Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

In accordance with Title 49 CFR Sections 211.9 and 211.41, notice

is hereby given that the Federal Railroad Administration (FRA) has

received a request for waiver of compliance with certain requirements

of the Federal safety laws and regulations. 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.

Westinghouse Air Brake Company

[Waiver Petition Docket Number H-92-3]

The Westinghouse Air Brake Company (WABCO), seeks a waiver of

compliance with certain provisions of the Locomotive Safety Regulations

(49 CFR part 229) for all locomotives equipped with the EPIC

3101 Microprocessor Controlled Brakes operating in the United States.

Section 229.29 stipulates that all brake valves be cleaned, repaired,

and tested at intervals that do not exceed 736 calendar days. In 1992,

WABCO requested and was granted temporary waivers of compliance (Docket

Number H-92-3) with Sec. 229.29, for locomotives equipped with the

EPIC 3101 and 3102 Microprocessor Controlled Brakes, by

extending the required time interval from 736 calendar days to five

years. In order to determine the optimum maintenance interval for this

type of equipment, WABCO has requested that the time intervals for the

requirements of Sec. 229.29 be extended to a period of seven years for

the eight locomotives (Norfolk Southern 7144-7150 and CP Rail 5501)

which are currently equipped with the EPIC 3101

Microprocessor Controlled Brakes. WABCO has determined the current

``mean-time-between-failure'' for the Norfolk Southern locomotives to

be in excess of 900 days.

Since granting of the original waiver, WABCO has furnished the

required quarterly reports of applications and of reported problems.

None of the problems are considered related to maintenance intervals.

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 comments, they should notify FRA, in

writing, before the end of the comment period and specify the basis for

their request.

All communication concerning these proceedings should identify the

appropriate docket number (e.g. Docket Number H-92-3) and must be

submitted in triplicate to the Docket Clerk, Office of Chief Counsel,

FRA, Nassif Building, 400 Seventh Street S.W., Washington, D.C. 20590.

Communications received within 45 days of the date of publication of

this notice, will be considered by FRA before final action is taken.

Comments received after that date will be considered as far as

practical. All written communications concerning these proceedings are

available for examination during regular business hours (9:00 a.m.-5:00

p.m.) in Room 7051, 1120 Vermont Ave., N.W., Washington, D.C. 20005.

Issued in Washington, D.C. on September 12, 1996.

Phil Olekszyk,

Acting Deputy Administrator for Safety.

[FR Doc. 96-23956 Filed 9-18-96; 8:45 am]

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