[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Page 9412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2552]


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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.

Quantum Engineering, Inc.

(Waiver Petition Docket Number FRA-2006-23751)

    Quantum Engineering, Inc. (Quantum), seeks a waiver of compliance 
with the requirements of 49 CFR, 221.13(d), Rear End Marking Devices, 
published January 11, 1977, and 49 CFR, 232.403(g)(2), End-of Train 
Devices, published January 17, 2001. Specifically, Sec.  221.13(d) 
requires: ``The centroid of the marking device must be located at a 
minimum of 48 inches above the top of the rail.'' And, Sec.  
232.403(g)(2) requires: ``If power is supplied by one or more 
batteries, the operating life shall be a minimum of 36 hours at 0 
[deg]C.'' Quantum seeks to reduce the specified battery capacity by 
eliminating one of the two batteries from their end-of-train device. 
According to Quantum, their end-of-train device includes both an air 
turbine powered alternator (which has been in service for several 
years), and two batteries. Both the batteries and the alternator are 
continuously connected to provide power to the device and by removing 
one of the two batteries, the weight of the device could be 
substantially reduced. The remaining battery, which is charged by the 
alternator during normal operations, would provide power for 
approximately 18 hours in cases where the alternator would not be able 
to function such as during switching operations when train line brake 
pressure is cut out. Quantum's test data indicates that the end-of-
train device will operate for approximately 18 hours with only one 
battery after loss of train line air.
    Quantum also seeks relief from the regulatory requirement that the 
centroid of the marking device be located at a minimum of 48 inches 
above the top of the rail. Quantum states that with the coupler 
attachment mechanism approximately 36 inches above the rail, the 48 
inch regulatory requirement requires designing the device to be at 
least 12 inches higher than necessary and that 12 inches is marginal at 
best in providing greater sight distance but introduces a substantial 
mechanical moment in a high G force area promoting fatigue of 
components. A marker minimum height of 36 inches would allow the device 
to be more compact with a center of gravity closer to the coupler 
mounting mechanism and allow a further reduction in the weight of the 
device. Therefore, Quantum is requesting a waiver to allow a marker 
height at a minimum of 36 inches above the top of the rail.
    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 (FRA-2006-23751) 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 February 14, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-2552 Filed 2-22-06; 8:45 am]
BILLING CODE 4910-06-P