[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 45005-45006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19105]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0067]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 6, 2018, the Federal 
Railroad Administration (FRA) received a petition from the San Mateo 
County Transit District, on behalf of Caltrain, for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR parts 229, 231, and 238. Specifically, 
Caltrain seeks a waiver of compliance for their new Stadler-built KISS 
Electric Multiple Unit (EMU) railcars specific to the passenger area 
emergency brake valve, the clearance above top of rail, and the safety 
appliances. FRA assigned the petition Docket Number FRA-2018-0067.
    First, Caltrain seeks a waiver of compliance from the emergency 
brake valve requirements of 49 CFR 229.47(b) and 238.305(c)(5), which 
require certain equipment to be equipped with an emergency brake valve 
accessible to another crew member in the passenger compartment and have 
the words ``Emergency Brake Valve'' legibly stenciled or marked near 
each valve, or be shown on an adjacent badge plate. The Caltrain EMU 
utilizes pull handles to provide a means for crew members and 
passengers to initiate an emergency brake condition. The vehicle is 
equipped with a modern electro-pneumatic brake system that does not 
rely on a conventional train-lined brake pipe to initiate an emergency 
brake command to the train. Instead, emergency brake commands are 
transmitted using electronic signals using fail-safe design principles. 
When a pull handle is activated (or ``pulled''), propulsion is cut and 
irretrievable emergency brake is initiated. The handle can only be 
reset using a crew key. There is one emergency brake pull handle per 
doorway area, four total per car, and each is appropriately stenciled 
with the nomenclature ``Emergency Brake.'' Although the Caltrain EMU 
emergency brake pull handles are not technically ``valves'' as 
specified in the regulatory language, Caltrain contends they perform 
the same function as the required Emergency Brake Valve and satisfy the 
requirements of 49 CFR 229.47(b) and 238.305(c)(5).
    Second, Caltrain seeks a waiver of compliance from the clearance 
above-top-of-rail (ATOR) requirements of 49 CFR 229.71. The Caltrain 
EMU will utilize Magnetic Track Brakes that are mounted on each non-
powered (i.e., trailer) truck of each car. The track brake has two 
positions: Stowed and deployed. In its normal stowed position, the 
track brake is positioned 3.9 inches ATOR. Under maximum permissible 
wear conditions, the track brake assembly will remain 2.5 inches ATOR. 
In the deployed position, the track brake is in contact with the top of 
rail thus violating the minimum required clearance specified in 49 CFR 
229.71. Caltrain believes the use of the magnetic track brake enhances 
the braking capabilities of the vehicle and only violates the required 
clearance when activated and in use.
    Third, Caltrain seeks a waiver of compliance from the safety 
appliance requirements of 49 CFR 229.71(b), Sill steps, (c) Side 
handholds, (d) End handholds, (f) Side-door steps, and (g) Uncoupling 
levers, as well as 49 CFR 238.229 and 238.230(d). Caltrain believes 
sill steps and side handholds are intended to allow railroad employees 
to ride the outside of the vehicle during switching moves to manually 
couple/uncouple cars and make up manual hose connections. Similarly, 
end handholds and uncoupling levers are intended to provide a secure 
hand grip for a railroad worker while performing manual coupling or 
uncoupling of conventional rail vehicles where it is necessary for the 
mechanical end connections to be connected or disconnected manually 
from the ground by a railway employee. Not only will Caltrain operating 
rules prohibit personnel to mount the exterior of the EMU, but Caltrain 
will not use the EMU to make any equipment moves within yards, storage 
tracks, or other areas where personnel would be required to utilize any 
exterior steps or handholds. The EMU automatic coupler design allows 
all mechanical, pneumatic, and electrical end connections to be 
accomplished without manual intervention and without requiring 
personnel to leave the vehicle. Lastly, the Caltrain EMU vehicle is 
configured with both high-level and low-level side entry doors. When 
the EMU is first placed into service, only the low-level doors will be 
utilized and are accessed from Caltrain's existing 8-inch high 
platforms. Each low-level side door is equipped with a retractable step 
to allow passengers to transition from the 8-inch platform to the 22-
inch lower-level floor height. The step is located at approximately 16 
inches ATOR. In addition, extended vertical handholds are located 
inside the doorways to facilitate the boarding/alighting process. 
Therefore, Caltrain petitions FRA to accept the EMU vehicle without 
sill steps, side handholds, end handholds, or uncoupling levers.
    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:
    <bullet> Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC 
20590.
    <bullet> 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 19, 2018 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

[[Page 45006]]

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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-19105 Filed 8-31-18; 8:45 am]
 BILLING CODE 4910-06-P