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[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Page 4073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1216]

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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.

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
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