[Federal Register: December 15, 1999 (Volume 64, Number 240)] [Notices] [Page 70112-70113] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15de99-115] ----------------------------------------------------------------------- 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 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. Canadian Pacific Railway (Waiver Petition Docket Number FRA-1999- 5894) Canadian Pacific Railway (CP) seeks a permanent waiver of compliance with certain provisions of the Locomotive Safety Standards, 49 CFR 229.29(a), concerning the time interval requirements of the periodic cleaning, repairing and testing of locomotive air brake components for all of its locomotives operating in the United States equipped with 26L type brake equipment. FRA currently permits railroads to operate locomotives equipped with 26L type brakes for periods not to exceed 1,104 days before performing the testing and inspection required by 49 CFR 229.29(a). CP has been testing this 48 month extended cleaning interval in a joint effort with Transport Canada under FRA waiver LI-88-4A. CP has published the final test results, which CP claims indicate that 26L type brakes can be safely operated on a 48 month schedule provided there is a maintenance program in place to prevent moisture and contaminants from entering the brake valves. CP further claims that the test results are supported by records which indicate that since 1992, CP has not experienced a train accident as the result of a malfunction of the 26L brake system or its sub components. A report issued in April 1997 by the Rail Safety Directorate, Transport Canada, indicated that the overall test was successful, however, four [[Page 70113]] problematic valves were identified, the SA 26 independent brake valve, the 26C brake valve, the P2A brake application valve, and the A1 charging valve. Due to the problems, it was recommended that these components stay on a 36 month interval until further testing was accomplished and evaluated. Further controlled evaluation of the four problematic valves was performed on a group of ten locomotives. At the conclusion of this testing, it was determined that due to reliable filtration and expulsion of contaminants from the air system, along with improved trouble shooting methods, all exceptions to these valves have been corrected. Based on all of the test programs, Transport Canada, in a letter dated May 11, 1999, approved CP's request to extend the inspection interval from 36 to 48 months for 26L type brake equipment with the following provisions: Air compressors be maintained in accordance with recommended practices; There are effective inspections in place to oversee that the compressor is functioning effectively; Employees are trained and qualified to carry out their specific tasks effectively; Systems for the discharge or removal of moisture such as automatic drain valves and air dryers are maintained to function effectively. CP would like approval for this request to harmonize regulatory standards and permit the continued interchange of locomotives and railway commerce between Canada and the United States as contemplated by the NAFTA accord. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling public hearings in connection with these proceedings since the facts do not appear to warrant hearings. 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 1999- 5894) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, S.W., Washington, D.C. 20590. 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://dms.dot.gov. Issued in Washington, D.C. on December 9, 1999. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 99-32442 Filed 12-14-99; 8:45 am] BILLING CODE 4910-06-P