[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