
[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]
 BILLING CODE 4910-06-P


