[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Notices]
[Page 19427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8935]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

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

National Railroad Passenger Corporation

[Docket No. FRA-2000-7199]

    The National Railroad Passenger Corporation (Amtrak) seeks a 
temporary waiver of compliance with section 203 of FRA's Passenger 
Equipment Safety Standards (49 CFR part 238). On October 18, 1999, 
Amtrak, pursuant to 49 CFR 238.203, filed a ``grandfathering'' petition 
with FRA (Docket No. FRA-1999-6404), in which it requested approval to 
continue using five trainsets manufactured by Talgo, Inc. in the 
Pacific Northwest that do not meet the buff strength standards 
specified in Part 238. Section 203 of that part provides that use of 
non-compliant equipment subject to a grandfathering petition must cease 
on May 8, 2000, unless FRA has approved the petition by that date.
    Amtrak, in its petition for waiver, states that it believes there 
is a significant risk that FRA, will be unable to resolve 
administrative issues concerning information in the docket, obtain 
final comments from all interested parties, and then perform its own 
internal analysis and issue a final decision by May 8, 2000. Amtrak 
further states that ``in order to ensure there is no short term 
[service] disruption, Amtrak feels that it is essential that FRA extend 
the period during which operation of Talgo equipment is permissible 
beyond the current May 8, 2000 date, until a date that is 30 days after 
the date on which FRA acts finally on Amtrak's grandfathering 
petition.''
    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 since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA's 
Docket Clerk at Federal Railroad Administration, Office of Chief 
Counsel, 1120 Vermont Avenue, MS 10, Washington, DC, 20590, in writing, 
by April 20, 2000 and specify the basis for their request.
    All other communications concerning this proceeding should identify 
the appropriate docket number (e.g. Docket No. FRA-2000-7199) and must 
be submitted to the Docket Clerk, DOT Docket Management Facility, Room 
PL-40-1 (Plaza Level), 400 7th Street, SW, Washington, DC 20590. 
Communications received by April 26, 2000 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 
this proceeding are available for examination during regular business 
hours (9:00 am--5:00 pm) 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://dms.dot.gov.

    Issued in Washington, DC on April 6, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-8935 Filed 4-6-00; 3:11 pm]
BILLING CODE 4910-06-P