
[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Page 28284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11436]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0040]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated April 11, 2013, Canadian Pacific Railway (CP) 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 part 232, Brake System Safety Standards for Freight and Other 
NonPassenger Trains and Equipment; End-of-Train Devices. FRA assigned 
the petition Docket Number FRA-2013-0040.
    Specifically, CP requests relief from 49 CFR 232.205(c)(1)(ii)(B), 
Class I brake tests--initial terminal inspection, and 49 CFR 
232.207(b)(1), Class IA brake tests--1,000-mile inspection for trains 
operating in distributive power (DP) mode. CP requests that FRA allow 
90 cubic feet per minute (CFM) instead of 60 CFM airflow method leakage 
tests on trains operating in DP mode. CP states that it has been 
operating trains without incident under these conditions in Canada 
since 2010. CP's testing has demonstrated that: (1) The operation of DP 
trains with flow up to 90 CFM is safe, and (2) DP operation enhances 
safer train handling in cold weather. A summary of CP's testing and 
experience with higher-flow DP trains in Canada is illustrated in an 
American Society of Mechanical Engineers' (ASME) paper authored by CP 
and Wabtec Corporation, presented at the ASME/American Society of Civil 
Engineers/Institute of Electrical and Electronic Engineers 2012 Joint 
Rail Conference, and placed in the subject docket. CP has also included 
in its petition the proposed operating rule outlining when and how DP 
trains will be authorized to use the requested maximum 90 CFM air test 
criteria.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue 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 June 28, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as is 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on May 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-11436 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-06-P


