[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47638-47639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19827]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Denton County Transportation Authority (Waiver Petition Docket Number 
FRA-2010-0180)

    The Denton County Transportation Authority (DCTA) seeks a temporary 
waiver from some of the regulatory requirements of the CFR to operate 
new Stadler 2/6 GTW Diesel Multiple Units (DMUs) for use on its new 
``A-train'' commuter rail service. This temporary relief is necessary 
so that DCTA can conduct vehicle acceptance, employee training, and 
equipment familiarization until such time that a second waiver request, 
relating to Alternate Vehicle Technology (AVT), is submitted.
    DCTA has ordered 11 Stadler Bussnang AG, GTW 2/6 DMUs (the first of 
which will arrive in July 2011) for use on its new ``A-train'' commuter 
rail service between Dallas and Denton, TX. These vehicles are 
constructed by a European manufacturer and meet European safety 
standards for crashworthiness and related safety measures. DCTA 
submitted the first petition for relief (the ``Base Waiver'') in which 
it sought relief from certain requirements of 49 CFR Part 238, 
Passenger Equipment Safety Standards (Sections 238.115, 238.121, 
238.223, 238.229, 238.230, 238.305, 238.309, and Appendix D--
Requirements for External Fuel Tanks on Tier I Locomotives); part 229, 
Railroad Locomotive Safety Standards (Sec. Sec.  229.31, 229.47, 
229.51, 229.71, 229.135, and Appendix D--Criteria for Certification of 
Crashworthy Event Recorder Memory Module); part 231, Railroad Safety 
Appliance Standards (Sec.  231.14); and part 239, Passenger Train 
Emergency Preparedness (Sec.  239.101). FRA rendered its decision in a 
July 13, 2011, letter.
    DCTA is currently in the process of developing the technical 
justification documentation to petition FRA for an AVT compliance 
waiver for use of this equipment on main tracks.
    Until such documentation is submitted, DCTA would like to operate 
this equipment so it can conduct vehicle acceptance, employee training, 
and equipment familiarization. DCTA will implement temporal separation, 
and seeks temporary relief from certain requirements of 49 CFR, 
particularly Sec.  238.203--Static end strength; Sec.  238.205--Anti-
climbing mechanism; Sec.  238.207--Link between coupling mechanism and 
car body; Sec.  238.209--Forward end structure of locomotives, 
including cab cars and MU locomotives; Sec.  238.211--Collision posts; 
Sec.  238.213--Corner posts; Sec.  238.215--Rollover strength; Sec.  
238.217--Side structure; Sec.  238.219--Truck-to-car-body attachment; 
and Sec.  238.233--Interior fittings and surfaces.
    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 party 
desires an opportunity for oral comment, 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 (e.g., Waiver Petition Docket Number FRA-
2010-0180) 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 within 45 days of the date of this notice will 
be considered by FRA before final action is taken. Comments received 
after that date will be considered as far as practicable. All written 
communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    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 comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review the U.S. Department of Transportation's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 
(Volume

[[Page 47639]]

65, Number 70; Pages 19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on August 1, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-19827 Filed 8-4-11; 8:45 am]
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