
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Page 40395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14534]


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 DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0018]


Notice of Public Hearing for Statutory Exemption

    On March 21, 2016, the Federal Railroad Administration (FRA) 
published a notice in the Federal Register (81 FR 15146) regarding the 
Association of American Railroads' (AAR) request for a waiver of 
compliance and statutory exemption from certain provisions of Title 49 
Code of Federal Regulations (CFR) Part 232-Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment; 
End-of-Train Devices. Specifically, AAR petitioned FRA for a waiver of 
compliance from 49 CFR 232.213-Extended haul trains, 49 CFR 232.15-
Movement of defective equipment, and 49 CFR 232.103(f)-General 
requirements for all train brake systems; and requests a statutory 
exemption to 49 U.S.C. 20303-Moving defective and insecure vehicles 
needing repairs, for the purposes of conducting testing to demonstrate 
the effectiveness of using wayside wheel temperature detector data to 
ensure safe braking performance. This petition was assigned Docket 
Number FRA-2016-0018.
    Pursuant to 49 U.S.C. 20306-Exemption for technological 
improvements, AAR has requested a hearing during which evidence can be 
developed for a statutory exemption to 49 U.S.C. 20303. Accordingly, a 
hearing is scheduled to begin at 10 a.m. September 13, 2016, at the 
National Housing Center, National Association of Home Builders, 1201 
15th Street NW., Washington, DC 20005. Interested parties are invited 
to present oral statements at this hearing. For information on 
facilities or services for persons with disabilities, or to request 
special assistance at the hearing, contact Mr. Steven Zuiderveen, FRA 
Railroad Safety Specialist, by telephone, email, or in writing, at 
least 5 business days before the date of the hearing. Mr. Zuiderveen's 
contact information is as follows: FRA, Office of Railroad Safety, Mail 
Stop 25, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493-
6337; Steven.Zuiderveen@dot.gov. The informal hearing will be conducted 
by a representative designated by FRA in accordance with FRA's Rules of 
Practice (see specifically 49 CFR 211.25). FRA's representative will 
make an opening statement outlining the scope of the hearing, as well 
as any additional procedures for the conduct of the hearing. The 
hearing will be a non-adversarial proceeding in which all interested 
parties will be given the opportunity to express their views regarding 
the waiver petition without cross examination. After all initial 
statements have been completed, those individuals wishing to make brief 
rebuttal statements will be given an opportunity to do so.
    In addition, FRA is extending the comment period for this waiver 
petition to October 13, 2016, to allow adequate time for any additional 
comments to be submitted following the public hearing scheduled for 
September 13, 2016.
    Communications received by that date will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable. 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 (DOT), 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.
    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. 2016-14534 Filed 6-20-16; 8:45 am]
 BILLING CODE 4910-06-P


