[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47468-47469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17057]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0018]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on June 8, 2020, Union Pacific 
Railroad Company (UP) 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. In addition, UP requests an exemption 
from the requirements of title 49, United States Code (U.S.C.), section 
20303, which prohibits the movement of a rail vehicle with defective or 
insecure equipment beyond the nearest available place at which the 
repairs can be made. See 49 U.S.C. 20306. FRA assigned the petition to 
existing Docket Number FRA-2016-0018.
    Specifically, UP seeks a waiver of compliance from 49 CFR 232.213, 
Extended haul trains; 49 CFR 232.15, Movement of defective equipment; 
and 49 CFR 232.103(f), General requirements for all train brake 
systems. UP is requesting a 5-year waiver from these requirements for 
intermodal trains (and other train types as permitted and authorized by 
FRA) to demonstrate that the use of wheel temperature detectors (WTD) 
to determine brake effectiveness improves safety and eliminates 
unnecessary costs to the industry.
    UP has collected performance data for approximately two years of 
the five-year pilot period granted by FRA in this docket for unit coal 
trains between the Powder River Basin in Wyoming and White Bluff, 
Arkansas. UP states that this pilot waiver has demonstrated significant 
positive trends in the expected areas of observation. See Petition, 
Appendix 2, https://www.regulations.gov/document?D=FRA-2016-0018-0015. 
UP further states that while the White Bluffs pilot is limited in 
scope, expansion of operations with a similar type of pilot program at 
this juncture, given the favorable observations, would advance 
operating safety and improve other fleet conditions.
    UP explains that wayside WTDs offer an alternative means to verify 
good braking performance. WTDs directly measure the rise in wheel 
temperature as a result of a brake application. Such a measure of 
performance is objective and quantifiable, and is independent of 
conditions that can impair a visual inspection; such as weather, 
lighting and human fatigue, inexperience, or error. A monitoring system 
using WTD data as an alternative to the intermediate brake inspections, 
whether Class IA or extended haul, while still retaining all other 
brake system safety assurance procedures, is expected to substantially 
improve the reliability of brake inspections, and thus the safety 
performance of brake systems.
    For the White Bluff pilot test waiver trains to date, UP reports 
WTD alerts per million miles has reduced by 74% from October 2018 
through May 2020, indicating significant improvement in the overall 
condition of train braking systems. Wayside alerts have driven 1.5 
times more ``bad orders'' for brakes to the repair track than have non-
waivered cars operating outside of cold wheel alert allowances. As a 
result, cold wheel alerts have driven attention to ``key'' repairs 
(which include control valves, miscellaneous valve subsystems, air 
components, brake rigging, and slack adjusters) to 25% higher than 
other cars.
    UP also requested an exemption from 49 U.S.C. 20303. FRA may grant 
an exemption from the requirements of Sec.  20303 only based on (1) 
evidence developed at a hearing; or (2) an agreement between national 
railroad labor representatives and the developer of the equipment or 
technology at issue. See 49 U.S.C. 20306. FRA notes that the public 
hearing previously held to address UP's similar request for exemption 
in this docket addresses substantially the same issues as its current 
request. See https://www.regulations.gov/document?D=FRA-2016-0018-0011. 
In considering UP's present request, FRA intends to rely on the 
findings of the hearing conducted in this docket.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Ave. 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 4, 2020 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,

[[Page 47469]]

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.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-17057 Filed 8-4-20; 8:45 am]
BILLING CODE 4910-06-P