Notice2024-17564
Petition for Extension of Waiver of Compliance
Primary source
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Published
August 8, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 89 Issue 153 (Thursday, August 8, 2024)</title>
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[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 65008-65009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17564]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2006-25040]
Petition for Extension of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter received on April
12, 2024, Capital Metropolitan Transportation Authority (CMTY)
petitioned the Federal Railroad Administration (FRA) for an extension
of a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 222 (Use of
Locomotive Horns at Public Highway-Rail Grade Crossings), part 229
(Railroad Locomotive Safety Standards), part 231 (Railroad Safety
Appliance Standards), part 234 (Grade Crossing Safety), and part 238
(Passenger Equipment Safety Standards). The relevant Docket Number is
FRA-2006-25040.
Specifically, CMTY requested to extend its existing relief for its
commuter rail system that connects downtown Austin, Texas, with
Austin's northern suburbs along 32 miles with 9 stations. CMTY seeks to
continue operating a fleet of 6 Stadler GTW diesel multiple unit (DMU)
rail vehicles that have operated on the line since 2010. CMTY requests
extended relief from the following regulations:
<bullet> Sec. 222.21(b), (d), When must a locomotive horn be used?
<bullet> Sec. Sec. 229.29(c)(3) and (e), Air brake system calibration,
maintenance, and testing; and 238.309(b), Periodic brake equipment
maintenance
<bullet> Sec. Sec. 229.31, Main reservoir tests; 229.49(b), Main
reservoir system; and 229.51(a)(3) and (4), Aluminum main reservoirs
<bullet> Sec. Sec. 229.47(b), Emergency brake valve; and
238.305(c)(5), Interior calendar day mechanical inspection of passenger
cars
<bullet> Sec. 229.71, Clearance above top of rail
<bullet> Sec. 229.135(b)(4)(xviii) and (xix), Event recorders
<bullet> Sec. 231.14(a)-(d), (f), and (g), Passenger-train cars
without end platforms; Sec. 238.229, Safety appliances--general
<bullet> Sec. 238.103, Fire safety
<bullet> Sec. 238.121(c)(2), Emergency communication
<bullet> Sec. 238.223(a), Locomotive fuel tanks; and part 238,
appendix D, Requirements for External Fuel Tanks on Tier I Locomotives
In support of its request, CMTY explained that their vehicles
demonstrate ``an equivalent level of safety and compliance,'' given the
Alternative Vehicle Technology final rule amendments in 49 CFR part
238. CMTY also noted that in this renewal request, they are seeking
relief from fewer specific regulatory provisions than previously
granted for this fleet of vehicles.
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>.
[[Page 65009]]
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 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Follow the online instructions for submitting comments.
Communications received by October 7, 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 the U.S. Department of
Transportation's (DOT) 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. 2024-17564 Filed 8-7-24; 8:45 am]
BILLING CODE 4910-06-P
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