[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Notices]
[Pages 70112-70113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32442]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Canadian Pacific Railway (Waiver Petition Docket Number FRA-1999-
5894)

    Canadian Pacific Railway (CP) seeks a permanent waiver of 
compliance with certain provisions of the Locomotive Safety Standards, 
49 CFR 229.29(a), concerning the time interval requirements of the 
periodic cleaning, repairing and testing of locomotive air brake 
components for all of its locomotives operating in the United States 
equipped with 26L type brake equipment. FRA currently permits railroads 
to operate locomotives equipped with 26L type brakes for periods not to 
exceed 1,104 days before performing the testing and inspection required 
by 49 CFR 229.29(a).
    CP has been testing this 48 month extended cleaning interval in a 
joint effort with Transport Canada under FRA waiver LI-88-4A. CP has 
published the final test results, which CP claims indicate that 26L 
type brakes can be safely operated on a 48 month schedule provided 
there is a maintenance program in place to prevent moisture and 
contaminants from entering the brake valves. CP further claims that the 
test results are supported by records which indicate that since 1992, 
CP has not experienced a train accident as the result of a malfunction 
of the 26L brake system or its sub components.
    A report issued in April 1997 by the Rail Safety Directorate, 
Transport Canada, indicated that the overall test was successful, 
however, four

[[Page 70113]]

problematic valves were identified, the SA 26 independent brake valve, 
the 26C brake valve, the P2A brake application valve, and the A1 
charging valve. Due to the problems, it was recommended that these 
components stay on a 36 month interval until further testing was 
accomplished and evaluated. Further controlled evaluation of the four 
problematic valves was performed on a group of ten locomotives. At the 
conclusion of this testing, it was determined that due to reliable 
filtration and expulsion of contaminants from the air system, along 
with improved trouble shooting methods, all exceptions to these valves 
have been corrected.
    Based on all of the test programs, Transport Canada, in a letter 
dated May 11, 1999, approved CP's request to extend the inspection 
interval from 36 to 48 months for 26L type brake equipment with the 
following provisions:
     Air compressors be maintained in accordance with 
recommended practices;
     There are effective inspections in place to oversee that 
the compressor is functioning effectively;
     Employees are trained and qualified to carry out their 
specific tasks effectively;
     Systems for the discharge or removal of moisture such as 
automatic drain valves and air dryers are maintained to function 
effectively.
    CP would like approval for this request to harmonize regulatory 
standards and permit the continued interchange of locomotives and 
railway commerce between Canada and the United States as contemplated 
by the NAFTA accord.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling public hearings in connection with these proceedings since 
the facts do not appear to warrant hearings. 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 (e.g., Waiver Petition Docket Number 1999-
5894) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, S.W., Washington, 
D.C. 20590. Communications received within 45 days of the date of this 
notice will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's web 
site at 
http://dms.dot.gov.

    Issued in Washington, D.C. on December 9, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 99-32442 Filed 12-14-99; 8:45 am]
BILLING CODE 4910-06-P