
[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Notices]               
[Page 20740-20741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap08-129]                         

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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-2008-0015)

    The Association of American Railroads (AAR), on behalf of its 
member railroads, seeks a waiver of compliance with the Locomotive 
Safety Standards, 49 CFR Parts 229.27(a)(2) and 229.29(a), as they 
pertain to the requirements to clean, repair and test airbrake 
equipment associated with locomotive remote control systems 
manufactured by Cattron-Theimeg Inc. (Accuspeed, Beltpack, and Cantrac 
brands); Control Chief Corporation (MU & Go, Train Chief II, and Plug & 
Go brands); and General Electric Company (Locotrol brand). AAR requests 
to change the time interval requirements for the additional air brake 
equipment to align with the requirements for the other brake equipment 
on each locomotive, set by waiver for locomotives equipped with 26L air 
brakes at 1,104 days if not equipped with an air dryer (Docket No. H-
80-7) or 1,472 days if equipped with an air dryer (Docket No. FRA-2005-
21325) and at 5 years or longer for locomotives equipped with 
electronic air brakes (Docket Nos. FRA-2000-7367, FRA-2002-13397, FRA-
1999-6252 and FRA-2005-21613).
    In support of its application, AAR states that a precedent has been 
established by waiver Docket Number FRA-2006-24224, which granted 
relief to the Canadian National Railway (CN), extending the clean, 
repair and test interval to 1,472 days for remote control brake valves 
in the Cattron-Theimeg Beltpack brand systems. AAR contends that there 
is no reason that one railroad be permitted longer inspection intervals 
than other railroads and that there is also no justification for giving 
one remote control system longer inspection intervals than other 
systems.
    AAR recognizes that the CN waiver retains the requirement for 
cleaning air brake filtering devices every 368 days and agrees to this 
restriction. As attachments to the waiver petition, AAR also submitted 
letters from Cattron-Theimeg recommending a 5-year inspection interval 
for their three remote control locomotive (RCL) systems, a letter from 
Control Chief recommending a 48-month service interval for all of their 
RCL air brake components, and a page from the General Electric Locotrol 
Maintenance manual recommending a 5-year interval.
    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 2008-
0015) 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 45 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.

[[Page 20741]]

    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 April 9, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-8103 Filed 4-15-08; 8:45 am]

BILLING CODE 4910-06-P
