
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57430-57432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24052]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0078]


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 24, 2015, North American Transit Services Association, a 
subsidiary of the American Public Transportation Association (APTA), 
has petitioned the Federal Railroad Administration (FRA) for a waiver 
of compliance from certain

[[Page 57431]]

provisions of the Federal railroad safety regulations contained at 49 
CFR parts 238--Passenger Equipment Safety Standards and 229--Railroad 
Locomotive Safety Standards. Specifically, APTA requests relief from 49 
CFR 238.105--Train electric hardware and software safety, which 
requires a written hardware and software safety program to guide the 
design, development, testing, integration, and verification of software 
and hardware that controls or monitors equipment safety functions. APTA 
also requests relief from 49 CFR 238.107--Inspection, testing and 
maintenance plan; 238.109--Training, qualification and designation 
program; 238.311--Single car test; 229.315--Operations and maintenance 
manual; 229.317--Training and qualification program; and 229.319--
Operating personnel training. FRA assigned the petition Docket Number 
FRA-2015-0078.
    APTA and its industry partners with support from Amtrak, leveraged 
standards developed for freight electronically controlled pneumatic 
brakes (see 49 CFR part 232, subpart G-Electronically Controlled 
Pneumatic (ECP) Braking Systems) and have completed major efforts 
toward introduction of ECP brake technology for use in revenue 
passenger train service. Standards and regulations do not yet exist for 
ECP brake systems applied to passenger trains; however, in support of 
the development of standards and regulations, APTA and industry have 
completed the following major activities:
    1. Written a draft standard based on Association of American 
Railroads S-4200 series standards used for freight ECP applications, 
and incorporated by reference in 49 CFR part 232, subpart G.
    2. Conducted a detailed preliminary Failure Mode Effects and 
Criticality Analysis to support the development of an eventual train 
electric software and safety program in compliance with 49 CFR 238.105.
    3. Successfully installed and completed static testing of (2) New 
York Air Brake and (2) Wabtec ECP control valves on four Amtrak 
Amfleet-1 coach cars.
    4. Successfully operated these cars in revenue trains consisting of 
ECP cars operating in emulation mode with traditional 26-C control 
valve-fitted coaches.
    5. Established a test committee to monitor the development process 
and peer review all aspects of testing and provide assurance of safe 
operating practices.
    6. Drafted a test plan for full ECP operation in accordance with 49 
CFR 238.111--Pre-revenue service acceptance testing plan. Further 
details of this plan will be developed by the test committee prior to 
finalizing the test plan and the conduct of any testing.
    At this stage in development, dynamic tests of the full ECP brake 
system are needed to verify performance and to aid in developing 
industry standards and regulations for ECP design, operation and 
maintenance for use on passenger trains. To conduct these tests, APTA 
requests a test waiver that addresses the specified areas in accordance 
with the provisions of 49 CFR 238.111. During this testing, while 
approved specifications and standards are being defined based on test 
results to comply with the requirement of 49 CFR 238.105, it is 
requested that an interim passenger train hardware and software design 
process, documentation, testing, and monitoring process be used based 
on Amtrak test procedures, specific test plans outlined by the test 
committee, and by brake supplier ECP performance information. To 
provide alternate compliance with 49 CFR 238.107, 238.109, 229.315, 
229.317, and 229.319, it is requested that an interim Amtrak operations 
and training manual be used. Development of compliant operations 
training and maintenance practices will be finalized after completion 
of ECP brake testing, as these will evolve based on experience from on-
track pre-revenue and revenue testing. Amtrak will develop draft 
operating guidelines to permit safe operation of closely monitored ECP 
brake testing to be approved by the test committee. Amtrak will provide 
amended operating rules to govern safe train handling procedures 
related to ECP brake systems and related equipment for the specific 
route in which testing will occur in accordance with 49 CFR 238.107, 
and Amtrak will submit a list of locations on its system where ECP 
brake system repairs may be performed in accordance with 49 CFR 
238.111. A passenger train equipped with ECP brake system must be 
inspected before being released from a shop or repair facility to 
ensure proper and safe condition.
    APTA also requests that an interim single car brake test for ECP be 
used during this testing while specifications, standards, and 
regulations are being further defined based on test results. The single 
car brake test incorporated by reference at 49 CFR 238.311 (APTA SS-M-
005-98 Rev. 2.1, Section 14.5) permits brake suppliers to define 
specific testing procedures for electro-pneumatic controlled brakes. In 
preparation of pre-revenue and revenue testing of full ECP brake 
systems, each brake supplier will develop specific single car brake 
test procedures to ensure safe operation of the ECP units. The test 
procedures, based on the current standard, will be reviewed by the test 
committee. Further development may be needed to codify a unifying 
specific APTA standard for single car brake testing, updating APTA SS-
M-005-98 Rev 2.1.
    A copy of the petition and all attachments, as well as any written 
communications concerning the petition, is available for review online 
at www.regulations.gov and in person at the 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 November 9, 2015 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

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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.

    Issued in Washington, DC, on September 16, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-24052 Filed 9-22-15; 8:45 am]
 BILLING CODE 4910-06-P


