[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Page 26841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11208]


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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.

New Jersey Transit Corporation

[Waiver Petition Docket Number FRA-2010-0082]

    The New Jersey Transit Corporation (NJT) has petitioned FRA for an 
alternate method from compliance as cited in 49 CFR 238.105, which 
applies to electronic hardware and software used to control or monitor 
safety functions in passenger equipment. Title 49 CFR 238.105(d)(1) 
states that hardware and software that controls or monitors a train's 
primary braking system shall either:
    (i) Fail safely by initiating a full service brake application in 
the event of a hardware or software failure that could impair the 
ability of the engineer to apply or release the brakes or;
    (ii) Access to direct manual control of the primary braking system 
(both service and emergency braking) shall be provided to the engineer.
    NJT recently placed an order for 27 ALP-46A electric passenger 
locomotives, and the braking software being provided by the 
manufacturer only partly meets the above requirements.
    The railroad explains in their petition that the full service brake 
application is transmitted electronically to each MU's Friction Brake 
Control Unit (FBCU). FBCU then provides the requested brake application 
without drawing down brake pipe pressure. An Emergency Magnetic Valve 
(EMV) is provided on each MU for an electric emergency brake 
application. During normal operations, EMVs are energized in the closed 
position and any loss of power or software malfunction causes EMVs to 
open and vent to atmosphere causing the brakes over the entire consist 
to apply at an emergency rate.
    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-
2010-0082) 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 document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on May 6, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-11208 Filed 5-11-10; 8:45 am]
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