
[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]               
[Page 33511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-147]                         

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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.

Kenwood U.S.A. Corporation

[(Waiver Petition Docket Number FRA-2009-0059]

    Kenwood U.S.A. Corporation (Kenwood) seeks a 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, Sec.  232.409(d)--Inspection and Testing of end-of-train 
devices, which requires the telemetry equipment to be tested for 
accuracy and calibrated if necessary at least every 368 days. It also 
requires that the date and location of the last calibration or test, as 
well as the name of the person performing the calibration or test, be 
legibly displayed on a weather-resistant sticker or other marking 
device affixed to the outside of both the front and the rear unit.
    This waiver will cover all Kenwood model NX-800-K UHF digital 
transceivers manufactured on or after August 24, 2007. This transceiver 
is competitive with a digitally synthesized radio produced by Wabtec, 
for which a similar waiver was granted (see Docket Number FRA-2004-
18895); and Kenwood requests that its product be treated in a similar 
fashion.
    Kenwood states that its NX-800-K device is inherently stable, 
reflecting the state of the art in digital synthesized transceivers. 
Test results submitted by Kenwood as part of its Federal Communications 
Commission (FCC) authorization process confirm the extreme frequency 
stability of this digital synthesized device. This compliance meets the 
(FCC) TIA-603 standard and current FCC Part 90 service rule 
specifications for railroad applications. Kenwood states that, as such, 
annual re-certification is unnecessary and administratively burdensome. 
Kenwood further states that the annual re-certification requirement was 
developed at the time when such radios were crystal controlled and 
stability was an issue, and that the rule has no application to 
digitally synthesized modern transceivers. Kenwood believes that the 
spirit of the rule is not violated by the requested waiver inasmuch as 
the radio design obviates the need for the annual certification and 
measurements.
    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-
2009-0059) 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 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 July 7, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E9-16506 Filed 7-13-09; 8:45 am]

BILLING CODE 4910-06-P
