[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7627-7628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2921]


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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.

Association of American Railroads

[Waiver Petition Docket Number FRA-2005-21613]

    FRA granted waiver Docket Number FRA-2005-21613 to the Association 
of American Railroads (AAR) on December 5, 2005, establishing an 
extensive testing and inspection program to determine extended clean, 
repair and test intervals for air brake valves and related components 
as required by the Railroad Locomotive Safety Standards per 49 CFR 
229.27 Annual tests and Sec.  229.29 Biannual tests. Eighteen (18) 
separate groups of locomotives were identified for investigation in the 
waiver approval letter. This waiver has expired and AAR's request is to 
extend the waiver for another 5 years, as provided for in condition 12 
of the original approval letter. As part of this request for extension, 
AAR has also requested that three Wabtec Railway Electronics (WRE) air 
brake system models (EPIC, EPIC-II, and EPIC 3102D2) be combined into 
one testing category, thereby reducing the number of locomotive groups 
that must be investigated.
    In support of this petition, AAR says that this extension will be 
utilized to collect additional data sufficient to determine appropriate 
test and inspection intervals for electronic air brake equipment. They 
have also submitted information from WRE supporting combining EPIC 
3102D2 and EPIC II models into one group, stating that they have 
commonality of pneumatic components and electronic controls.
    Electronic airbrake systems began to be introduced in the early 
1990s. Due to the clean operation of these systems, the brake 
manufacturers applied for and were granted industry wide waivers 
permitting the clean, repair and test intervals under 49 CFR 229.27 and 
229.29, to be extended to 5 years. Waiver Docket Number FRA-2000-7367 
(formerly H-95-3), applies to electronic brake systems manufactured by 
New York Air Brake Corporation (NYAB) and Waiver Docket Number FRA-
2002-13397 (formerly H-92-3) applies to electronic air brake systems 
manufactured by Wabtec Railway Electronics.
    The successful performance of the electronic air brake systems out 
to 5 years led the CSX Transportation, Inc. (CSXT) to apply for a 
further extension for NYAB electronic air brake systems. An extensive 
test and inspection program under waiver Docket Number FRA-1999-6252 
led to further extension of the airbrake servicing interval for the 
subject CSXT locomotives. The joint FRA-industry-labor committee 
approach to performing waiver evaluations was also validated by the 
experience on CSXT.
    Based largely on the success of CSXT clean, repair, and test 
interval extension program, AAR applied for and was granted a waiver 
establishing a similar program for many groups of locomotives owned and 
operated by their member railroads. Conditional approval of waiver 
Docket Number FRA-2005-21613 established the terms under which the 
relief granted to CSXT could be extended to other AAR member railroads 
and established a means of evaluating 18 groups of locomotives for 
potential increases in electronic airbrake clean, repair and test 
intervals. The groups of locomotives are based on locomotive 
manufacturer, air brake manufacturer, manufacturer's system model, and 
whether or not the locomotives are equipped with an air dryer. The 
process for evaluating groups of locomotives was based on the 
establishment of the same type of test and inspection program as had 
been used on CSXT for each group of locomotives identified in the 
approval letter.
    In the 5 years that this waiver has been in effect, several joint 
committees including representatives of FRA, railroads, labor 
organizations (both operating and maintaining crafts), locomotive 
manufacturers, airbrake manufacturers, and others have met repeatedly 
to evaluate the condition of the electronic air brake equipment on 
various groups of locomotives at ages beyond the 5-year clean, repair 
and test cycle previously approved. The BNSF Railway (BNSF) has 
convened a joint waiver committee to evaluate GE and EMD locomotives 
equipped with NYAB CCB-2 air brakes without an air dryer. Interim 
results at the 7 years of service mark have shown the air brake system 
condition to be substantially the same as for similar CSXT locomotives 
which are air dryer equipped. Tests, teardowns and inspections of WRE 
Fastbrake systems have recently begun on the Union Pacific Railroad 
(UP) and CSXT.
    Some of the locomotive groups being studied have not yet reached 
the clean, repair and test cycle time limit and the committees will 
continue to meet if this extension is granted. Certain other 
combinations of equipment have not yet passed beyond the 5-year age 
covered under the earlier waivers so committees to cover these groups 
are yet to be formed.
    In addition to the committee work being done, Norfolk Southern, UP, 
Amtrak, and Canadian National have submitted the proper documentation 
and have been individually approved for the same relief granted to CSXT 
based on the established similarity of their locomotives and electronic 
airbrake systems to those evaluated on CSXT.
    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 2005-
21613) and may be submitted by any of the following methods:

[[Page 7628]]

     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 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 February 4, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-2921 Filed 2-9-11; 8:45 am]
BILLING CODE 4910-06-P