[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77869-77870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30158]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with section 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.

Northen Indiana Commuter Transportation District

[Waiver Petition Docket Number FRA-2008-0139]

    The Northen Indiana Commuter Transportation District (NICTD), 
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.''

[[Page 77870]]

    The railroad is purchasing 14 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 14 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 or 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. 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-
2008-0139) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and 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).

    Issued in Washington, DC on December 15, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-30158 Filed 12-18-08; 8:45 am]
BILLING CODE 4910-06-P