Petition for Waiver of Compliance

Federal RegisterJun 2, 1997

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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 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.

Metro-North Railroad

[Waiver Petition Docket Number H-91-4]

Metro-North Railroad (Metro-North) seeks a permanent waiver of

compliance from certain provisions of the Railroad Locomotive Safety

Standards, 49 CFR Section 229.29, concerning the required time

intervals for cleaning, repairing, and testing of MU locomotive brake

equipment. Specifically, Metro-North requests an extension of the time

interval requirements from 736 days to 1104 days. In 1991, Metro-North

was granted a temporary test waiver to determine whether extending the

time interval requirements for clean, oil, test, and stencil (COT&S)

from 736 days to 1104 days on MU locomotives could be accomplished

without compromising brake system reliability and safety. The test

fleet consisted of 92 M-series electric railcars. During the test

period, the cars were given special operational air brake testing, and

all valves were removed and disassembled for inspection. Metro-North

submitted a comprehensive report detailing the results of the

inspections and tests which were performed in accordance with the

Metro-North Railroad Demonstration Test Plan dated March 15, 1991.

Metro-North concludes that the successful test results demonstrate that

extending COT&S to 3 years on MU locomotives can be accomplished

without compromising brake and train/railcar safety.

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 H-91-4)

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 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 (9:00 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 May 20, 1997.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 97-14241 Filed 5-30-97; 8:45 am]

BILLING CODE 4910-06-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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