[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48765-48766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19332]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0081]


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 July 19, 2013, the Association of American Railroads (AAR) 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 231.33. FRA assigned the petition 
Docket Number FRA-2013-0081.
    AAR, on behalf of itself and its member railroads, submitted a 
petition for special approval of existing industry safety appliance 
standards. AAR is requesting approval of the standards and 
specifications delineated in AAR Standard S-2044 and its detailed 
appendices. AAR Standard S-2044 establishes requirements for safety 
appliance arrangements applied to certain new railroad freight cars.
    AAR Standard S-2044 was established by the AAR Safety Appliance 
Task Force (Task Force), which was created by AAR's Equipment 
Engineering Committee to develop industry standards for safety 
appliance arrangements on modern railcar types not explicitly covered 
by 49 CFR Part 231. The Task Force consists of representatives from 
Class I railroads, labor unions, car builders, private car owners, and 
shippers, along with ergonomics experts and government representatives 
from FRA and Transport Canada who participate as non-voting members. 
The Task Force drafted a base safety appliance standard for all car 
types, plus industry safety appliance standards for specific car types. 
These industry standards have been adopted by AAR's Engineering 
Equipment Committee and, with FRA's concurrence, will serve as the core 
criteria for safety appliance arrangements on railcars that are more 
specialized in design. With its petition, AAR submitted detailed 
appendices establishing the required safety appliance arrangements for 
individual car types. AAR also included deviation tables that show 
where the AAR standard differs from the regulatory text and provide the 
rationale for any deviations, along with analysis showing that the AAR 
standard provides an equal or greater level of safety in each instance. 
In addition, the tables describe the ergonomic suitability of many of 
the proposed arrangements in normal use, as the standards were 
developed by the Task Force to incorporate ergonomic design principles.
    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 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.

[[Page 48766]]

    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:
     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 October 15, 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. 2013-19332 Filed 8-8-13; 8:45 am]
BILLING CODE 4910-06-P