# Petition for a Waiver of Compliance

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-29314

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** November 15, 1996
- **Citation:** 61 FR 58602

## Text

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

[[Page 58603]]

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-29314. Public record. Not legal advice.
