[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Pages 62631-62632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28482]


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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) has received a request for a waiver of compliance from 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.

Association of American Railroads

[Waiver Petition Docket Number FRA-2009-0102]

    The Association of American Railroads (AAR) has petitioned, on 
behalf of its member railroads, for a temporary waiver of compliance 
from the requirements of 49 CFR 232.109(g)(2), which state that 
locomotives placed into service for the first time on or after October 
1, 2007, shall display in real-time in the cab of the controlling 
(lead) locomotive the total train dynamic brake retarding force 
available in the train. AAR petition seeks relief due to conflicts 
found in the common communication channel, known as ``C-Band'' shared 
by the dynamic brake system reporting (DBSR) and Electronic Controlled 
Pneumatic (ECP) brake systems. AAR requests this relief until January 
1, 2011, to allow it the time to have conversion modules manufactured 
and installed on its members' locomotives.
    AAR states that when locomotives equipped with ECP brakes were 
placed in service, it was discovered that operation of the ECP systems 
and DBSR conflicted due to the sharing of a common communications band, 
the C-Band. Consequently, AAR developed a standard (S-5509) in February 
2008, providing for using the A-Band for DBSR. During the period of 
modification and conversion of its members' locomotives, there will be 
times when the total train dynamic brake retarding force required by 49 
CFR 232.109(g)(2) cannot be displayed in the controlling locomotive 
because some locomotives will be equipped to transmit on A-Band and 
some on C-Band. AAR further states that during the period of 
conversion, the engineer shall be provided with a record of dynamic 
brake operational status as required by 49 CFR 232.109(a).
    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-
2009-

[[Page 62632]]

0102) 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 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://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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on November 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-28482 Filed 11-27-09; 8:45 am]
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