[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2707-2710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00664]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2023-0066]


Petition for Waivers of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 10, 2023, Georgia 
Central Railway, L.P. and Heart of Georgia Railroad, Inc. (Petitioners) 
submitted a request to the Federal Railroad Administration (FRA) under 
49 CFR 211.51 for approval of a test program, and the temporary 
suspension of certain FRA safety regulations in connection with that 
program (Program). Petitioners explain that the proposed test program 
involves a system of a ``novel, self-propelled, zero-emission, battery-
electric rail vehicle'' (Vehicle) and its associated computer and 
telemetry technology (System), manufactured by Parallel Systems, Inc. 
Petitioners state that the goal of the technology is to provide smaller 
freight railroads an opportunity to meaningfully compete in the short-
haul transportation of containers, and the technology also provides 
``numerous public benefits for the environment, the economy, the 
national highway system, and communities disproportionately impacted by 
highway movement of containers.'' Petitioners contend that ``safety is 
an overriding focus of the proposed program'' and the Pilot Test Safety 
Plan is included in Exhibit C of the submission. Petitioners state that 
the Program is ``designed to evaluate the effectiveness of the system 
and new operational approaches to rail vehicle technology in the short-
haul movement of containers.''

[[Page 2708]]

    FRA has conducted a preliminary review of Petitioner's application 
to determine whether it meets the minimum regulatory requirements and 
provides enough information to be actionable by FRA, and FRA has found 
the application complete. However, upon analyzing the request, FRA has 
decided to treat Petitioners' application as a request for waivers of 
compliance under the relevant provisions of 49 CFR part 211. FRA will 
also review Petitioners' request for a test program under 49 CFR 
211.51.
    FRA assigned the petition Docket Number FRA-2023-0066. A copy of 
the petition, as well as any written communications concerning the 
petition, is available for review online at www.regulations.gov.
    Petitioners assert that suspending (waiving) certain provisions of 
the Federal railroad safety regulations is necessary for the conduct of 
the Program, and, accordingly, Petitioners request that FRA temporarily 
suspend certain provisions of the CFR throughout the Program. 
Specifically, petitioners request relief from specific regulatory 
requirements during each phase of testing, as listed in the table 
below:

                 Summary of Regulatory Relief Requested
------------------------------------------------------------------------
                        Regulation                          Petitioner
     Reference            summary      Basis for relief      comments
------------------------------------------------------------------------
Part 218, subpart D  Operating         In order to       Alternative
                      Practices--Proh   support testing   safety
                      ibition Against   of certain        protections
                      Tampering with    features of the   designed to
                      Safety Devices:   System, some      mitigate the
                      Sec.  Sec.        Program           risks
                      218.55-59         procedures will   associated
                      prohibit          require           with the
                      disabling of      installing,       disabled
                      safety devices    removing,         functions will
                      or knowingly      disabling, and    remain
                      operating a       bypassing         operative even
                      train with        onboard           if safety
                      disabled safety   sensors, self-    devices on the
                      devices.          diagnostic        Vehicles are
                                        devices, and      disabled. The
                                        other devices     petitioner's
                                        of the Vehicles.  safety plan
                                                          (Safety Plan)
                                                          is included as
                                                          Appendix A to
                                                          the petition.
Part 229...........  Locomotive        In summary, the   For those
                      Safety            following         aspects of the
                      Standards--mult   design features   requested part
                      iple provisions   of the System     229 temporary
                      of part 229       and               suspensions
                      require           characteristics   that are not
                      suspension        of the Program    predicated on
                      given the         are directly      the absence of
                      unique design     related to the    conventional
                      of the Vehicle    part 229          features due
                      and the braking   temporary         to remotely
                      system.           suspension        directed
                                        requests:         operation, the
                                       --Remotely         platooning
                                        Directed          capability or
                                        Operation..       the alternate
                                       --Platooning       braking
                                        Capability..      technology of
                                       --Alternative      the Vehicle,
                                        Braking           the procedures
                                        Technology..      and the System
                                                          design and
                                                          operational
                                                          features
                                                          explained in
                                                          the Safety
                                                          Plan will
                                                          assure safety.
                     229.9, Movement   The provision     The Vehicle
                      of Non-           requires          will be tagged
                      Complying         tagging of the    on the low
                      Locomotives:      locomotive at     voltage
                      Sec.              certain           isolation
                      229.9(a)(3).      locations. This   switch, which
                                        Vehicle does      controls power
                                        not have a        to the Vehicle
                                        locomotive cab.   computers.
                     229.13, Control   The provision     Safety Plan
                      of Locomotives:   includes          sections 2.7
                      Sec.   229.13.    requirements      and 5.4
                                        when multiple     describe the
                                        locomotives are   safety
                                        coupled. This     features of
                                        Vehicle does      the platooning
                                        not couple.       technology
                                                          that offer an
                                                          alternative
                                                          safety
                                                          standard to
                                                          traditional
                                                          coupling,
                                                          brake, and
                                                          lead
                                                          locomotive
                                                          systems.
                     229.15,           This provision    This Vehicle
                      Locomotives       requires          has designed
                      with Control      locomotives       integrity-
                      Units: Sec.       with radio        monitoring
                      229.15(a)(10).    control units     features
                                        to be designed    described in
                                        with specific     Safety Plan
                                        self-             section 5.2
                                        diagnostics.      and these
                                                          features are
                                                          part of the
                                                          test program.
                     229.29, Air       This provision    Safety Plan
                      Brake System      defines the       section 5.6
                      Calibration,      calibration,      describes the
                      Maintenance and   maintenance,      maintenance,
                      Testing: Sec.     and testing of    calibration,
                      229.29.           locomotive        and testing of
                                        braking systems.  the brake
                                                          technology
                                                          that the
                                                          Vehicles will
                                                          feature. These
                                                          features are
                                                          part of the
                                                          test program.
                     229.47,           This provision    Safety Plan
                      Emergency Brake   states that the   section 4.2
                      Valves: Sec.      brake pipe        describes the
                      229.47.           valve must be     emergency-stop
                                        accessible to     function of
                                        members of the    the Vehicles.
                                        crew in the cab   These features
                                        other than the    are part of
                                        engineer and      the test
                                        must be           program.
                                        attached to a
                                        wall adjacent
                                        to an end exit
                                        door. This
                                        Vehicle does
                                        not have a
                                        locomotive cab.
                     229.53, Brake     This provision    Monitoring
                      Gauges: Sec.      requires all      associated
                      229.53.           gauges and        with movement
                                        indicators to     of the Vehicle
                                        be located so     is available
                                        the engineer      on the devices
                                        can               used to
                                        conveniently      control
                                        read them in      movements.
                                        the locomotive    These features
                                        cab. This         are part of
                                        Vehicle does      the test
                                        not have a cab.   program.
                     229.55, Piston    This provision    The Program
                      Travel: Sec.      includes          will evaluate
                      229.55(b).        requirements of   the
                                        the brake         effectiveness
                                        cylinder. This    of different
                                        Vehicle           brake
                                        includes          technology
                                        alternative       than what is
                                        braking           present on
                                        technology.       conventional
                                                          locomotives.
                     229.71,           This provision    The Vehicle
                      Clearance Above   prohibits any     will comply
                      Top of Rail:      part or           with Sec.
                      Sec.   229.71.    appliance to be   229.71 except
                                        less than 2.5     that if test
                                        inches above      data indicates
                                        the top of rail.  that the
                                                          Vehicle does
                                                          not reliably
                                                          activate track
                                                          circuits by
                                                          shunting,
                                                          electrical
                                                          rail contacts
                                                          may be added
                                                          less than 2.5
                                                          inches above
                                                          the top of
                                                          rail to
                                                          improve
                                                          shunting
                                                          performance
                                                          for the
                                                          testing
                                                          program.
                     229.115(a), (c),  This provision    Monitoring
                      Slip/Side         requires          associated
                      Alarms: Sec.      audible and       with movement
                      229.115(a) and    visual alarms     of the Vehicle
                      (c).              in the cab if     is available
                                        wheels slip or    on the devices
                                        slide. This       used to
                                        Vehicle does      control
                                        not have a cab.   movements.
                                                          These features
                                                          are part of
                                                          the test
                                                          program.
                     229.117, Speed    This provision    Monitoring
                      Indicators:       requires the      associated
                      Sec.   229.117.   locomotive        with movement
                                        speed to be       of the Vehicle
                                        readable from     is available
                                        the engineer's    on the devices
                                        normal            used to
                                        position. This    control
                                        Vehicle does      movements.
                                        not have a cab.   These features
                                                          are part of
                                                          the test
                                                          program.
                     229.119, Cabs,    This provision    This Vehicle
                      Floors, and       sets              does not have
                      Passageways:      requirements      a cab.
                      Sec.  Sec.        for locomotive
                      229.119 and       cabs, floors,
                      229.127, Cab      passageways.
                      Lights: Sec.
                      229.127.
                     229.131(a),       This provision    The Program
                      Sanders: Sec.     requires each     will evaluate
                      229.131(a).       locomotive to     the
                                        be equipped       effectiveness
                                        with operative    of different
                                        sanders. This     brake
                                        Vehicle           technology
                                        includes          than what is
                                        alternative       present on
                                        braking           conventional
                                        technology.       locomotives,
                                                          including
                                                          testing of
                                                          wheel slip and
                                                          slide.

[[Page 2709]]

 
                     229.137,          These provisions  This Vehicle
                      Sanitation,       are premised      does not have
                      General           upon having a     a cab.
                      Requirements      locomotive cab.
                      and 229.139,
                      Sanitation,
                      Servicing
                      Requirements.
                     229.141, Body     These provisions  Safety Plan
                      Structure, MU     are premised      sections 2.7
                      Locomotives:      upon the MU       and 5.4
                      Sec.   229.141.   locomotive cars   describe the
                                        being coupled     safety
                                        together. This    features of
                                        Vehicle does      the platooning
                                        not couple.       technology
                                                          that offer an
                                                          alternative
                                                          safety
                                                          standard to
                                                          traditional
                                                          coupling,
                                                          brake, and
                                                          lead
                                                          locomotive
                                                          systems.
                     Part 229,         These provisions  This vehicle
                      subpart D,        are premised      does not have
                      Locomotive        upon having a     a cab.
                      Crashworthiness   locomotive cab.
                      Design
                      Requirements:
                      Sec.  Sec.
                      229.201-206.
                     229.311, Review   Petitioner seeks  Petitioner will
                      of Locomotive     temporary         comply with
                      Electronics       suspension of     the rest of
                      Safety Analysis   the 60-day        part 229,
                      Before Use:       notice            subpart E,
                      Sec.  Sec.        requirement and   including
                      229.301-319.      will provide      being subject
                                        details           to FRA's
                                        throughout the    authority to
                                        testing program.  audit the
                                                          safety
                                                          analysis any
                                                          time after the
                                                          System is
                                                          placed in use
                                                          under the
                                                          Program.
Part 231...........  Railroad Safety   These provisions  This temporary
                      Appliance         that detail the   suspension
                      Standards--       placement and     request is
                     --Sec.             design of         predicated on
                      231.6(a),         safety            the fact that
                      Handbrakes,.      appliance         the Vehicles
                     --Sec.             equipment are     will not have
                      231.6(d), End     not applicable    and do not
                      Handholds,.       to this           need ladders,
                     --Sec.             alterative        running boards
                      231.6(e),         Vehicle design.   or drawbars.
                      Uncoupling
                      Levers..
Part 232...........  Brake System      Certain design    The Petitioner
                      Safety            features of the   will conduct
                      Standards for     Vehicle,          inspections
                      Freight and       including its     and tests that
                      Other Non-        platooning        are
                      Passenger         capability and    functionally
                      Trains and        alternative       similar to the
                      Equipment; End-   braking           requirements
                      of-Train          technology, are   of part 232.
                      Devices           drivers of the    Analogous
                     --232.103(f),      part 232          functional
                      (g), (j), (k),    temporary         features of
                      (l), (m), (n),    suspension        the novel
                      (o), General      requests. The     braking
                      Requirements      Vehicles will     technology
                      for All Train     not be coupled,   will be
                      Brake Systems..   and the Program   inspected and
                     --232.205-212,     will test a       tested, but
                      Brake Tests..     novel braking     inspections
                     --232.215,         technology that   and tests will
                      Transfer Train    is different      reference
                      Brake Tests..     than air brakes   components and
                     --232.303,         and evaluate      metrics that
                      General           the               are relevant
                      Requirements      effectiveness     to the design
                      (for periodic     of the self-      of the novel
                      maintenance)..    monitoring        brake
                     --232.305,         capabilities of   technology.
                      Single Car Air    the Vehicles.
                      Brake Tests..    The testing
                     --232, subpart     program
                      E, End-of-Train   includes
                      Devices..         extensive
                     --232.503,         testing of the
                      Process to        new brake
                      Introduce New     system
                      Brake System      technology and
                      Technology..      will be
                     --232.505, Pre-    iterative. FRA
                      Revenue Service   test monitoring
                      Acceptance        will review the
                      Testing Plan..    results of
                                        testing as the
                                        testing
                                        progresses
                                        through the
                                        various stages.
Part 236...........  Rules,            This testing      Future
                      Standards, and    will be           development of
                      Instructions      performed in      this Vehicle
                      Governing the     dark territory    will likely
                      Installation,     under track       include
                      Inspection,       warrant           interface
                      Maintenance,      control.          between the
                      and Repair of     Special test      locomotive
                      Signal and        provisions will   electronics
                      Train Control     be in place to    and a signal
                      Systems,          protect the       and train
                      Devices, and      testing. The      control
                      Appliances,       Vehicle is not    system.
                      Sec.   236.913    equipped with a
                      Product Safety    traditional
                      Plan for          train control
                      Processor-Based   system.
                      Signal and
                      Train Control
                      Systems.
Parts 240 and 242..  Qualification     The remotely      This testing
                      and               directed          will be
                      Certification     operation of      performed by
                      of Engineers      the Vehicle       trained
                      and Conductors    alters the        testing
                     --240.103 and      traditional       professionals
                      242.103           role and          following the
                      Approval of       requirements of   test program
                      Design of         Engineers and     and Safety
                      Individual        Conductors.       Plan. The test
                      Railroad          This test         program will
                      Programs by FRA.  program will be   be supported
                                        used to           by qualified
                                        determine the     and certified
                                        qualification     Georgia
                                        and               Central
                                        certification     Railway and
                                        requirements      Heart of
                                        for Engineers     Georgia
                                        and Conductors    Railroad
                                        operating a       Engineers and
                                        Vehicle by        Conductors.
                                        remotely
                                        directed
                                        operation.
------------------------------------------------------------------------

    Recognizing that 49 CFR part 231 involves compliance with certain 
statutory requirements, Petitioners also request that FRA exercise its 
authority under 49 U.S.C. 20306 to exempt the rail equipment involved 
in the Program from the requirements of 49 U.S.C. 20302, which, in 
part, requires rail equipment to be equipped with certain safety 
appliances (e.g., couplers, sill steps, hand brakes, grab irons, hand 
appliances, and power brakes). In accordance with 49 U.S.C. 20306, FRA 
may exempt Petitioners from these statutory requirements based on 
evidence received and findings developed at a hearing demonstrating 
that the statutory requirements ``preclude the development or 
implementation of more efficient railroad transportation equipment or 
other transportation innovations under existing law'' \1\ or an 
``agreement between national railroad labor representatives and the 
developer of the new equipment or technology.'' \2\
---------------------------------------------------------------------------

    \1\ 49 U.S.C. 20306(a).
    \2\ Id. at (b)(2).
---------------------------------------------------------------------------

    FRA views the petition as consisting of (1) a request for the 
temporary suspension of certain FRA regulations or waivers of 
compliance, and (2) a request for approval of a centralized test 
program that would utilize that requested relief. FRA intends to review 
Petitioners' requests for temporary suspension of the above-listed 
regulatory requirements as petitions for waivers of compliance pursuant 
to 49 CFR part 211, subpart C. FRA will also review the proposed test 
program under 49 CFR 211.51 and will address its evaluation of the test 
program in a separate decision after it completes its review of the 
requested waivers.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments relating to the Program, 
the temporary waiver of regulations, or both. If any interested party 
desires 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. In addition, absent an agreement 
under 49 U.S.C. 20306(b)(2), FRA will hold a hearing on Petitioners' 
application and notice of such hearing will be published at a later 
date.
    All communications concerning these proceedings should identify 
Docket Number FRA-2023-0066 and may be submitted at 
www.regulations.gov, and follow the online instructions for submitting 
comments.

[[Page 2710]]

    Communications received by March 18, 2024 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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-00664 Filed 1-12-24; 8:45 am]
BILLING CODE 4910-06-P