
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74798-74799]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-101]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Special Approval of Alternate Standard

    In accordance with Part 238.21 of Title 49 Code of Federal 
Regulations (CFR), notice is hereby given that the Federal Railroad 
Administration (FRA) received a request for approval of an Alternate 
Standard of compliance with certain requirements of its safety 
standards. The individual petition is described below, including the 
party seeking relief, the regulatory provisions involved, the nature of 
the relief being requested, and the petitioner's arguments in favor of 
relief.

American Public Transit Association

[Special Approval Petition Docket Number FRA-2005-20853]

    The American Public Transit Association (APTA) seeks approval for 
use of an alternate standard required to be used in accordance with the 
Passenger Equipment Safety Standards, 49 CFR Part 238, Section 311, 
single car test of passenger equipment brakes.

[[Page 74799]]

Section 311(a) requires single car air brake tests on all passenger 
cars, except self-propelled passenger cars. Specifically, Sec.  
238.311(a) requires single car tests of all passenger cars and all 
unpowered vehicles used in passenger trains be performed in accordance 
with ``either APTA Standard SS-M-005-98, `Code of Tests for Passenger 
Car Equipment Using Single Car Testing Device,' published March, 1998; 
or an alternative procedure approved by FRA pursuant to Sec.  238.21.'' 
By letter dated August 17, 2005, FRA approved Revision 1 of the APTA 
Standard as an alternative standard of compliance (Revision 1 required 
a railroad to perform the single car test procedure at the same working 
pressure as the car being tested utilizes in revenue service. The 
Original Test Standard dated March 1998, required that the test be 
performed at 90 psi while some trains operate their brake systems at 
110 psi.) APTA now requests that Revision 2 of the APTA Standard, dated 
May 18, 2007, be incorporated into the requirements of Sec.  
238.311(a). These revisions are editorial in nature to Revision 1.
    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 FRA-
2008-20853) 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 within 45 days of the date 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 the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    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).

    Issued in Washington, DC, on December 1, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-29097 Filed 12-8-08; 8:45 am]

BILLING CODE 4910-06-P
