[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Notices]
[Pages 33097-33098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13258]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Waiver Petition Docket Number FRA-2003-16306]


Notice of Public Hearing; Union Pacific Railroad Company

    On December 11, 2003, FRA published a notice in the Federal 
Register announcing the Union Pacific Railroad Company's (UP) intent to 
be granted a waiver of compliance from certain provisions of the 
Railroad Locomotive Safety Standards, 49 CFR Part 229. See 68 FR 69123. 
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.
    UP requested that the provisions of Sec.  229.27(a)(2) and Sec.  
229.29(a) 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 the 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.
    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

[[Page 33098]]

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.
    As a result of the comments received by FRA concerning this waiver 
petition, FRA has determined that a public hearing is necessary before 
a final decision is made on this petition. Accordingly, a public 
hearing is hereby set to begin at 10 a.m. on July 13, 2004, at the 
Washington Plaza Hotel, 10 Thomas Circle, NW. (at Massachusetts Avenue 
and 14th Street), Washington, DC 20005. Interested parties are invited 
to present oral statements at this hearing.
    The hearing will be informal and will be conducted in accordance 
with FRA's Rules of Practice (49 CFR 211.25) by a representative 
designated by FRA. FRA's representative will make an opening statement 
outlining the scope of the hearing, as well as any additional 
procedures for the conduct of the hearing. The hearing will be a non-
adversarial proceeding in which all interested parties will be given 
the opportunity to express their views regarding this waiver petition, 
without cross-examination. After all initial statements have been 
completed, those persons wishing to make a brief rebuttal statements 
will be given an opportunity to do so in the same order in which 
initial statements were made.

    Issued in Washington, DC, on June 4, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-13258 Filed 6-9-04; 8:45 am]
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