[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 9018-9019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4207]


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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) has received a request for a waiver of compliance from 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.

Maryland Department of Transportation

[Waiver Petition Docket Number FRA-2009-0010]

    The Maryland Department of Transportation (MTA) seeks a permanent 
waiver of compliance from 49 CFR 213.245 Vehicle Qualification Testing, 
as part of its recent purchase of new model MP36PH-3C locomotives for 
operation by its MARC train service on the National Passenger Railroad 
Corporation's (Amtrak) Northeast Corridor (NEC) at 100 miles per hour 
(mph) and three inches cant deficiency.
    MTA would like the FRA to allow qualification of these locomotives 
to occur without using the instrumented wheel-sets (IWS) test specified 
in Sec.  213.245. MTA has stated that this test is costly and not 
economically justified, given the long service history of the same 
truck that is currently in operation with similar locomotives. MTA 
further explains that the truck used on the MP36PH-3C locomotive has an 
extensive history of service on the Amtrak NEC with MARC GP39 and GP40 
locomotives, and have been successfully tested to 110 mph.
    MP36PH-3C's are used by Caltrain, MRCOG, UTA, and SCRRA, although 
not at FRA Class 6 speeds. MTA argues that the MP36PH-3C locomotive has 
similar carbody, weight, truck assemblies, and wheel profile as the GO 
Transit (Toronto) MP40PH-3C locomotive, which has been successfully 
tested at the Transportation Technology Center, Inc (TTCI) for safe 
operation up to 103 mph. The MP40PH-3C was approved by Transport Canada 
and Canadian National Railroad (CN). An important factor here is that 
in lieu of IWS, TTCI measured wheel/rail forces estimated by NUCARS 
simulations modeling software and by using wayside measuring systems 
such as strain gauges on instrumented rails.
    MTA proposes to qualify these locomotives on the Amtrak NEC at 
speeds up to 112 mph by monitoring truck frame lateral accelerations at 
positions above each of the four axles; and both vertical and lateral 
accelerations of the carbody on the cab floor and on the floor at the 
rear end of the locomotive. These will be evaluated against the 49 CFR 
213.333 Vehicle Track Interaction Limits. MTA will have NUCARS 
simulations performed by TTCI for the specific parameters to evaluate 
wheel-rail forces for speeds and track geometry of the MARC route over 
the Amtrak NEC.
    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-
2009-0010) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may

[[Page 9019]]

review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

    Issued in Washington, DC on February 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-4207 Filed 2-26-09; 8:45 am]
BILLING CODE 4910-06-P