Notice2024-00664
Petition for Waivers of Compliance
Primary source
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Published
January 16, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 89 Issue 10 (Tuesday, January 16, 2024)</title>
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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2707-2710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00664]
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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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
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\
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\1\ 49 U.S.C. 20306(a).
\2\ Id. at (b)(2).
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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
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <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. 2024-00664 Filed 1-12-24; 8:45 am]
BILLING CODE 4910-06-P
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