Notice2021-15603
Petition for Waiver of Compliance
Primary source
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Published
July 22, 2021
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Page 38789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15603]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2021-0069]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on May 28, 2021, Dallas Area
Rapid Transit (DART) petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR parts 229 (Railroad
Locomotive Safety Standards), 231 (Railroad Safety Appliance
Standards), and 238 (Passenger Equipment Safety Standards), and an
exemption from certain requirements of chapter 203, title 49 of the
United States Code (U.S.C.). FRA assigned the petition Docket Number
FRA-2021-0069.
Specifically, DART requests special approval for certain design
elements of its Stadler FLIRT 3 diesel multiple unit (DMU) railcars
that do not comply with FRA regulations. DART seeks relief from 49 CFR
229.47(b), Emergency brake valve; 231.14(a)(2), (b)-(d), (f), and (g),
Passenger-train cars without end platforms; and 238.305(c)(5), Interior
calendar day mechanical inspection of passenger cars. DART also
requests that FRA exercise its authority under 49 U.S.C. 20306 to
exempt the DMUs from the requirements of 49 U.S.C. 20302, which, in
part, mandates that railroad vehicles be equipped with (1) couplers
that couple automatically by impact, and are capable of being
uncoupled, without individuals having to go between the ends of
equipment; and (2) secure sill steps and grab irons or handholds on the
vehicle's ends and sides for greater security to individuals coupling
and uncoupling the vehicle. See 49 U.S.C. 20302(a)(1)(A), (B), and
(a)(2).
Section 20306 authorizes FRA to exempt rail equipment from the
requirements of 49 U.S.C. chapter 203, including Section 20302, when
those requirements ``preclude the development or implementation of more
efficient railroad transportation equipment or other transportation
innovations under existing law.'' Section 20306 requires FRA to base
any such exemption on either (1) findings developed at a hearing, or
(2) an agreement between labor and the developer of the equipment.
FRA has previously held Section 20306 hearings for equipment
substantially similar to the FLIRT 3 DMUs.\1\ The equipment was also
proposed to be operated in substantially similar operating environments
to that which DART proposes in this docket.\2\ As a result, FRA finds
that holding a public hearing under Section 20306 in response to DART's
current exemption request is not necessary and FRA intends to rely on
the findings from these previous hearings when considering DART's
current exemption request.
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\1\ See FRA Docket Nos. FRA-2019-0066 (Amtrak) and FRA-2019-0068
(Texas Central Railroad); see also 85 FR 69700 (Nov. 3, 2020). Both
FRA dockets are available for review on <a href="http://www.regulations.gov">www.regulations.gov</a>.
\2\ Id.
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A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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 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.
All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
<bullet> Website: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
Communications received by September 7, 2021 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of <a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-15603 Filed 7-21-21; 8:45 am]
BILLING CODE 4910-06-P
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