[Federal Register Volume 65, Number 84 (Monday, May 1, 2000)]
[Notices]
[Page 25419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10835]



[[Page 25419]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2000-7290]


Petition for Waiver To Operate Special Train

    The National Railroad Passenger Corporation (Amtrak) has filed a 
letter with the Federal Railroad Administration (FRA) seeking approval 
to operate a special non-revenue train for the Arizona Department of 
Transportation on May 5, 2000. A copy of this letter is included in the 
docket. The two-hour train run will use track owned by the Union 
Pacific between Phoenix and Tucson, Arizona. The train proposed for use 
will include two Amtrak locomotives, one at each end, and a 12-car 
trainset manufactured by Talgo. The Talgo trainset is currently being 
operated by Amtrak in the Pacific Northwest Rail Corridor between 
Eugene, Oregon and Vancouver, British Columbia. FRA is treating the 
request as a temporary waiver request from the requirements of 49 CFR 
238.203.
    Amtrak has previously filed a grandfathering petition with FRA for 
approval to continue using the trainset in question and four other 
Talgo trainsets; these trainsets do not meet the static end strength 
standards specified in 49 CFR 238.203. This grandfathering petition has 
been docketed as Docket No. FRA-1999-6404. Paragraph (d) of section 
238.203 allows a railroad to continue using railroad passenger 
equipment that does not conform to FRA's static end strength 
requirements on a particular rail line or lines while a petition for 
grandfathering approval is being processed. None of the five trainsets 
has been used on the Union Pacific's rail line between Phoenix and 
Tucson.
    Amtrak's letter includes the following discussion of the special 
precautions Amtrak is taking to protect the safety of the special train 
run.

    The precautions that we are prepared to take--such as: (i) 
ensuring that an Amtrak locomotive will be on each end of the Talgo 
trainset, followed by a Talgo power or baggage car that carries no 
passengers; (ii) operating the equipment during daylight hours only; 
(iii) ensuring operating supervision by both the Union Pacific and 
Amtrak; (iv) maintaining speed restrictions within yard limits; and 
(v) having the State of Arizona provide increased grade crossing 
protection--when coupled with the fact that we will be using 
equipment that is currently operating safely under similar 
conditions in the Pacific Northwest, demonstrates that this special 
train will in no way compromise the safety of the passengers, 
railroad employees or the general public.

    Interested parties are invited to participate in this proceeding 
(Docket No. FRA-2000-7290) by submitting written views, data, or 
comments. In accordance with 49 CFR 211.25, FRA has decided to hold a 
public hearing on Amtrak's request to use the trainset on the special 
train run. A public hearing is hereby set for 1 p.m. on Wednesday, May 
3, 2000, at the Federal Railroad Administration, 7th floor, conference 
room 2, 1120 Vermont Ave., NW, Washington, DC 20590. Interested parties 
are invited to present oral statements at the hearing. The hearing will 
be an informal one and will be conducted in accordance with FRA's Rules 
of Practice (49 CFR 211.25) by a representative designated by FRA. The 
hearing will be a non-adversarial proceeding; therefore, there will be 
no cross-examination of persons presenting statements. The FRA 
representative will make an opening statement outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make a brief rebuttal will be given the opportunity 
to do so in the same order in which initial statements were made. 
Additional procedures, if necessary for the conduct of the hearing, 
will be announced at the hearing.
    Written comments should identify Docket No. FRA-2000-7290 and must 
be submitted to the Docket Clerk, DOT Management Facility, Room PL-401 
(Plaza Level), 400 7th Street, SW, Washington, DC 20590. Communications 
received by May 3, 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 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://dms.dot.gov.
    FRA makes clear that the hearing scheduled for May 3, 2000 is not a 
hearing on the merits of Amtrak's grandfathering petition, identified 
as Docket No. FRA-1999-6404.

    Issued in Washington, DC, on April 26, 2000.
S. Mark Lindsey,
Acting Deputy Administrator, Federal Railroad Administration.
[FR Doc. 00-10835 Filed 4-28-00; 8:45 am]
BILLING CODE 4910-06-P