Petition for Waiver of Compliance
| Published date | 12 May 2020 |
| Citation | 85 FR 28137 |
| Record Number | 2020-10111 |
| Section | Notices |
| Court | Federal Railroad Administration |
Federal Register, Volume 85 Issue 92 (Tuesday, May 12, 2020)
[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 28137-28138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10111]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2009-0104]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on April 30, 2020, National
Railroad Passenger Corporation (Amtrak) petitioned the Federal Railroad
Administration (FRA) to renew a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 238, Passenger Equipment Safety Standards. FRA assigned the
petition Docket Number FRA-2009-0104.
Specifically, Amtrak seeks to renew the relief previously granted
regarding flammability and smoke emission requirements for passenger
car and locomotive cab materials as outlined in Appendix B of 49 CFR
238.103. Amtrak stated that its current fleet of 205 operating diesel
locomotives is comprised of the Genesis P42-8 model manufactured by
General Electric (GE). These locomotives were manufactured between 1996
and 2002, when the manufacturing and the material selection process
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 the latest smoke and flame requirements (49
CFR 238.103).
Amtrak and GE have collectively found alternate manufactures and
materials to eliminate the non-compliant materials from the locomotive
cab. However, due to the small fleet of passenger locomotives compared
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 continued 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,
[[Page 28138]]
Amtrak has not been able to order these items from vendors. Amtrak
listed 13 items in its petition and provided descriptions and analyses
about these items as support. Since the original waiver was granted in
2010, Amtrak has not had any safety-related incidents because of the
grandfathered materials used in the locomotive cabs.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
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 parties
desire an opportunity for oral comment and a public hearing, 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:
Website: 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 Ave. SE, W12-140, Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by June 26, 2020 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
Anyone can 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 document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-10111 Filed 5-11-20; 8:45 am]
BILLING CODE 4910-06-P
