[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Notices]
[Pages 46911-46912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15951]


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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 favour of relief.

Association of American Railroads

[Docket Number FRA-2005-21613]

    The Association of American Railroads (AAR), on behalf of itself 
and its member railroads, seeks a permanent waiver of compliance from 
certain provisions of the Railroad Locomotive Safety Standards, 49 CFR 
part 229. Specifically, the AAR requests relief from the requirements 
of 49 CFR 229.27(a)(2) Annual Tests and 49 CFR 229.29(a) Biennial 
Tests, as solely applicable to all present and future installations of 
the New York Air Brake Corporation (NYAB) and Wabtec Corporation 
electronic brake systems. AAR is requesting this waiver with the intent 
to move to a ``performance-based criterion,'' with air brake components 
repaired or replaced as required. AAR makes this request based on their 
belief that electronic brake systems are inherently more reliable than 
their predecessors, along with the system's utilization of diagnostic 
tools which continuously monitor the function of critical components. 
AAR proposes a test program be permitted, similar to the CSX 
Transportation (CSXT) waiver test program, under which the performance 
of locomotive electric brake systems would be monitored.
    On September 1, 2000, FRA granted CSXT a conditional waiver (FRA-
1999-6252) from the annual and biennial test requirements for NYAB's 
Computer Controlled Brake (CCB) systems installed on CSXT locomotives, 
with a requirement that a Joint CSX/CCB Committee be established to 
monitor and approve all testing parameters and test functions. The 
committee is comprised of individuals from rail labor, railroad 
management, manufacturers, suppliers, and the FRA. The committee meets 
2 to 4 times a year to perform functional tests and tear-down 
inspections on locomoitves that have operated for specific periods of 
time without any air brake components being replaced. In AAR's written 
request for this waiver, they make a general statement that the CCB 
brake system has successfully operated for over eight years and that 
the CSXT test program has shown that the existing requirements for 
tests every five years is too restrictive.
    The facts relative to waiver FRA-1999-6252 are as follows: The CSXT 
test program has only evaluated and

[[Page 46912]]

approved one brake system at the 8\1/2\ year time period, the NYAB-CCB 
I brake system equipped on GE locomotives with air dryers. The 
Committee has determined that 8\1/2\ years is the limit for all of the 
brake components for that system, except the 20 Block, which is limited 
to 6\1/2\ years. Time intervals for the CCB I system on EMD 
locomotives, and CCB II systems on both GE and EMD locomotives have yet 
to be determined, as the committee continues the evaluation process. 
All CSXT locomotives are equipped with functioning air dryers.
    Under AAR's proposal, categories would be established for each 
combination of locomotive manufacturer and brake types, with and 
without air dryers, for testing and evaluation purposes. AAR has 
allocated the responsibility for testing the different categories of 
brake systems among six of its member railroads, the Union Pacific, 
BNSF, the Canadian Pacific, CSXT, the Canadian National, and Norfolk 
Southern. These six railroads have agreed to conduct testing similar to 
the same conditions imposed on the CSXT waiver.
    AAR assumes that as each category of brake system/locomotive 
reaches a certain time period, that all locomotives in the same 
category belonging to AAR's members would be permitted to operate to 
that same time period without having to perform any of the 229.27(a)(2) 
and 229.29(a) inspections and tests. Furthermore, with the CSXT test 
program already underway, AAR would like to have all of its member 
railroads afforded the same time intervals that have been established 
for the CSXT locomotives, for locomotives in the same categories as the 
CSXT locomotives. For example, all GE locomotives with air dryers that 
are operated by AAR members and are equipped with NYAB's CCB I brake 
systems, would be permitted to operate for 8\1/2\ years before 
229.27(a)(2) and 229.29(a) attention is required.
    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.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2005-21613 ) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, Room Pl-401, Washington, DC 
20590-0001. 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 DOT 
Central Docket Management Facility, Room Pl-401 (Plaza Level), 400 
Seventh Street SW., Washington. 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 19377-78). The statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on August 8, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-15951 Filed 8-10-05; 8:45 am]
BILLING CODE 4910-06-P