Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Waiver Petition Docket No. PB-95-4]

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 a 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.

Northeast Illinois Railroad Corporation

Northeast Illinois Railroad Corporation (Metra) seeks a permanent

waiver of compliance from certain provisions of 49 CFR Part 232,

Section 17, on passenger cars equipped with 26-C brake equipment by

extending the clean, oil, test and stencil (COT&S) period from 36 to 48

months, and on passenger cars that are equipped with PS-68 brake

systems by eliminating the required 12 cycle of single car testing.

According to Metra's waiver request, their entire car fleet is equipped

with the 26-C brake valve and is captive to the Chicago metropolitan

area. Each Metra car is placed in a yard at least once each week. Their

passenger locomotive fleet is equipped with Graham-White Air Dryers

which provide a source of clean, dry air to the brake system. When on

repair tracks or upon completion of COT&S, Metra cars are tested under

Metra's Code of Tests for Passenger Cars. The Metra's Code of Tests for

Passenger Cars is based upon Association of American Railroad's (AAR)

Standard S-044 with the following enhancements:

Main reservoir pipe and reservoir leakage test (Part 2.2);

Test for auxiliary brake pipe reduction devices (Part

2.5);

Lift interlock pressure setting test (required feature

covered by the American Disabilities Act) (Part 2.10);

Test for cars equipped with the 26-C service portion

valves and ABDXL emergency portion valves (Part 2.16); and

Test for the car handbrake (Part 2.17).

The passenger cars operated on the Burlington Northern are equipped

with a PS-68 brake system, which has 26-C brake equipment as its

foundation. The PS-68 brake system is governed by a 48 month COT&S

cycle, per AAR Standard S-045. In date, testing has been performed as

the cars are repaired in maintenance shops. According to Metra, the car

is dependable and safe, and their experience with this equipment does

not support a benefit for the additional 12 month cycle of single car

testing.

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 (e.g., Waiver Petition Docket Number PB-95-4)

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 30 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 (9:00 a.m.-

5:00 p.m.) at FRA's temporary docket room located at 1120 Vermont

Avenue, N.W., Room 7051, Washington, D.C. 20005.

Issued in Washington, D.C. on December 20, 1996.

Phil Olekszyk,

Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 96-33303 Filed 12-31-96; 8:45 am]

BILLING CODE 4910-06-P