Petition for a Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for a Waiver of Compliance

In accordance with Title 49 Code of Federal Regulations (CFR)

Sec. Sec. 211.9 and 211.41, notice is hereby given that the Federal

Railroad Administration (FRA) has received from the Palm Leaf

Corporation a request for a waiver of compliance with certain

requirements of the Railroad Power Brakes and Drawbars 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.

Palm Leaf Corporation (FRA Waiver Petition Docket Number: PB-96-5)

The Palm Leaf Corporation requests a one year waiver of compliance

from certain provisions of the Railroad Power Brake and Drawbars

regulations (49 CFR Part 232). Palm Leaf Corporation is

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requesting that it be permitted to extend the clean, oil, test and

stencil (COT&S) period from 36 months to 48 months for its private

railroad passenger car PPCX 800237, which is equipped with 26-C air

brake.

Title 49 CFR 232.17 (b)(2)states: ``Brake equipment on passenger

cars must be cleaned, 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 AAR.'' Standard S-

045 specifies 36 months for the 26-C type air brake equipment.

The Palm Leaf Corporation requests approval under the same

conditions as granted to the National Railroad Passenger Corporation

(Amtrak) in FRA Docket No.: H-94-3.

1. That 26-C brake equipment on passenger cars must be cleaned,

repaired, lubricated and tested (COT&S) as often as necessary to

maintain it in a safe and suitable condition for service but not less

frequently than once each 48 months;

2. All passenger cars with 26-C brake equipment must be single car

tested in accordance with the current AAR Standard S-044 each time it

is on a shop or repair track but not less frequently than once each 12

months.

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: PB-96-

5) and must be submitted in triplicate to the Docket Clerk, Office of

Chief Counsel, Federal Railroad Administration, Nassif Building, 400

Seventh Street, S.W., Washington, D.C. 20590. Communications received

within 45 days of publication 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 FRA's temporary docket room located at 1120

Vermont Avenue, N.W., Room 7051, Washington, D.C. 20005.

Issued in Washington, D.C. on November 7, 1996.

Phil Olekszyk,

Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 96-29314 Filed 11-14-96; 8:45 am]

BILLING CODE 4910-06-P