[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


