[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46680-46681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18501]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2013-0063]
Petition for Waiver of Compliance
In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated June 6, 2013, the Association of American Railroads (AAR), on
behalf of itself and its member railroads, has 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 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment; End-of-Train Devices. FRA assigned the
petition Docket Number FRA-2013-0063.
Specifically, AAR seeks a waiver of compliance from Part 232,
Appendix B, Part 232 Prior to May 31, 2001 as Clarified Effective April
10, 2002, 232.17(b)(2). This section states that brake equipment on
passenger cars must be cleaned, repaired, lubricated, and tested as
often as necessary to maintain it in a safe and suitable condition for
service but not less frequently than as required in Standard S-045 in
the Manual of Standards and Recommended Practices (MSRP) of the AAR.
AAR petitioned FRA for a 5-year waiver so that AAR Standard S-4045 may
be used in lieu of the obsolete Standard S-045 for the frequency
requirements referenced in 49 CFR Part 232, Appendix B.
AAR's Braking Systems Committee recently revised S-4045's Section
E, Passenger Equipment Maintenance Requirements of the AAR MSRP. The
revisions include a revised definition for a passenger equipment car as
``[R]ail rolling equipment that is used only for excursions,
recreational, or private transportation purposes (such as a vehicle
designed to carry railroad personnel). It does not apply to a passenger
car intended for use by members of the general public as defined in US
DOT-FRA Title 49, Code of Federal Regulations, Part 238.'' This
definition serves to address private passenger cars, particularly those
operated by freight railroads that may be handled in either freight or
passenger trains. Additionally, the revised standard aligns the
requirements for air brake periodic attention with 49 CFR 238.309,
Periodic brake equipment maintenance, to eliminate confusion for air
brake dates on equipment that may be subject to both Part 238 and non-
Part 238 service, i.e., passenger equipment that may be handled in
either freight or passenger trains. Passenger equipment has operated in
this dual service since 1999 with no significant difference in the
numbers of defects found in D-22 and 26-C valve components between the
service modes. Finally, S-4045 includes a clarification for the use of
freight valves on passenger equipment by addressing the use of Rule 3
of the Field Manual of the AAR Interchange Rules as the proper
reference for the maintenance of freight valves used on passenger
equipment. The change recommended in this waiver request maintains
existing safety levels and lessens compliance confusion by allowing
uniform periodic inspection dates for railroad and privately owned
passenger equipment, whether operating in a freight train, private
train, or a Part 238 passenger train. It also maintains safety while
reducing unnecessary costs.
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 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 party
desires an opportunity for oral comment, 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:
[[Page 46681]]
Web site: http://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 September 16, 2013 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
Anyone is able to 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.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-18501 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-06-P