Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 26841 

Issued in Washington, DC on May 6, 2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–11211 Filed 5–11–10; 8:45 am] 

BILLING CODE 4910–06–P 

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: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• 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] 

BILLING CODE 4910–06–P 

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. 

Steam Railroading Institute 

[Docket Number FRA–2009–0060] 

The Michigan State Trust for Railway 

Preservation, Inc. (MSTRP), d/b/a Steam 

Railroading Institute (SRI) petitioned 

FRA for relief from the requirements of 

49 CFR 223.15 Existing passenger cars 

and § 223.13 Existing cabooses for 5 

passenger cars and 2 cabooses. 

Specifically, passenger cars MSTX 5576, 

5581, 5646, and 762 were built by the 

Canadian Car and Foundry Company in 

1954. Car number 2624 was built by the 

Pullman Car Company in 1950. 

Cabooses AA 2838 and AA 2839 were 

built in 1952. Since FRA’s long-standing 

definition of ‘‘antiquated’’ is being built 

prior to the end of World War II, even 

though this equipment is used in 

tourist/excursion/educational service, 

relief from the Federal safety glazing 

requirements is required. 

A caboose listed in the petition, 

number PM A909, was built in 1937, 

thus considered by FRA to be 

antiquated, but over 50 years of age from 

original construction. A Special 

Approval for continued use of this overage caboose will be considered under a 

separate proceeding. 

MSTRP primarily operates this 

equipment in steam and diesel 

locomotive powered excursion service 

on the entire trackage of the Great Lakes 

Central (GLC) and shared trackage 

utilized by GLC, the Ann Arbor Railroad 

and Canadian National Railroad. 

MSTRP has previously and in the future 

intends to operate (or lease to operators) 

this equipment in excursion service on 

the trackage of the Rail America 

subsidiaries Huron and Eastern Railway, 

Mid-Michigan Railroad, and Saginaw 

Valley Railway. In addition, occasional 

operations have previously taken place 

on the Lake State Railway and Saginaw 

Bay Southern. 

The above referenced passenger cars 

and cabooses have occasionally been 

leased for excursion service purposes to 

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