
[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Notices]               
[Page 20037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap10-154]                         

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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) has received a request for a waiver of compliance from 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.

National Railroad Passenger Corporation

[Docket Number FRA-2009-0104]

    The National Railroad Passenger Corporation (Amtrak), has 
petitioned for a permanent waiver of compliance from the requirements 
of the Fire Safety Standard, 49 CFR 238.103, which requires materials 
used on the passenger car, meet the test performance criteria for 
flammability and smoke emission characteristics as specified in 
Appendix B of this section.
    Amtrak stated that their current fleets of 205 operating diesel 
locomotives are the Genesis P42-8 model manufactured by General 
Electric (GE). These locomotives were manufactured between the years of 
1996-2002. The Manufacturing and the material selection process at that 
time 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 Smoke and Flame Requirements (49 CFR 
238.103).
    Amtrak and GE have collectively sort out alternate manufactures and 
materials for eliminating the non-compliant materials from the 
locomotive cab. However due to the comparatively small fleet of 
passenger locomotives 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 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, Amtrak has not been able to 
order these items from vendors. Amtrak listed 13 items in its petition. 
Amtrak provided descriptions and analyses about these items in support 
of its petition.
    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-
2009-0104) 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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 12, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-8693 Filed 4-15-10; 8:45 am]
BILLING CODE 4910-06-P

