[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Page 59230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28553]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration
[Docket No. FRA-1999-6404]


Petition for Grandfathering of Non-Compliant Equipment; National 
Railroad Passenger Corporation

    In accordance with 49 CFR 238.203(f), notice is hereby given that 
the National Railroad Passenger Corporation (Amtrak) has petitioned the 
Federal Railroad Administration (FRA) for grandfathering of non-
compliant equipment for use on specified rail lines.
    Section 238.203 of title 49 of the Code of Federal Regulations 
addresses static end strength requirements for passenger rail 
equipment. Paragraph (a)(1) provides that all passenger equipment 
(subject to limited exceptions) shall resist a minimum static end load 
of 800,000 pounds applied on the line of draft without permanent 
deformation of the body structure. Paragraph (d)(2) provides that 
``[a]ny passenger equipment placed in service on a rail line or lines 
before November 8, 1999 that does not comply with the requirements of 
paragraph (a)(1) may continue to be operated on that particular line or 
(those particular lines) if the operator of the equipment files a 
petition seeking grandfathering approval under paragraph (d)(3) before 
November 8, 1999. Such usage may continue while the petition is being 
processed, but in no event later than May 8, 2000, unless the petition 
is approved.''
    Amtrak has petitioned for grandfathering of Talgo articulated 
trainsets for operation on the rail lines between Vancouver, British 
Columbia and Eugene, Oregon; between Las Vegas, Nevada and Los Angeles, 
California; and between San Diego, California and San Luis Obispo, 
California. The equipment consists of five trainsets of twelve cars 
each and five spare cars for a total of sixty-five cars. In support of 
its petition, Amtrak states that, ``the Talgo trainsets provide a level 
of safety to passengers and crew in case of collision that is 
comparable to that of passenger equipment presently in use in North 
America.''
    Interested parties are invited to participate in this proceeding by 
submitting written views, data or comments. FRA does not anticipate 
scheduling a public hearing in connection with this proceeding, 
however, 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 this proceeding should be identified 
with Docket Number FRA-1999-6404 and must be submitted to the Docket 
Clerk, DOT Central Docket Management Facility, Room PL-401, 400 
Seventh, SW., Washington, DC 20590-0001. Communications received within 
30 days of publication of the notice will be considered by FRA before 
final action is taken. Comments received after that date will be 
considered to the extent possible. Amtrak's petition and all written 
communications concerning this proceeding are available for examination 
during regular business hours (9 a.m. to 5 p.m.) at DOT Central Docket 
Management Facility, Room PL-401 (Plaza Level), 400 Seventh, SW., 
Washington, DC 20590-0001. 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://dms.dot.gov.
    In a related notice published in today's Federal Register, FRA has 
given notice that Amtrak has filed with FRA a petition for exemption 
under 49 U.S.C. 24305(f) from its statutory domestic preference to 
permit Amtrak to purchase one of the Talgo trainsets referenced in 
Amtrak's grandfathering petition. A thirty day comment period is also 
being provided for this separate proceeding.

    Issued in Washington, DC, on October 25, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 99-28553 Filed 11-1-99; 8:45 am]
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