[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Notices]
[Pages 70112-70113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32442]
-----------------------------------------------------------------------
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
