
[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Notices]               
[Page 45096-45097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au08-126]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver 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.

Connecticut Department of Transportation

[Waiver Petition Docket Number FRA-2008-0088]

    The Connecticut Department of Transportation (CDOT) in conjunction 
with the National Railroad Passenger Corporation (Amtrak) seeks a 
waiver of compliance from certain provisions of 49 CFR Part 238, 
Passenger Equipment Safety Standards. Specifically, Sec.  
238.309(d)(2), which provide the clean, oil, test, and stencil (COT&S) 
requirements for air brake valves.
    In the aftermath of the events surrounding Hurricane Katrina, the 
Federal Emergency Management Agency (FEMA) has identified a need to 
have passenger car equipment readily available for emergency evacuation 
purposes. CDOT has responded by making 10 demotored SPV passenger cars 
that have been identified and are currently in storage available to 
support this effort. In order to expedite the return of this equipment 
for immediate service, CDOT requests relief from the COT&S 
requirements.
    The range of dates in which these cars last had a COT&S performed 
is July 2001, to May 2006. The regulation requires a COT&S every 1,476 
days. Prior to being placed in-service, CDOT will contract Amtrak to 
perform a single car air brake test on each car to ensure the integrity 
of the air brake system. Additionally, Amtrak will ensure the integrity 
of all safety critical systems, as outlined in Sec. Sec.  238.303, 
238.305 and 238.311 and will be the custodian of the cars while in 
emergency stand-by status.
    FRA reserves the right to issue a temporary interim waiver if an 
emergency arises or other conditions warrant before the comment period 
ends for this waiver request.
    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

[[Page 45097]]

appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0088) 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 20 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 July 29, 2008.
Michael Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. E8-17705 Filed 7-31-08; 8:45 am]

BILLING CODE 4910-06-P
