

[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Notices]               
[Page 2978-2979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja08-127]                         

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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.

[[Page 2979]]

Electro-Motive Diesels, Inc.

(Waiver Petition Docket Number FRA-2007-0031)

    The Electric-Motive Diesels, Inc. (EMD) seeks a temporary waiver of 
compliance from certain provisions of 49 CFR Part 232, Brake System 
Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment. Specifically, the requirements for equipping new locomotives 
with the ability to display in ``real-time'' in the cab of the 
controlling (lead) locomotive the total train dynamic brake retarding 
force available in the train, as prescribed in Sec.  232.309(g)(2).
    EMD is making this request due to a shortage of a critical 
component required for the system. This will affect up to 40 
locomotives that EMD will be delivering to BNSF Railway during January 
and February, 2008, that will not have the ability to communicate 
dynamic brake status with other locomotives in the consist. EMD states 
that this non-compliant condition will be corrected within 184 days, at 
the locomotive's second quarterly inspection. EMD states that they will 
provide the specific locomotive road numbers to FRA after the 
locomotives are shipped and will follow-up with notification when they 
are brought into compliance. In support of the waiver request, EMD 
notes that all of these units are equipped to display the train 
deceleration rate presently allowed as an alternative for rebuilt 
locomotives as prescribed in Sec.  232.109(h)(2).
    Communications received within 15 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. 
Since this portion of the regulations did not become effective until 
late 2007, and only applies to new locomotives placed in service after 
October 2007, FRA reserves the right to grant temporary relief prior to 
the expiration of the comment period so that EMD may meet existing 
contracts. FRA expects the railroads to operate these non-compliant 
locomotives under the same requirements as prescribed in Sec.  232.109, 
Dynamic Brake Requirements, for locomotives not equipped with the 
ability to display this real-time dynamic brake information to the 
locomotive engineer.
    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-
2007-0031) 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.
    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 January 9, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-685 Filed 1-15-08; 8:45 am]

BILLING CODE 4910-06-P
