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 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 Pacific Railway (Waiver Petition Docket Number FRA-1999-

5894)

Canadian Pacific Railway (CP) seeks a permanent waiver of

compliance with certain provisions of the Locomotive Safety Standards,

49 CFR 229.29(a), concerning the time interval requirements of the

periodic cleaning, repairing and testing of locomotive air brake

components for all of its 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 229.29(a).

CP has been testing this 48 month extended cleaning interval in a

joint effort with Transport Canada under FRA waiver LI-88-4A. CP has

published the final test results, which CP claims indicate that 26L

type brakes can be safely operated on a 48 month schedule provided

there is a maintenance program in place to prevent moisture and

contaminants from entering the brake valves. CP further claims that the

test results are supported by records which indicate that since 1992,

CP has not experienced a train accident as the result of a malfunction

of the 26L brake system or its sub components.

A report issued in April 1997 by the Rail Safety Directorate,

Transport Canada, indicated that the overall test was successful,

however, four

[[Page 70113]]

problematic valves were identified, the SA 26 independent brake valve,

the 26C brake valve, the P2A brake application valve, and the A1

charging valve. Due to the problems, it was recommended that these

components stay on a 36 month interval until further testing was

accomplished and evaluated. Further controlled evaluation of the four

problematic valves was performed on a group of ten locomotives. At the

conclusion of this testing, it was determined that due to reliable

filtration and expulsion of contaminants from the air system, along

with improved trouble shooting methods, all exceptions to these valves

have been corrected.

Based on all of the test programs, Transport Canada, in a letter

dated May 11, 1999, approved CP's request to extend the inspection

interval from 36 to 48 months for 26L type brake equipment with the

following provisions:

Air compressors be maintained in accordance with

recommended practices;

There are effective inspections in place to oversee that

the compressor is functioning effectively;

Employees are trained and qualified to carry out their

specific tasks effectively;

Systems for the discharge or removal of moisture such as

automatic drain valves and air dryers are maintained to function

effectively.

CP would like approval for this request to harmonize regulatory

standards and permit the continued interchange of locomotives and

railway commerce between Canada and the United States as contemplated

by the NAFTA accord.

Interested parties are invited to participate in these proceedings

by submitting written views, data, or comments. FRA does not anticipate

scheduling public hearings in connection with these proceedings since

the facts do not appear to warrant hearings. 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 1999-

5894) and must be submitted to the Docket Clerk, DOT Docket Management

Facility, Room PL-401 (Plaza Level), 400 7th 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 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, D.C. on December 9, 1999.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 99-32442 Filed 12-14-99; 8:45 am]

BILLING CODE 4910-06-P