
[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Page 58560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24156]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0070]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by 
documents dated July 21 and July 27, 2011, the American Association of 
Private Railroad Car Owners, Inc. (AAPRCO) has petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR parts 232 and 238. FRA assigned the petition Docket Number FRA-
2011-0070.
    AAPRCO seeks a waiver of compliance from certain requirements of 49 
CFR part 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment; End-of-Train Devices and 49 CFR part 
238, Passenger Equipment Safety Standards. Presently, privately owned 
passenger cars (PV), operated on National Railroad Passenger 
Corporation (Amtrak) trains (or other passenger trains subject to the 
applicable regulations of part 238), are permitted a periodic brake 
maintenance interval according to 49 CFR 238.309(d). However, when the 
same PVs are operated in freight trains for movement between their 
storage or maintenance facilities and Amtrak, the applicable regulation 
for periodic brake maintenance is the more restrictive of Appendix B to 
49 CFR 232.17(b)(2). AAPRCO requests that PVs that are subject to the 
maintenance requirements of Part 238, certified by an annual inspection 
(``PC1'') by an Amtrak authorized inspector, and have been issued an 
Amtrak 800000 series car number, be permitted to operate with the 
inspection intervals of 49 CFR 238.309(d) when off the Amtrak system in 
freight trains.
    In addition, AAPRCO requests a waiver from the maintenance 
requirement of 49 CFR 238.307(c)(9) requiring that ``an extensive 
inspection of all center castings shall be conducted * * * at each 
COT&S cycle provided in [Section] 238.309 for the equipment.'' AAPRCO 
states that the ``Amtrak required 200,000 mile/10-year inspection 
(`PC2/PC2A') of the center castings'' provides for a more frequent 
inspection in terms of operating mileage than that required for Amtrak 
and commuter-operated equipment, which typically travel 360,000 miles 
per year. Therefore, AAPRCO requests consideration of the PC2/PC2A 
inspection as an alternate compliance with 49 CFR 238.307(c)(9).
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://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 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 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 by November 7, 2011 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 14, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-24156 Filed 9-20-11; 8:45 am]
BILLING CODE 4910-06-P


