# Petition for Waiver of Compliance > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-957 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** January 15, 1997 - **Citation:** 62 FR 2213 ## Text DEPARTMENT OF TRANSPORTATION [FRA Docket No. LI-96-2] 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. Canadian National Railroad [Waiver Petition Docket Number LI-96-2] The Canadian National Railroad (CN) seeks a permanent waiver of compliance with certain provisions of the Locomotive Safety Standards, 49 CFR 229.27 (a)(2) and 229.29 (a), concerning the time interval provisions of the periodic cleaning, repairing, and testing of locomotive air brake components for all of their 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 229.27 (a)(2) and 229.29 (a). Transport Canada has now authorized CN to operate its locomotives equipped with 26L braking equipment on 48-month cleaning intervals. The only exceptions are two valves in the system (P2A and H5) which will remain on a 36-month interval until future [[Page 2214]] evaluations establish that desired improvements with the valves have been achieved. According to CN, during the extensive testing period, which began in 1987 and involved approximately 1,200 locomotives, the reliability of the braking systems was never an issue, therefore, train operating safety is not at risk. With the high number of locomotives operating in international service, CN states that managing two different braking system maintenance intervals would be both problematic and costly. Further, to revert to a 36 month cleaning interval after almost ten years of successful testing at 48 month intervals, would not provide any additional safety benefits. CN would like the 48-month maintenance interval to be accepted for all of their locomotives that operate in the United States. 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 LI-96-2) 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 January 8, 1997. Phil Olekszyk, Deputy Associate Administrator for Safety Compliance and Program Implementation. [FR Doc. 97-957 Filed 1-14-97; 8:45 am] BILLING CODE 4910-06-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-957. Public record. Not legal advice.