Petition for Waiver of Compliance

Federal RegisterJul 22, 1994

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

In accordance with 49 CFR 211.9 and 211.41, notice is hereby given

that the Federal Railroad Administration (FRA) has received a request

for waivers of compliance with certain requirements of the Federal

safety laws and regulations. The petition is described below, including

the regulatory provisions involved, the nature of the relief being

requested and the petitioner's arguments in favor of relief.

National Railroad Passenger Corporation (Amtrak)

[Waiver Petition Docket Number PB-94-3]

Amtrak is seeking a waiver of compliance from certain sections of

the Railroad Power Brakes and Drawbars Regulations, 49 CFR Part 232.

Amtrak is requesting that it be permitted to extend the clean, oil,

test and stencil (COT&S) period from 36 months to 48 months on all

passenger cars equipped with 26-C Brake Equipment. Section 232.17(b)(2)

states--``Brake equipment on passenger cars must be clean, repaired,

lubricated and tested as often as necessary to maintain it in a safe

and suitable condition for service but not less frequently than as

required in Standard S-045 in the Manual of Standards and Recommended

Practices of the Association of American Railroads (AAR).'' Paragraph

2.1.2 of Standard S-045 (AAR Manual Section A, Part III) currently

specifies 36 months for 26-C Type Brake Equipment.

FRA Docket Number H-91-2 authorized Amtrak to conduct a four year

test of the 26-C Brake Equipment on 50 cars of their 103 Horizon car

fleet built between May 1989 and January 1990. A tear down inspection

of five representative cars was conducted after the four year service

period. The test has now been concluded and a final report indicating

satisfactory performance of the brake equipment over the four year test

period has been issued. As a result of this performance, Amtrak has

requested that the COT&S period for all cars with 26-C Brake Equipment

be extended to 48 months.

Interested parties are invited to participate in these proceedings

by submitting written reviews, 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 PB-94-3) and must be submitted in

triplicate to the Docket Clerk, Office of Chief Counsel, FRA, Nassif

Building, 400 Seventh Street, S.W., Washington, D.C. 20590.

Communications received before August 22, 1994 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 (9:00 a.m.-5:00 p.m.) in Room 8201, Nassif

Building, 400 Seventh Street S.W., Washington, D.C. 20590.

Issued in Washington, D.C. on July 18, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-17928 Filed 7-21-94; 8:45 am]

BILLING CODE 4910-06-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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