[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46680-46681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18501]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0063]


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 June 6, 2013, the Association of American Railroads (AAR), on 
behalf of itself and its member railroads, has 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 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment; End-of-Train Devices. FRA assigned the 
petition Docket Number FRA-2013-0063.
    Specifically, AAR seeks a waiver of compliance from Part 232, 
Appendix B, Part 232 Prior to May 31, 2001 as Clarified Effective April 
10, 2002, 232.17(b)(2). This section states that brake equipment on 
passenger cars must be cleaned, repaired, lubricated, and tested as 
often as necessary to maintain it in a safe and suitable condition for 
service but not less frequently than as required in Standard S-045 in 
the Manual of Standards and Recommended Practices (MSRP) of the AAR. 
AAR petitioned FRA for a 5-year waiver so that AAR Standard S-4045 may 
be used in lieu of the obsolete Standard S-045 for the frequency 
requirements referenced in 49 CFR Part 232, Appendix B.
    AAR's Braking Systems Committee recently revised S-4045's Section 
E, Passenger Equipment Maintenance Requirements of the AAR MSRP. The 
revisions include a revised definition for a passenger equipment car as 
``[R]ail rolling equipment that is used only for excursions, 
recreational, or private transportation purposes (such as a vehicle 
designed to carry railroad personnel). It does not apply to a passenger 
car intended for use by members of the general public as defined in US 
DOT-FRA Title 49, Code of Federal Regulations, Part 238.'' This 
definition serves to address private passenger cars, particularly those 
operated by freight railroads that may be handled in either freight or 
passenger trains. Additionally, the revised standard aligns the 
requirements for air brake periodic attention with 49 CFR 238.309, 
Periodic brake equipment maintenance, to eliminate confusion for air 
brake dates on equipment that may be subject to both Part 238 and non-
Part 238 service, i.e., passenger equipment that may be handled in 
either freight or passenger trains. Passenger equipment has operated in 
this dual service since 1999 with no significant difference in the 
numbers of defects found in D-22 and 26-C valve components between the 
service modes. Finally, S-4045 includes a clarification for the use of 
freight valves on passenger equipment by addressing the use of Rule 3 
of the Field Manual of the AAR Interchange Rules as the proper 
reference for the maintenance of freight valves used on passenger 
equipment. The change recommended in this waiver request maintains 
existing safety levels and lessens compliance confusion by allowing 
uniform periodic inspection dates for railroad and privately owned 
passenger equipment, whether operating in a freight train, private 
train, or a Part 238 passenger train. It also maintains safety while 
reducing unnecessary costs.
    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 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 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 and may be submitted by any of the following 
methods:

[[Page 46681]]

     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 September 16, 2013 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.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-18501 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-06-P