[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Page 20037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8693]
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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.
National Railroad Passenger Corporation
[Docket Number FRA-2009-0104]
The National Railroad Passenger Corporation (Amtrak), has
petitioned for a permanent waiver of compliance from the requirements
of the Fire Safety Standard, 49 CFR 238.103, which requires materials
used on the passenger car, meet the test performance criteria for
flammability and smoke emission characteristics as specified in
Appendix B of this section.
Amtrak stated that their current fleets of 205 operating diesel
locomotives are the Genesis P42-8 model manufactured by General
Electric (GE). These locomotives were manufactured between the years of
1996-2002. The Manufacturing and the material selection process at that
time were based on the 49 CFR part 229 regulations. However, due to the
inclusion of all locomotives on passenger trains under the 49 CFR part
238 regulations, some materials in the human occupied areas have since
become non-compliant under Smoke and Flame Requirements (49 CFR
238.103).
Amtrak and GE have collectively sort out alternate manufactures and
materials for eliminating the non-compliant materials from the
locomotive cab. However due to the comparatively small fleet of
passenger locomotives with freight locomotives, the cost and the
manufacturing feasibility of these materials, Amtrak has been unable to
obtain alternates for the components in question. Therefore, Amtrak
seeks a waiver for use of these materials in the locomotive cab.
Several of these materials need to be replenished in the locomotive
cabs; however due to the non-compliance, Amtrak has not been able to
order these items from vendors. Amtrak listed 13 items in its petition.
Amtrak provided descriptions and analyses about these items in support
of its petition.
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-
2009-0104) 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 April 12, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-8693 Filed 4-15-10; 8:45 am]
BILLING CODE 4910-06-P