[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Proposed Rules]
[Pages 52536-52537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18169]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 229, 232, and 238

[Docket No. FRA-2006-26175, Notice No. 2]
RIN 2130-AB84


Electronically Controlled Pneumatic Brake Systems

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of public hearings and technical conference.

-----------------------------------------------------------------------

SUMMARY: By notice of proposed rulemaking (NPRM) published on September 
4, 2007 (71 FR 50820), FRA proposed revisions to the regulations 
governing the power braking systems and equipment used in freight and 
other non-passenger railroad train operations. The proposed revisions 
are intended to permit and promote the implementation of electronically 
controlled pneumatic (ECP) brake systems in a safe and effective 
manner. In that proposed rule, FRA stated that it would hold an oral 
public hearing on a date to be announced in a forthcoming notice, at 
which the Administrator or his delegated representative may preside. 
This document announces public hearings and a technical roundtable 
discussion.

DATES: (1) Public Hearings: Two public hearings will be held on the 
dates and at the locations listed below to provide interested parties 
the opportunity to comment on the proposed revisions contained in the 
NPRM. A technical roundtable will be held in conjunction with the 
second hearing. The dates of the public hearings are as follows:

Thursday, October 4, 2007, at 9:30 a.m. in Washington, DC.
Friday, October 19, 2007, at 8:30 a.m. in the Chicago, Illinois area.

    (2) Technical Roundtable: A technical roundtable will be held on 
Friday, October 19, 2007, directly following the public hearing 
scheduled for that day. The technical roundtable is intended to provide 
interested parties the opportunity to comment on the proposed revisions 
contained in the NPRM and to provide interested parties the ability to 
specifically discuss various technical issues related to the 
implementation and operation of ECP brake systems.

ADDRESSES: (1) Public Hearings: Hearings to provide interested parties 
the opportunity to comment on the proposed revisions contained in the 
NPRM will be held at these locations:
    Washington, DC: Washington Plaza Hotel, 10 Thomas Circle, NW., 
Washington, DC 20005.
    Chicago, IL area: Crowne Plaza Chicago O'Hare, 5440 North River 
Road, Rosemont, IL 60018.
    (2) Technical Roundtable: A technical conference will be conducted 
in the Chicago, Illinois at: Crowne Plaza Chicago O'Hare, 5440 North 
River Road, Rosemont, IL 60018. See SUPPLEMENTARY INFORMATION section 
for details.
    (3) Docket Clerk: Written notification should identify the docket 
number and must be submitted to the FRA Docket Clerk, Office of Chief 
Counsel, Federal Railroad Administration, 1120 Vermont Avenue, NW., 
RCC-10, Stop 10, Washington, DC 20590 or faxed to (202) 493-6068.

FOR FURTHER INFORMATION, CONTACT: James Wilson, Office of Safety 
Assurance and Compliance, Motive Power and Equipment Division, RRS-14, 
Mail Stop 25, Federal Railroad Administration, 1120 Vermont Avenue, 
NW., Washington, DC 20590 (telephone 202-493-6259); or Jason 
Schlosberg, Trial Attorney, Office of Chief Counsel, Mail Stop 10, 
Federal Railroad Administration, 1120 Vermont Avenue, NW., Washington, 
DC 20590 (telephone 202-493-6032).

SUPPLEMENTARY INFORMATION: Interested parties are invited to present 
oral statements and proffer evidence at the hearings. The hearings 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 
hearings will be non-adversarial proceedings; therefore, there will be 
no cross examination of persons presenting statements or proffering 
evidence. An 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 the initial 
statements were made. Additional procedures, as necessary for the 
conduct of the hearing, will be announced at the hearing.
    The purpose of the hearings is to receive oral comments regarding 
the specific provisions contained in the proposed rule and to receive 
evidence and to develop findings to determine whether FRA should invoke 
its discretionary authority under 49 U.S.C. 20306 to exempt application 
of section 20303 as it applies to freight trains and freight cars 
operating with ECP brake systems. Section 20303 requires operators to 
transport rail vehicles with defective or insecure equipment ``from the 
place at which the defect or insecurity was first discovered to the 
nearest available place at which the repairs can be made'' to avoid 
incurring civil penalties related to such movement. FRA would be 
authorized to grant relief from section 20303 only if it were to make 
findings required by section 20306. That section is reproduced here for 
ready reference:

Section 20306. Exemption for Technological Improvements

    (a) General.--Subject to subsection (b) of this section, the 
Secretary of Transportation may exempt from the requirements of this 
chapter railroad equipment or equipment

[[Page 52537]]

that will be operated on rails, when those requirements preclude the 
development or implementation of more efficient railroad 
transportation equipment or other transportation innovations under 
existing law.
    (b) Conditions for exemption.--The Secretary may grant an 
exemption under subsection (a) of this section only on the basis 
of--
    (1) findings based on evidence developed at a hearing; or
    (2) an agreement between national railroad labor representatives 
and the developer of the new equipment or technology.

    To permit and encourage implementation of ECP brake system 
technology without hindering safety, FRA proposes to invoke its 
discretionary authority under 49 U.S.C. 20306 to exempt ECP brake-
equipped trains and equipment from the specific statutory requirements 
contained in 49 U.S.C. 20303.
    The technical roundtable is intended to provide interested parties 
an informal forum to discuss issues and concerns related to the 
implementation and operation of trains and equipment utilizing ECP 
brake system technology. The roundtable discussion may address specific 
technical issues that might not be addressed in the oral comments 
presented at the public hearings. This format will provide a more open, 
freeform exchange of ideas and views related to the technology. The 
procedures for the technical roundtable will be announced by the FRA 
representatives conducting the discussions. A transcript of the 
discussions will be made part of the public docket in this proceeding.
    Any person wishing to participate in either the public hearings or 
the technical conference should notify the Docket Clerk by mail or at 
the address or fax number provided in the ADDRESSES section at least 
five working days prior to the date of the hearing or technical 
roundtable discussion and submit three copies of the oral statement 
that he or she intends to make at the proceeding. The notification 
should identify the party the person represents, and the particular 
subject(s) the person plans to address. The notification should also 
provide the Docket Clerk with the participant's mailing address and 
other contact information. FRA reserves the right to limit 
participation in the hearings of persons who fail to provide such 
notification.

    Issued in Washington, DC, on September 7, 2007.
S. Mark Lindsey,
Chief Counsel, Federal Railroad Administration.
[FR Doc. E7-18169 Filed 9-13-07; 8:45 am]
BILLING CODE 4910-06-P