[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61134-61135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24537]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0066]


Petition for Waiver of Compliance and Notice of Public Hearing

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by a letter dated April 23, 
2019, the National Railroad Passenger Corporation (Amtrak) petitioned 
the Federal Railroad Administration (FRA) for an exemption from certain 
requirements of chapter 203, title 49 of the United States Code 
(U.S.C.). FRA assigned the petition Docket Number FRA-2019-0066.
    Amtrak's request for relief relates to its planned operation of new 
high-speed trainsets built to Tier III passenger equipment safety 
standards (49 CFR part

[[Page 61135]]

238, subpart H) and intended to be operated at speeds above 125 miles 
per hour. This equipment is the subject of a separate FRA waiver 
proceeding in Docket Number FRA-2014-0124.
    In its April 23, 2019, request, Amtrak asks FRA to exercise its 
authority under 49 U.S.C. 20306 to exempt this new passenger equipment 
from the requirements of 49 U.S.C. 20302, mandating that railroad 
vehicles be equipped with (1) secure sill steps and efficient hand 
brakes; (2) secure grab irons or handholds on vehicle ends and sides 
for greater security to individuals coupling and uncoupling vehicles; 
and (3) the standard height of drawbars. See 49 U.S.C. 20302(a)(1)(B), 
(a)(2), and (a)(3).
    In support of its request for relief, Amtrak notes that in lieu of 
handbrakes, the trainsets will be equipped with spring actuated parking 
brake technology that can be manually set or released from the 
engineer's control stand from an active cab and automatically applied 
when there is no active cab in the train or there is a loss of 
trainline brake continuity. Amtrak further notes that grab irons and 
handholds on the ends and sides of the subject equipment are not 
required for the security or safety of individuals coupling and 
uncoupling the vehicles because by design, the individual passenger 
vehicles and power cars can only be disconnected from each other in 
repair facilities where personnel can work on, under, or between units 
under protections afforded by 49 CFR part 218, subpart B. In addition, 
Amtrak asserts that side steps, end handholds, and side handholds are 
not required at the leading and trailing ends of high-speed trainsets 
because the trainsets are equipment with technology for the safe 
coupling of one trainset to another (i.e., each end will have automatic 
self-centering couplers that couple to other trainsets on impact and 
uncouple by mechanisms that do not require a person to go between 
trainsets or the activation of a traditional uncoupling lever). 
Finally, Amtrak asserts that because the equipment is a fixed train 
consist in which individual vehicles are semi-permanently coupled and, 
as noted above, individual vehicles can only be disconnected in repair 
facilities where personnel can work on, under, or between units under 
protections afforded by 49 CFR part 218, subpart B, having drawbars at 
the statutorily-prescribed height is unnecessary. Further, as this 
technology is intended to operate at high-speeds, the inclusion of 
these appurtenances would have a significant and detrimental impact on 
the aerodynamics of the trainset. This increase in the aerodynamic 
footprint would negatively impact both efficiency and aerodynamic noise 
emissions. In sum, Amtrak asserts that requiring compliance with the 
identified statutory requirements would ``serve as an impediment to the 
introduction of the advanced technology represented by the trainset 
design.''
    Under 49 U.S.C. 20306, FRA may exempt Amtrak from the above-
identified statutory requirements based on evidence received and 
findings developed at a hearing demonstrating that the statutory 
requirements ``preclude the development or implementation of more 
efficient railroad transportation equipment or other transportation 
innovations under existing law.'' Accordingly, to receive evidence and 
develop findings to determine whether FRA should invoke its 
discretionary authority under 49 U.S.C. 20306 in this instance, a 
public hearing is scheduled for December 11, 2019, at 9 a.m., at the 
National Association of Home Builders, 1201 15th St. NW, Washington, DC 
20005. Interested parties are invited to present oral statements at the 
hearing.
    For information on facilities or services for persons with 
disabilities or to request special assistance at the hearing, contact 
FRA Staff Director, Motive Power and Equipment Division, Gary 
Fairbanks, by telephone, email or in writing, at least five business 
days before the date of the hearing. Mr. Fairbanks' contact information 
is as follows: FRA, Office of Railroad Safety, 1200 New Jersey Ave. SE, 
Washington, DC 20590; telephone 202-493-6322; email 
Gary.Fairbanks@dot.gov.
    The hearing will be informal and will be conducted by a 
representative designated by FRA in accordance with FRA's Rules of 
Practice (49 CFR 211.25). The hearing will be a non-adversarial 
proceeding; therefore, there will be no cross examination of persons 
presenting statements. The FRA representative will make an opening 
statement outlining the scope of the hearing. After all initial 
statements have been completed, those persons wishing to make a brief 
rebuttal will be given the opportunity to do so in the same order in 
which initial statements were made. Additional procedures, as necessary 
for the conduct of the hearing, will be announced at the hearing.
    The petitioner should be present at the hearing and prepared to 
present evidence that any requirements of chapter 203, title 49, 
U.S.C., for which exemption is sought ``preclude the development or 
implementation of more efficient railroad transportation equipment or 
other transportation innovations under existing law.''
    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 participating in the hearing and/or submitting written views, data, 
or comments to the FRA docket identified above.
    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 Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by December 26, 2019 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.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-24537 Filed 11-8-19; 8:45 am]
 BILLING CODE 4910-06-P


