Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4073 

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 

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 January 14, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–1203 Filed 1–21–09; 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. 

Metropolitan Transit Authority 

[Waiver Petition Docket Number FRA–2008– 

0156] 

The Metropolitan Transit Authority 

(MTA), on behalf of the Long Island Rail 

Road (LIRR) and Metro-North Commuter 

Rail (MNCW), seeks approval for a 

waiver of compliance with the 

requirements of the Passenger 

Equipment Safety Standards contained 

in 49 CFR 238.105(d)(1), train electronic 

hardware and software safety. Section 

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.’’ 

This waiver is for over 1,000 M–7 

electric MU’s already being operated 

over LIRR and MNCW. The braking 

software provided by the manufacturer 

only partly meets the above 

requirements. The railroad requests that 

an application of only emergency brakes 

in the event of a loss of power, or failure 

(hardware and software), of the friction 

brake control unit be allowed in lieu of 

either the requirement for a full service 

brake application or restoration of direct 

manual control of the primary braking 

system to the operator. 

The electric MU locomotives brake 

systems were provided by Knorr Brake 

Corporation and the electronic control 

logic was provided by Mitsubishi 

Electric Company. The railroad explains 

in their petition that the full service 

brake application is transmitted 

electronically to an analog converter 

which provides pneumatic brake force 

through application and release magnet 

valves. Emergency brake function is 

provided by venting brake pipe to 

initiate a trainline brake application. 

Emergency brake application can be 

initiated via the Master Controller, the 

B3C conductors valve, or by loss of 

trainline power to the emergency 

magnet valve circuit causing trainline to 

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–2008– 

0156) 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, S.E., 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 

comment (or signing the comment, 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 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on January 14, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–1216 Filed 1–21–09; 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) 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 Rail 

[Docket Number FRA–2008–0097] 

The New Jersey Transit Rail (NJ 

Transit) seeks a waiver of compliance 

from certain provisions of 49 CFR Part 

218, Railroad Operating Practices. 

Specifically, NJ Transit is requesting a 

waiver of Blue Signal Requirements as 

prescribed in 49 CFR 218.29(c)(1) at 

their Morrisville Yard facility located in 

Morrisville, PA. 


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