[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Page 58560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24156]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2011-0070]
Petition for Waiver of Compliance
In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by
documents dated July 21 and July 27, 2011, the American Association of
Private Railroad Car Owners, Inc. (AAPRCO) has petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR parts 232 and 238. FRA assigned the petition Docket Number FRA-
2011-0070.
AAPRCO seeks a waiver of compliance from certain requirements of 49
CFR part 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment; End-of-Train Devices and 49 CFR part
238, Passenger Equipment Safety Standards. Presently, privately owned
passenger cars (PV), operated on National Railroad Passenger
Corporation (Amtrak) trains (or other passenger trains subject to the
applicable regulations of part 238), are permitted a periodic brake
maintenance interval according to 49 CFR 238.309(d). However, when the
same PVs are operated in freight trains for movement between their
storage or maintenance facilities and Amtrak, the applicable regulation
for periodic brake maintenance is the more restrictive of Appendix B to
49 CFR 232.17(b)(2). AAPRCO requests that PVs that are subject to the
maintenance requirements of Part 238, certified by an annual inspection
(``PC1'') by an Amtrak authorized inspector, and have been issued an
Amtrak 800000 series car number, be permitted to operate with the
inspection intervals of 49 CFR 238.309(d) when off the Amtrak system in
freight trains.
In addition, AAPRCO requests a waiver from the maintenance
requirement of 49 CFR 238.307(c)(9) requiring that ``an extensive
inspection of all center castings shall be conducted * * * at each
COT&S cycle provided in [Section] 238.309 for the equipment.'' AAPRCO
states that the ``Amtrak required 200,000 mile/10-year inspection
(`PC2/PC2A') of the center castings'' provides for a more frequent
inspection in terms of operating mileage than that required for Amtrak
and commuter-operated equipment, which typically travel 360,000 miles
per year. Therefore, AAPRCO requests consideration of the PC2/PC2A
inspection as an alternate compliance with 49 CFR 238.307(c)(9).
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Ave., SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
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 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 by November 7, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
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), or online at http://www.dot.gov/privacy.html.
Issued in Washington, DC, on September 14, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-24156 Filed 9-20-11; 8:45 am]
BILLING CODE 4910-06-P