[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Page 4901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02629]
[[Page 4901]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2019-0003]
Petition for Waiver of Compliance
Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on November 26, 2018, Canadian
National Railway Company (CN) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR 232.305,
Single car air brake tests. Specifically, CN requests relief from Sec.
232.305(b)(2), regarding the requirement to conduct a single car air
brake test (SCT) on a car when it is placed on a repair track for any
reason, and the car has not had a SCT in the previous 12 months.
CN seeks this relief for its operation in Fulton, KY, a purpose-
built facility that would utilize a drop table to safely and
efficiently replace defective wheelsets while keeping the train intact.
CN's proposed in-train wheelset replacement program would identify and
replace wheelsets with minor defects falling between Association of
American Railroads standards and FRA requirements, which will assist in
reducing the number of wheel, bearing, impact, and broken rail-caused
derailments, as well as associated injuries.
CN states that rigid enforcement of 49 CFR 232.305(b)(2) threatens
the viability of CN's in-train wheelset replacement initiative because
CN cannot feasibly perform SCTs on all cars receiving wheelset
replacements or all cars that are placed on that track which have not
received a SCT in the previous 12 months. CN provides an example of how
rigid enforcement would impact this operation: a train made up of 100
cars that have received a SCT 24 months ago would be required to have
all 100 cars receive a SCT simply because they are on a track where
wheelset change-outs are conducted. The wheelset can be changed out in
10 minutes; however, the SCT would be a minimum of 45 minutes per car.
CN notes that FRA has recognized SCTs associated with in-train
wheelset replacements are not always critical to ensuring railcar and
braking system safety, as:
--FRA regulations do not require SCTs for cars undergoing wheelset
replacements less than 12 months following their previous SCT;
--FRA requires a SCT only once every five or eight years for rail cars
that do not undergo repairs;
--FRA does not require SCTs following wheelset changes on cars at
intermodal loading ramps; and
--FRA has granted this relief to other railroads (see Docket Number
FRA-2007-28454).
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
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 parties
desire an opportunity for oral comment and a public hearing, 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:
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 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 April 5, 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.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-02629 Filed 2-15-19; 8:45 am]
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