliciting comment on the ICR for which it is now seeking OMB approval. See 88 FR 75368. FRA received no comments related to the proposed collection of information. Before OMB decides whether to approve the proposed collection of information, it must provide 30 days for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983 Aug. 29, 1995. OMB believes the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. ADDRESSES: PO 00000 Frm 00129 Fmt 4703 Sfmt 9990 The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires: Title: Workforce Development Survey. OMB Control Number: 2130–0621. Abstract: FRA has statutory responsibility to ensure the safety of railroad operations under 49 U.S.C. 20103. To conduct safe railroad operations, the workforce must have the requisite knowledge and skills to operate equipment and utilize technologies. FRA therefore seeks to promote workforce development policies and standards to ensure that the workforce has the necessary knowledge and skills to conduct safe railroad operations. Due to an increasingly dynamic and maturing workforce, combined with continual changes in knowledge and skills required to use new technologies, there is an increasing risk of not having the necessary talent pools to fill critical railroad operational positions. FRA uses this information collection to survey a select group of railroad industry personnel to gain insight into the current workforce development strategies. Type of Request: Extension without change (with changes in estimates) of a currently approved collection. Affected Public: Class I freight and passenger railroads, short line and regional railroads, labor unions, railroad associations, academia, and specialty experts. Form(s): FRA F240. Respondent Universe: 818.1 Frequency of Submission: One-time. Total Estimated Annual Responses: 258. Total Estimated Annual Burden: 107 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $4,924. FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information that does not display a currently valid OMB control number. Authority: 44 U.S.C. 3501–3520. Christopher S. Van Nostrand, Acting Deputy Chief Counsel. [FR Doc. 2024–00620 Filed 1–12–24; 8:45 am] BILLING CODE 4910–06–P 1 The respondent universe in the published 60day FR notice reflected 967. In this 30-day notice the respondent universe is 818. The change reflects the current number of short-line and regional railroads. E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2707-2710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00664]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2023-0066]

Petition for Waivers of Compliance

Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on August 10, 2023, Georgia
Central Railway, L.P. and Heart of Georgia Railroad, Inc. (Petitioners)
submitted a request to the Federal Railroad Administration (FRA) under
49 CFR 211.51 for approval of a test program, and the temporary
suspension of certain FRA safety regulations in connection with that
program (Program). Petitioners explain that the proposed test program
involves a system of a ``novel, self-propelled, zero-emission, battery-
electric rail vehicle'' (Vehicle) and its associated computer and
telemetry technology (System), manufactured by Parallel Systems, Inc.
Petitioners state that the goal of the technology is to provide smaller
freight railroads an opportunity to meaningfully compete in the short-
haul transportation of containers, and the technology also provides
``numerous public benefits for the environment, the economy, the
national highway system, and communities disproportionately impacted by
highway movement of containers.'' Petitioners contend that ``safety is
an overriding focus of the proposed program'' and the Pilot Test Safety
Plan is included in Exhibit C of the submission. Petitioners state that
the Program is ``designed to evaluate the effectiveness of the system
and new operational approaches to rail vehicle technology in the short-
haul movement of containers.''

[[Page 2708]]

FRA has conducted a preliminary review of Petitioner's application
to determine whether it meets the minimum regulatory requirements and
provides enough information to be actionable by FRA, and FRA has found
the application complete. However, upon analyzing the request, FRA has
decided to treat Petitioners' application as a request for waivers of
compliance under the relevant provisions of 49 CFR part 211. FRA will
also review Petitioners' request for a test program under 49 CFR
211.51.
FRA assigned the petition Docket Number FRA-2023-0066. A copy of
the petition, as well as any written communications concerning the
petition, is available for review online at www.regulations.gov.
Petitioners assert that suspending (waiving) certain provisions of
the Federal railroad safety regulations is necessary for the conduct of
the Program, and, accordingly, Petitioners request that FRA temporarily
suspend certain provisions of the CFR throughout the Program.
Specifically, petitioners request relief from specific regulatory
requirements during each phase of testing, as listed in the table
below:

Summary of Regulatory Relief Requested
------------------------------------------------------------------------
Regulation Petitioner
Reference summary Basis for relief comments
------------------------------------------------------------------------
Part 218, subpart D Operating In order to Alternative
Practices--Proh support testing safety
ibition Against of certain protections
Tampering with features of the designed to
Safety Devices: System, some mitigate the
Sec. Sec. Program risks
218.55-59 procedures will associated
prohibit require with the
disabling of installing, disabled
safety devices removing, functions will
or knowingly disabling, and remain
operating a bypassing operative even
train with onboard if safety
disabled safety sensors, self- devices on the
devices. diagnostic Vehicles are
devices, and disabled. The
other devices petitioner's
of the Vehicles. safety plan
(Safety Plan)
is included as
Appendix A to
the petition.
Part 229........... Locomotive In summary, the For those
Safety following aspects of the
Standards--mult design features requested part
iple provisions of the System 229 temporary
of part 229 and suspensions
require characteristics that are not
suspension of the Program predicated on
given the are directly the absence of
unique design related to the conventional
of the Vehicle part 229 features due
and the braking temporary to remotely
system. suspension directed
requests: operation, the
--Remotely platooning
Directed capability or
Operation.. the alternate
--Platooning braking
Capability.. technology of
--Alternative the Vehicle,
Braking the procedures
Technology.. and the System
design and
operational
features
explained in
the Safety
Plan will
assure safety.
229.9, Movement The provision The Vehicle
of Non- requires will be tagged
Complying tagging of the on the low
Locomotives: locomotive at voltage
Sec. certain isolation
229.9(a)(3). locations. This switch, which
Vehicle does controls power
not have a to the Vehicle
locomotive cab. computers.
229.13, Control The provision Safety Plan
of Locomotives: includes sections 2.7
Sec. 229.13. requirements and 5.4
when multiple describe the
locomotives are safety
coupled. This features of
Vehicle does the platooning
not couple. technology
that offer an
alternative
safety
standard to
traditional
coupling,
brake, and
lead
locomotive
systems.
229.15, This provision This Vehicle
Locomotives requires has designed
with Control locomotives integrity-
Units: Sec. with radio monitoring
229.15(a)(10). control units features
to be designed described in
with specific Safety Plan
self- section 5.2
diagnostics. and these
features are
part of the
test program.
229.29, Air This provision Safety Plan
Brake System defines the section 5.6
Calibration, calibration, describes the
Maintenance and maintenance, maintenance,
Testing: Sec. and testing of calibration,
229.29. locomotive and testing of
braking systems. the brake
technology
that the
Vehicles will
feature. These
features are
part of the
test program.
229.47, This provision Safety Plan
Emergency Brake states that the section 4.2
Valves: Sec. brake pipe describes the
229.47. valve must be emergency-stop
accessible to function of
members of the the Vehicles.
crew in the cab These features
other than the are part of
engineer and the test
must be program.
attached to a
wall adjacent
to an end exit
door. This
Vehicle does
not have a
locomotive cab.
229.53, Brake This provision Monitoring
Gauges: Sec. requires all associated
229.53. gauges and with movement
indicators to of the Vehicle
be located so is available
the engineer on the devices
can used to
conveniently control
read them in movements.
the locomotive These features
cab. This are part of
Vehicle does the test
not have a cab. program.
229.55, Piston This provision The Program
Travel: Sec. includes will evaluate
229.55(b). requirements of the
the brake effectiveness
cylinder. This of different
Vehicle brake
includes technology
alternative than what is
braking present on
technology. conventional
locomotives.
229.71, This provision The Vehicle
Clearance Above prohibits any will comply
Top of Rail: part or with Sec.
Sec. 229.71. appliance to be 229.71 except
less than 2.5 that if test
inches above data indicates
the top of rail. that the
Vehicle does
not reliably
activate track
circuits by
shunting,
electrical
rail contacts
may be added
less than 2.5
inches above
the top of
rail to
improve
shunting
performance
for the
testing
program.
229.115(a), (c), This provision Monitoring
Slip/Side requires associated
Alarms: Sec. audible and with movement
229.115(a) and visual alarms of the Vehicle
(c). in the cab if is available
wheels slip or on the devices
slide. This used to
Vehicle does control
not have a cab. movements.
These features
are part of
the test
program.
229.117, Speed This provision Monitoring
Indicators: requires the associated
Sec. 229.117. locomotive with movement
speed to be of the Vehicle
readable from is available
the engineer's on the devices
normal used to
position. This control
Vehicle does movements.
not have a cab. These features
are part of
the test
program.
229.119, Cabs, This provision This Vehicle
Floors, and sets does not have
Passageways: requirements a cab.
Sec. Sec. for locomotive
229.119 and cabs, floors,
229.127, Cab passageways.
Lights: Sec.
229.127.
229.131(a), This provision The Program
Sanders: Sec. requires each will evaluate
229.131(a). locomotive to the
be equipped effectiveness
with operative of different
sanders. This brake
Vehicle technology
includes than what is
alternative present on
braking conventional
technology. locomotives,
including
testing of
wheel slip and
slide.

[[Page 2709]]

229.137, These provisions This Vehicle
Sanitation, are premised does not have
General upon having a a cab.
Requirements locomotive cab.
and 229.139,
Sanitation,
Servicing
Requirements.
229.141, Body These provisions Safety Plan
Structure, MU are premised sections 2.7
Locomotives: upon the MU and 5.4
Sec. 229.141. locomotive cars describe the
being coupled safety
together. This features of
Vehicle does the platooning
not couple. technology
that offer an
alternative
safety
standard to
traditional
coupling,
brake, and
lead
locomotive
systems.
Part 229, These provisions This vehicle
subpart D, are premised does not have
Locomotive upon having a a cab.
Crashworthiness locomotive cab.
Design
Requirements:
Sec. Sec.
229.201-206.
229.311, Review Petitioner seeks Petitioner will
of Locomotive temporary comply with
Electronics suspension of the rest of
Safety Analysis the 60-day part 229,
Before Use: notice subpart E,
Sec. Sec. requirement and including
229.301-319. will provide being subject
details to FRA's
throughout the authority to
testing program. audit the
safety
analysis any
time after the
System is
placed in use
under the
Program.
Part 231........... Railroad Safety These provisions This temporary
Appliance that detail the suspension
Standards-- placement and request is
--Sec. design of predicated on
231.6(a), safety the fact that
Handbrakes,. appliance the Vehicles
--Sec. equipment are will not have
231.6(d), End not applicable and do not
Handholds,. to this need ladders,
--Sec. alterative running boards
231.6(e), Vehicle design. or drawbars.
Uncoupling
Levers..
Part 232........... Brake System Certain design The Petitioner
Safety features of the will conduct
Standards for Vehicle, inspections
Freight and including its and tests that
Other Non- platooning are
Passenger capability and functionally
Trains and alternative similar to the
Equipment; End- braking requirements
of-Train technology, are of part 232.
Devices drivers of the Analogous
--232.103(f), part 232 functional
(g), (j), (k), temporary features of
(l), (m), (n), suspension the novel
(o), General requests. The braking
Requirements Vehicles will technology
for All Train not be coupled, will be
Brake Systems.. and the Program inspected and
--232.205-212, will test a tested, but
Brake Tests.. novel braking inspections
--232.215, technology that and tests will
Transfer Train is different reference
Brake Tests.. than air brakes components and
--232.303, and evaluate metrics that
General the are relevant
Requirements effectiveness to the design
(for periodic of the self- of the novel
maintenance).. monitoring brake
--232.305, capabilities of technology.
Single Car Air the Vehicles.
Brake Tests.. The testing
--232, subpart program
E, End-of-Train includes
Devices.. extensive
--232.503, testing of the
Process to new brake
Introduce New system
Brake System technology and
Technology.. will be
--232.505, Pre- iterative. FRA
Revenue Service test monitoring
Acceptance will review the
Testing Plan.. results of
testing as the
testing
progresses
through the
various stages.
Part 236........... Rules, This testing Future
Standards, and will be development of
Instructions performed in this Vehicle
Governing the dark territory will likely
Installation, under track include
Inspection, warrant interface
Maintenance, control. between the
and Repair of Special test locomotive
Signal and provisions will electronics
Train Control be in place to and a signal
Systems, protect the and train
Devices, and testing. The control
Appliances, Vehicle is not system.
Sec. 236.913 equipped with a
Product Safety traditional
Plan for train control
Processor-Based system.
Signal and
Train Control
Systems.
Parts 240 and 242.. Qualification The remotely This testing
and directed will be
Certification operation of performed by
of Engineers the Vehicle trained
and Conductors alters the testing
--240.103 and traditional professionals
242.103 role and following the
Approval of requirements of test program
Design of Engineers and and Safety
Individual Conductors. Plan. The test
Railroad This test program will
Programs by FRA. program will be be supported
used to by qualified
determine the and certified
qualification Georgia
and Central
certification Railway and
requirements Heart of
for Engineers Georgia
and Conductors Railroad
operating a Engineers and
Vehicle by Conductors.
remotely
directed
operation.
------------------------------------------------------------------------

Recognizing that 49 CFR part 231 involves compliance with certain
statutory requirements, Petitioners also request that FRA exercise its
authority under 49 U.S.C. 20306 to exempt the rail equipment involved
in the Program from the requirements of 49 U.S.C. 20302, which, in
part, requires rail equipment to be equipped with certain safety
appliances (e.g., couplers, sill steps, hand brakes, grab irons, hand
appliances, and power brakes). In accordance with 49 U.S.C. 20306, FRA
may exempt Petitioners from these statutory requirements based on
evidence received and findings developed at a hearing demonstrating
that the statutory requirements ``preclude the development or
implementation of more efficient railroad transportation equipment or
other transportation innovations under existing law'' \1\ or an
``agreement between national railroad labor representatives and the
developer of the new equipment or technology.'' \2\
---------------------------------------------------------------------------

\1\ 49 U.S.C. 20306(a).
\2\ Id. at (b)(2).
---------------------------------------------------------------------------

FRA views the petition as consisting of (1) a request for the
temporary suspension of certain FRA regulations or waivers of
compliance, and (2) a request for approval of a centralized test
program that would utilize that requested relief. FRA intends to review
Petitioners' requests for temporary suspension of the above-listed
regulatory requirements as petitions for waivers of compliance pursuant
to 49 CFR part 211, subpart C. FRA will also review the proposed test
program under 49 CFR 211.51 and will address its evaluation of the test
program in a separate decision after it completes its review of the
requested waivers.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments relating to the Program,
the temporary waiver of regulations, or both. If any interested party
desires 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. In addition, absent an agreement
under 49 U.S.C. 20306(b)(2), FRA will hold a hearing on Petitioners'
application and notice of such hearing will be published at a later
date.
All communications concerning these proceedings should identify
Docket Number FRA-2023-0066 and may be submitted at
www.regulations.gov, and follow the online instructions for submitting
comments.

[[Page 2710]]

Communications received by March 18, 2024 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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of
regulations.gov.

Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-00664 Filed 1-12-24; 8:45 am]
BILLING CODE 4910-06-P

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