[Federal Register Volume 68, Number 238 (Thursday, December 11, 2003)]
[Notices]
[Pages 69123-69124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30650]


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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 a 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.

Union Pacific Railroad Company

[Waiver Petition Docket Number FRA-2003-16306]

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain provisions of the Railroad Locomotive Safety 
Standards, 49 CFR part 229. Specifically, UP requests relief from the 
requirements of 49 CFR 229.27(a)(2) Annual Tests and 49 CFR 229.29(a) 
Biennial Tests, applicable to all existing and future installations of 
electronic air brake equipment furnished by Wabtec Corporation of 
Wilmerding, Pennsylvania on UP locomotives.
    Part 229.27(a)(2) requires that, ``Brake cylinder relay valve 
portions, main reservoir safety valves, brake pipe vent valve portions, 
feed and reducing valve portions in the air brake system (including 
related dirt collectors and filters) shall be cleaned, repaired, and 
tested'' at intervals that do not exceed 368 calendar days. Part 
229.29(a) requires in part that ``* * * all valves, valve portions, MU 
locomotive brake cylinders and electric-pneumatic master controllers in 
the air brake system (including related dirt collectors and filters) 
shall be cleaned, repaired, and tested at intervals that do not exceed 
736 calendar days.'' UP requests these provisions be temporarily waived 
to allow them to conduct a long term test program designed to show that 
Wabtec's electronic air brake technology has sufficiently improved 
overall system reliability and safety to a point where it is now 
possible to move toward a ``component repair as required, performance 
based COT&S criterion'' similar in scope to that outlined a previous 
waiver granted September 1, 2000, to CSX Transportation in Docket FRA-
1999-6252. This referenced waiver covers CSXT locomotives utilizing New 
York Air Brake Corporation's Computer Controlled Brake (CCB) equipment, 
with the intent of moving to a component repair as required, 
performance-based COT&S criterion.
    In 1985, the time interval for the requirements of Sec.  229.29(a) 
was extended to 1,104 calendar days for 26L Brake equipment based on 
proven service reliability with the evolution of improved components. 
The time interval for Wabtec's EPIC equipment was extended to five 
years in 1992, per FRA Test Waiver, H-92-3 (since renamed FRA-2002-
13397.) Currently, UP has more than 1700 locomotives equipped with the 
Wabtec EPIC brake equipment and maintained under the conditions of 
waiver FRA-2002-13397.
    UP believes the ``vigilance'' capability of Wabtec's electronic 
equipment is key to this waiver request. This feature employs the 
controlling computer to constantly monitor the proper functioning of 
the system as a whole and in real time. If any key operational 
parameters are found to fall outside of the allowable tolerance 
established for each, an appropriate action is automatically and 
immediately initiated to insure safe operation of the equipment. Less 
critical faults are logged for follow-up maintenance. UP concludes that 
the combination of real time vigilant monitoring and fault logging 
enables ``EPIC'' COT&S intervals to be similarly increased beyond the 
current five years with no impact on safety.
    Therefore, UP proposes to initiate a test program to extend the 
Wabtec electronic air brake COT&S based on the following assertions: 
(1) A reduction of pneumatic devices by substitution of computer-based 
logic; (2) real time fault detection and control of critical faults to 
a known fail-safe condition made possible by constant ``vigilance'' of 
the controlling computer; (3) development of emergency brake cylinder 
pressure accomplished conventionally by a back-up pneumatic control 
valve, as well as electronically under all conditions; (4) demonstrated 
performance to date of Wabtec ``EPIC'' brake system under the current 
waiver FRA 2002-13397 (formally H-92-3); and (5) supporting test and 
inspection results documented over the past decade for the ``EPIC'' 
equipment as required by the current waiver.
    As part of this waiver request, UP recommends that a detailed test 
plan, necessary for properly tracking and documenting the results, be 
jointly developed between UP, Wabtec Corporation, and FRA. At the 
completion of the test program, UP further requests that FRA conduct a 
formal review of the results relative to the objective of moving toward 
a ``performance-based COT&S'' criterion.
    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 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.

[[Page 69124]]

    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2003-16306) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., 
Washington, DC 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.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; pages 19477-78). The statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on December 5, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-30650 Filed 12-10-03; 8:45 am]
BILLING CODE 4910-06-P