
[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 81012-81013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33047]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0094]


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 of the Code of Federal 
Regulations (CFR), this document provides public notice that by a 
document dated October 28, 2011, the Maryland Transit Administration 
(MTA) has petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained at 49 CFR Section 213.329, Curves, 
elevation and speed limitations; Section 213.333, Automated vehicle 
inspection systems; and Section 213.345, Vehicle qualification testing. 
FRA assigned the petition Docket Number FRA-2011-0094.
    MTA seeks a permanent waiver of compliance from the provisions of 
49 CFR Sections 213.329, 213.333, and 213.345 as part of its recent 
purchase of 26 new model MP36PH-3C locomotives. These locomotives are 
intended for operation by MTA's Maryland Area Regional Commuter (MARC) 
train service on the National Railroad Passenger Corporation's (Amtrak) 
Northeast Corridor (NEC) at 100 mph and 4 inches cant deficiency. In 
MTA's previous waiver request, dated January 22, 2009, MTA sought 
relief from 49 CFR Section 213.345(b), which references 49 CFR Section 
213.333. The waiver would allow MTA to test the MP36 locomotives with 
accelerometers, instead of instrumented wheelsets. MTA also indicated 
that it would use computer simulations to evaluate the wheel/rail 
forces for speeds and track geometry of the MARC route over the NEC.
    In December 2010, during route testing in Maryland, the MP36PH-3C 
sustained carbody yaw oscillations that exceeded the carbody lateral 
acceleration limits described in FRA's Notice of Proposed Rulemaking 
(NPRM), as found in Docket Number FRA-2009-0036. In February 2011, MTA 
rescinded that waiver petition until a solution to the carbody yaw 
issue could be developed and implemented.
    In its current waiver petition, MTA indicated that it has developed 
and implemented a solution to the sustained carbody yaw issue by 
modifying the MP36PH-3C locomotive truck, as detailed in Attachment 2 
to the waiver petition. It also indicated that computer simulations 
using a valid computer model demonstrated that the modified MP36PH-3C 
locomotive complies with the wheel/rail forces and the truck and 
carbody acceleration limits contained in the NPRM for 49 CFR section 
213.333.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave. 
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.
    Communications received by February 10, 2012 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 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), or online at http://www.dot.gov/privacy.html.


[[Page 81013]]


    Issued in Washington, DC on December 20, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-33047 Filed 12-23-11; 8:45 am]
BILLING CODE 4910-06-P


