Petition for Waiver of Compliance

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 from certain

requirements of its safety 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.

CSX Transportation

[Docket Number FRA-1999-6252]

CSX Transportation (CSXT) seeks a waiver of compliance from certain

provisions of the Railroad Locomotive Safety Standards, 49 CFR Part

229. Specifically, CSXT requests relief from the requirements of 49 CFR

229.27(a)(2) Annual Tests and 49 CFR 229.29(a) Biennial Tests, as

solely applicable to all present and future installations of the New

York Air Brake Corporation (NYAB) Computer Controlled Brake (CCB)

Systems on CSXT locomotives. Part 229.27(a)(2) requires that, ``Brake

cylinder relay valve portions, main reservoir safety valves, brake pipe

vent valve portions, feed and reducing valve portions in the air brake

system (including related dirt collectors and filters) shall be

cleaned, repaired, and tested'' at intervals that do not exceed 368

calendar days. Part 229.29(a) requires in part that ``* * * all valves,

valve portions, MU locomotive brake cylinders and electric-pneumatic

master controllers in the air brake system (including related dirt

collectors and filters) shall be cleaned, repaired , and tested at

intervals that do not exceed 736 calendar days.'' CSXT requests these

provisions be temporarily waived to accommodate the implementation of a

Test Plan to prove the new technology incorporated in this brake system

is more reliable and safer in the Rail Transportation Industry, with

the intent of moving to a component repair as required, performance-

based COT&S criterion.

[[Page 58899]]

The time interval for the requirements of Part 229.29(a) was

extended to 1,104 calendar days in 1985 for 26L Brake equipment, based

on proven service reliability with the evolution of improved

components. The time interval for CCB equipment was extended to 1,840

calendar days in 1996, per FRA Test Waiver, H-95-3.

CSXT states that the CCB equipment used on their locomotives

provides reliable operation based upon the availability of diagnostics,

which continuously monitors the function of all critical components.

When the CCB diagnostics detects operational characteristics outside

allowed limits, the system automatically takes appropriate action to

assure safety. Because failures are detected and fault action is

automatically initiated, CSXT believes that COT&S intervals can be

increased without any impact on safety.

CSXT bases their Test Plan on the following: (1) The reduction of

mechanical devices through the use of micro-processor logic; (2) the

replacement of ``O'' ring technology with ``poppet'' technology; (3)

the immediate detection of faults or improper operation through the

vigilance of a microcomputer; (4) the control of faults to a known safe

condition; (5) emergency brake initiation and brake cylinder pressure

development is accomplished mechanically as well as electronically

under any condition; and (6) the performance of CCB equipment during

current FRA Waiver H-95-3.

The Test Plan is designed to determine the feasibility of a

``performance-based'' COT&S. The initial duration of the test shall be

six years from the in-service date of the locomotives listed in the

control group. At the end of the six years, an evaluation and review

will be made to assess whether an extension of an additional year for

the test will be granted. Data collection for this test shall be

accomplished within the present structure of the CSXT Mechanical

Operations group, with assistance of NYAB Field Service Engineering.

The test plan has specific requirements to tag and record detailed

information on all faulty brake components removed from locomotives

equipped with the CCB system and covered by this waiver. Data analysis

for confirmation of failures will be determined by CSXT, NYAB Field

Service Engineering and/or NYAB Service Department. A ``criticality

rating'' will be assigned to each component failure and all information

will be compiled for an evaluation of performance.

The periodic (92-day) test, per Sec. 229.23, will be performed on

all locomotives in the test group and replacement of all filtering

devices and dirt collectors will be done annually. CSXT, NYAB, and FRA

will perform an annual test of the CCB system, per NYAB Test ABT-2771,

on select locomotives from the control group. The results of the tests

and the information gathered throughout the year will be used to

determine if the test plan can be extended for another year.

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 FRA-

1999-6252) and must be submitted to the Docket Management Facility,

Room PL-401, (Plaza Level) 400 Seventh Street, SW, Washington, DC

20590-0001. 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, DC. on October 25, 1999.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 99-28465 Filed 10-29-99; 8:45 am]

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