[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Notices]
[Pages 937-938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-121]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 238.21 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.

Northeast Illinois Regional Commuter Railroad Corporation Waiver 
Petition Docket Number FRA-2004-19396

    The Northeast Illinois Regional Commuter Railroad Corporation 
(Metra) further identified herein as the railroad, seeks approval for a 
waiver of compliance with the requirements of the Passenger Equipment 
Safety Standards contained in 49 CFR 238.105(d)(1), train electronic 
hardware and software safety. Section 49 CFR 238.105(d)(1) states that:

Hardware and software that controls or monitors a train's primary 
braking system shall either: (i) Fail safely by initiating a full 
service brake application in the event of a hardware or software 
failure that could impair the ability of the engineer to apply or 
release the brakes; or (ii) Access to direct manual control of the 
primary braking system (both service and emergency braking) shall be 
provided to the engineer.

    The railroad is purchasing 26 new bi-level electric passenger MU's 
and the braking software being provided by the manufacturer only partly 
meets the above requirements. The railroad requests that an application 
of only emergency brakes in the event of a loss of power, or failure 
(hardware and software), of the friction brake control unit be allowed 
in lieu of either the requirement for a full service brake application 
or restoration of direct manual control of the primary braking system 
to the operator.
    The twenty-six new electric MU locomotives are being built by 
Sumitomo Corporation of America/Nippon Sharyo and the air brake system 
is provided by Knorr Brake Corporation, Westminster, Maryland. The 
railroad explains in their petition that the full service brake 
application is transmitted electronically to each MU's Friction Brake 
Control Unit (FBCU). The FBCU then provides the requested brake 
application without drawing down brake pipe pressure. An Emergency 
Magnetic Valve (EMV) is provided on each MU for an electronic emergency 
brake application. During normal operations, the EMVs are energized in 
the closed position and any loss of power of software malfunction 
causes the EMVs to open and vent to atmosphere causing the brakes over 
the entire consist to apply at an emergency rate.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data or comments. Each comment shall set 
forth specifically the basis upon which it is made, and contain a 
concise statement of the interest of the commenter in the proceeding. 
The 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 the 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 (FRA-2004-19396) and must be submitted to the 
Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza 
Level),

[[Page 938]]

400 7th Street, SW., Washington, DC 20590. Communications received 
within 30 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 27, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 05-121 Filed 1-4-05; 8:45 am]
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