
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17327-17328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07015]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0126]


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 December 19, 2016, the Capital Metropolitan Transportation 
Authority (CMTA) has petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations for the purchase of four new railcars from 
Stadler Bussnang AG. Specifically, CMTA is requesting relief from 49 
CFR part 229, Railroad Locomotive Safety Standards (229.47, 229.71, 
229.135(b)(4)(xviii) and (xix)); 49 CFR part 231, Railroad Safety 
Appliance Standards (231.14(a)(2), (b)-(d), (f), (g)); and 49 CFR part 
238, Passenger Equipment Safety Standards (238.305, 238.229, 
238.230(d), and 238.309(b)). FRA assigned the petition Docket Number 
FRA-2016-0028.
    The Capital Metro commuter rail system consists of a single rail 
line, known as the Red Line, running from downtown Austin, TX, to 
Austin's northern suburbs, a distance of 32 miles. The Red Line service 
began in March 2010. The current operation serves nine stations with a 
fleet of six diesel multiple unit (DMU) rail vehicles designated as 
model G1 GTWs, manufactured by Stadler Bussnag AG. Due to steadily 
increasing ridership and a desire to enhance service, Capital Metro 
will be adding four additional DMUs, manufactured by Stadler and 
designated model G4 GTW.
    The Stadler G4 GTW DMUs are based on the G2 GTW DMUs, which are 
currently operating at the Denton County Transportation Authority in 
Denton, TX. The new vehicles are designed and built to current European 
design and regulatory standards, which differ in several areas from 
current U.S. design standards and regulations. Capital Metro believes 
that the design characteristics of the Stadler G4 GTW vehicles provide 
an equivalent or higher level of safety and security to the passengers 
and crew.
    Capital Metro has organized its regulatory compliance efforts into 
two distinct but related parts: Part 1 represents the ``base'' 
compliance assessment effort (this petition) and Part 2 represents a 
separate petition to utilize Alternative Vehicle Technology 
crashworthiness technology as outlined in ``Technical Criteria and 
Procedures for Evaluating the Crashworthiness and Occupant Protection 
Performance of Alternatively-Designed Passenger Rail Equipment for Use 
in Tier I Service'' and the recent notice of proposed rulemaking (NPRM) 
on Passenger Equipment Safety Standards; Standards for Alternative 
Compliance and High-Speed Trainsets NPRM (81 FR 88006, December 6, 
2016).
    Noting that certain provisions in 49 CFR part 231 pertaining to 
safety appliances are statutorily required, and therefore not subject 
to FRA's waiver authority, CMTA also requested that FRA exercise its 
authority under 49 U.S.C. 20306 to exempt CMTA from certain provisions 
of Chapter 203, Title 49 of the United States Code because the G4 GTW 
DMU vehicles will be equipped with their own array of safety devices 
resulting in equivalent safety.
    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 parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.

[[Page 17328]]

    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 May 25, 2017 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-07015 Filed 4-7-17; 8:45 am]
 BILLING CODE 4910-06-P


