[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11347-11348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04670]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0180]
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 February 9, 2016, the Denton County Transportation Authority
(DCTA) has petitioned the Federal Railroad Administration (FRA) for an
extension of its existing waiver of compliance from certain provisions
of the Federal railroad safety regulations. Specifically, DCTA is
requesting an extension of its existing relief from the following parts
and specific regulations of 49 CFR part 238, Passenger Equipment Safety
Standards (Sections 238.115, 238.121, 238.223, 238.305, 238.309, and
Appendix D); Part 229, Railroad
[[Page 11348]]
Locomotive Safety Standards (Sections 229.31, 229.51, 229.47, 229.71,
229.135, and Appendix D); Part 231, Railroad Safety Appliance Standards
(Section 231.14); and Part 239, Passenger Train Emergency Preparedness
(Section 239.101). FRA assigned the petition Docket Number FRA-2010-
0180.
DCTA operates its ``A-train'' commuter rail service along a 21.3-
mile corridor adjacent to and parallel with Interstate 35 between
Dallas, TX, and Denton, TX, featuring six station stops. The commuter
rail operation is contracted to Herzog for vehicle and right-of-way
maintenance, dispatching services, dispatching, and operations. The
corridor also has a currently active freight operation served by the
Dallas Garland and Northeastern Railroad, which provides freight
service to customers in the Lewisville, TX, area. The passenger
operations are temporally separated from freight operations through a
plan on file with FRA using interlocked derails on the southern
terminus and stub-end track on the northern terminus. In its extension
request, DTCA states that a real-time shunt monitoring system is being
installed in conjunction with Positive Train Control.
DCTA operates Stadler diesel multiple-unit (DMU) vehicles
constructed to meet European safety standards for crashworthiness and
related safety measures. As asserted in its original petition, DCTA
chose these vehicles because DCTA believes that they offer an
equivalent or higher level of safety, security, and performance to the
passenger and crew than conventional FRA-compliant equipment.
In a July 13, 2011, decision letter, FRA granted relief from the
Federal railroad safety regulations listed above. Additionally, FRA
invoked its authority under 49 U.S.C. 20306 to exempt DCTA from the
requirements of 49 U.S.C. 20302 for sill steps and end handholds. The
current waiver expires on July 13, 2016.
FRA notes that this docket number includes a separate permanent
decision letter dated May 31, 2012, which was granted in accordance
with FRA's October 2011 final report and guidelines on ``Technical
Criteria and Procedures for Evaluating the Crashworthiness and Occupant
Protection Performance of Alternatively Designed Passenger Rail
Equipment for Use in Tier I Service,'' issued by the Engineering Task
Force (ETF). This letter, known as the ``Alternatively Designed Vehicle
(AVT)'' waiver, was granted to DCTA for use of its Stadler GTW 2/6
DMUs, finding that they are in compliance with crashworthiness criteria
contained in the ETF guidelines. DCTA is not requesting any
modification of the conditions contained in that decision letter.
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 (DOT) 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:
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 April 18, 2016 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.).
In accordance with 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 www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-04670 Filed 3-2-16; 8:45 am]
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