[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9583-9584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04046]



[[Page 9583]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2005-21613]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated January 21, 2016, the Association of American Railroads 
(AAR) has petitioned the Federal Railroad Administration (FRA) for 
renewal of a waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR part 229--
Railroad Locomotive Safety Standards. FRA assigned the petition Docket 
Number FRA-2005-21613.
    This regulatory relief was initially granted by FRA in a letter 
dated December 2, 2005. This letter, along with subsequent 
modifications and renewals, established a program to perform field 
investigations to determine new limits for the air brake system clean, 
repair, and test requirements applicable to electronic air brake 
systems manufactured by New York Air Brake (NYAB) and Wabtec Railway 
Electronics (Wabtec). At the time, those requirements were contained in 
49 CFR 229.27 and 229.29, which have since been reorganized and updated 
in 229.29 as level 2 and level 3 air brake system maintenance. The 
program required that each air brake system be periodically evaluated 
by a joint committee involving a railroad, the air brake manufacturer, 
labor organizations (both operating and maintenance crafts) and FRA 
representatives. Several joint committees, with extensive participation 
from each of the above mentioned groups, were formed on CSX 
Transportation (CSX), BNSF Railway (BNSF), and Union Pacific Railroad 
(UP). All of the air brake systems that were studied were endorsed by 
consensus of the participating groups for varying extensions to the 
clean, repair, and test intervals given in 49 CFR 229.29. All of the 
committees have concluded their investigations and none are currently 
meeting.
    As provided for in the waiver, relief was also extended to certain 
other AAR member railroads which applied for inclusion and provided a 
statement from the air brake manufacturer attesting to the similarity 
of their air brake systems to the ones tested.
    Based on the similarity of design documented by the air brake 
manufacturers and performance demonstrated by tests and teardowns 
performed on various AAR member railroads, AAR is requesting a unified 
extension of the waiver applicable to all member railroads. AAR also 
requests that this waiver extension include all of the NYAB and Wabtec 
Air Brake systems that were studied by the joint committees. The air 
brake systems, conditions, and restrictions are requested to be as 
given in approval letters to Amtrak (June 19, 2014), CSX (August 14, 
2015), and a joint letter to CSX and UP (October 15, 2015). A summary 
of the requested intervals and brake systems is given in the following 
table:

----------------------------------------------------------------------------------------------------------------
                                            Inspection
                  Model                      interval             Conditions                     Notes
                                              (years)
----------------------------------------------------------------------------------------------------------------
New York Air Brake CCB2, CCB26..........               9  Non-fragmented COT&S......  If equipped with BPCP
                                                                                       manufactured March 2013
                                                                                       or later.
New York Air Brake CCB2, CCB26..........               7  Non-fragmented COT&S......  If not equipped with BPCP
                                                                                       manufactured March 2013
                                                                                       or later.
New York Air Brake CCB2, CCB26..........  ..............  Fragmented COT&S..........
+ 16 Control Portion....................               9  Fragmented COT&S..........
+ Brake Pipe Control Portion............              10  Fragmented COT&S..........  If BPCP manufactured March
                                                                                       2013 or later.
+ Brake Pipe Control Portion............               7  Fragmented COT&S..........  If BPCP not manufactured
                                                                                       March 2013 or later.
+ All other portions....................              10  Fragmented COT&S..........
New York Air Brake CCB1.................             6.5  Non-fragmented COT&S......
New York Air Brake CCB1.................  ..............  Fragmented COT&S..........
+ 20 Portion............................             6.5  Fragmented COT&S..........
+ All other portions....................             8.5  Fragmented COT&S..........
WABTEC Epic 3101 & Epic 3102 w/o D2.....               8
WABTEC FastBrake........................              10
----------------------------------------------------------------------------------------------------------------

    AAR also submitted copies of FRA decision letters documenting the 
intervals above and giving complete conditions as determined by FRA 
based on the consensus reached in the various joint railroad, 
manufacturer, labor and FRA waiver committees. These letters are 
available online at www.regulations.gov under Docket Number FRA-2005-
21613; item numbers -0061, -0073, and -0076.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
(DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140, 
Washington, DC 20590. The Docket Operations Facility is open from 9 
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    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 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.

[[Page 9584]]

    Communications received by April 11, 2016 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-04046 Filed 2-24-16; 8:45 am]
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