
[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Page 54952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21691]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0080]


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 July 19, 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-2013-0080.
    In its petition, AAR seeks a waiver of compliance from 49 CFR 
232.207, Class IA brake tests--1,000-mile inspection. Excluding 49 CFR 
232.213, the current rule states that each train shall receive a Class 
1A brake test performed by a qualified person, as defined in Sec.  
232.5, at a location that is not more than 1,000 miles from the point 
where any car in the train last received a Class 1 or 1A brake test. 
AAR petitioned FRA for a 1-year limited waiver for the purpose of 
demonstrating that a subsequent permanent waiver will improve safety 
and eliminate unnecessary costs to the industry.
    Through a limited pilot effort AAR intends to demonstrate the 
effectiveness of using wayside wheel temperature detector (WTD) data to 
ensure safe braking performance. The focus of this pilot will be the 
normal revenue service coal trains running on the Union Pacific 
Railroad between Wyoming's Powder River Basin and an unloading facility 
at White Bluff, AR, which is a round trip of approximately 2,600 miles. 
The WTD that monitors the system is located at Sheep Creek, WY. Each 
test train will receive a Class 1 brake test in accordance with Sec.  
232.205 and a pre-departure inspection in accordance with Sec.  215.13 
at North Platte, NE. The trains will leave North Platte and travel to a 
coal loading facility in the Powder River Basin. On the return trip, 
the trains will pass the WTD monitors at Sheep Creek for a braking 
performance recording. They will continue through Van Buren, AR, and 
then to an unloading facility in White Bluff, AR. The train cars will 
return to the terminus at North Platte via Van Buren.
    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 Ave. 
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 October 21, 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).

    Issued in Washington, DC.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-21691 Filed 9-5-13; 8:45 am]
BILLING CODE 4910-06-P


