[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Notices]
[Page 18350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8433]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2001-8698]


Petition for Special Approval of Alternative Fuel Tank Safety 
Standard Petition for Waiver of Compliance

    In accordance with Title 49 of the Code of Federal Regulations 
(CFR), part 238 (Passenger Equipment Safety Standards), and 49 CFR part 
211 (Rules of Practice), notice is hereby given that the Federal 
Railroad Administration (FRA) has received a request captioned as a 
petition for special approval to use an alternative fuel tank safety 
standard. FRA is hereby providing the public an opportunity to comment 
on this petition.
    As specified in 49 CFR part 238.223 (Locomotive fuel tanks), 
paragraph (a), external passenger locomotive fuel tanks must comply 
with safety requirements contained in appendix D to 49 CFR part 238, or 
an industry standard providing at least an equivalent level of safety 
if approved by FRA under 49 CFR part 238.21. The American Public 
Transportation Association (APTA) has petitioned FRA for special 
approval to use industry standard APTA SS-C&S-007-98 Rev. 1, Standard 
for Fuel Tank Integrity on Non-Passenger Carrying Passenger 
Locomotives, as an alternative standard to fulfill the requirements of 
49 CFR part 238.223. APTA's petition, including a copy of APTA SS-C&S-
007-98 Rev. 1 and a comparison of this standard to FRA's requirements 
specified in 49 CFR part 238.223, is available for public examination 
as explained below.
    APTA's petition for special approval appears to encompass both the 
external passenger locomotive fuel tank safety standards in 49 CFR part 
238.223, paragraph (a), and the internal passenger locomotive fuel tank 
safety standards specified in 49 CFR part 238.223, paragraph (b).
    FRA notes that 49 CFR part 238.223, paragraph (b), does not 
expressly provide the opportunity to seek special approval of an 
alternative, internal fuel tank safety standard. Insofar as a portion 
of APTA's request relates to the internal fuel tank safety standard 
specified in 49 CFR part 238.223, paragraph (b), FRA will consider that 
portion of the request a request for a waiver of compliance to be 
evaluated under the requirements of 49 CFR part 211. Otherwise, FRA 
will evaluate APTA's request as a petition for special approval of an 
alternative, external locomotive fuel tank safety standard to be 
evaluated under the requirements of 49 CFR part 238.
    Interested parties are invited to participate in this proceedings 
by submitting written views, data, or comments as to the safety of 
APTA's alternative fuel tank safety standard. FRA does not anticipate 
scheduling a public hearing in connection with this proceeding. If any 
interested party desires an opportunity for oral comment, he or she 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for the request. All communications concerning this 
proceeding should identify the appropriate docket number, Docket Number 
FRA-2001-8698, and must be submitted to the DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 Seventh Street SW., 
Washington, DC. 20590. Communications received within 30 days of the 
date of this notice will be considered by FRA before final action is 3 
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.

    Issued in Washington, DC on March 26, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-8433 Filed 4-5-01; 8:45 am]
BILLING CODE 4910-06-P