[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4726-4727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01962]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0006]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on January 5, 2018, Northern Plains 
Railroad (NPR), 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 229. FRA assigned 
the petition Docket Number FRA-2018-0006.
    Specifically, NPR seeks a waiver of compliance from a portion of 49 
CFR 229.47, Emergency brake valve, for five SD60F locomotives (Numbers 
5513,

[[Page 4727]]

5517, 5518, 5525, and 5535) that were purchased from Canadian National 
Railway (CN). These units do not have the required emergency brake 
valve installed at the rear exit door.
    NPR is a regional railroad operating on a 350-mile network in North 
Dakota and western Minnesota. NPR's primary commodities handled include 
wheat, soybeans, corn, aggregates, and miscellaneous industrial 
products. The maximum operating speed on the NPR is 25 miles per hour. 
NPR has had no history of vandalism, two reportable train accidents 
since 2013, and an injury frequency rate of under one percent for the 
last two years. NPR indicates that these units will be used in road 
service and will be paired together. NPR does not see this waiver of 
compliance adversely affecting safety.
    NPR believes that 49 CFR 229.47 was established to provide a crew 
member a means of initiating an emergency stop when they are unable to 
give the locomotive operator a visual signal to stop while making a 
reverse movement. This would only apply to locomotives that do not have 
an exposed walkway on the end of the car body. The five full body 
locomotives are all equipped with a walkway and corner steps that 
provide a position for crew to direct the locomotive engineer while 
making a reverse movement. Because these end platforms, which are 
identical to that of a regular body locomotive, are available and 
equipped with corner steps, NPR crews would not place themselves inside 
the locomotive engine compartment to direct a reverse movement, thereby 
making the application of this emergency brake valve meaningless. 
Therefore, NPR is requesting a waiver from the requirement that an 
emergency brake pipe valve be installed adjacent to the rear door for 
these five units.
    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.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Website: 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 March 19, 2018 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can 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.). 
Under 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.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-01962 Filed 1-31-18; 8:45 am]
 BILLING CODE 4910-06-P


