[Federal Register Volume 67, Number 4 (Monday, January 7, 2002)]
[Notices]
[Pages 763-764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-310]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

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

Massachusetts Bay Transportation Authority

[Docket Number FRA-2000-8044]

    Massachusetts Bay Transportation Authority (MBTA) seeks to resubmit 
a petition for reconsideration of a temporary waiver of compliance with 
the Railroad Safety Appliance Standards, 49 CFR 231.12(c)(4), which 
requires passenger car end handholds be securely fastened with bolts or 
rivets. MBTA states that the end handholds on their Bombardier and 
Kawasaki fleets of passenger coaches, as currently configured, are 
fastened with bolts to a slotted block that is welded to the end sill 
during the manufacturing process.
    MBTA states that there are 146 Bombardier coaches in service since 
1987-90 with no recorded failures, accidents, or injuries attributable 
to either the end handhold or the welded mounted blocks. There are 75 
Kawasaki coaches that have been in service since 1990-91 and 17 in 
service since 1998 with no reported injuries attributable to the 
handhold or mounting blocks used to secure them.
    MBTA reports having performed a recent inspection of both fleets, 
with no defects in the welds securing the

[[Page 764]]

mounting blocks being detected. In addition, MBTA states that the 
weldment is inspected daily in accordance with the MBTA's Commuter Rail 
Maintenance Sheets, CRM-12, Daily Trip Inspection. In the event a 
defect is noted, the coach would immediately be removed from service 
with written notification to the local FRA Office. A remedial action 
plan would be developed with concurrence from FRA to ensure the repair 
meets or exceeds the standard of the original design. MBTA states that 
they are at 100% utilization of their coach fleet and removing these 
cars from service, for retrofit, would impose an undue financial burden 
without substantially improving safety. They submit that of the four 
possible retrofits they have considered the least expensive would cost 
approximately $125,000.00.
    This request includes 146 Bombardier coaches numbered 350-389, 600-
653, 1600-1652, excluding coach 1648 and 92, Kawasaki coaches numbered 
700-749, 1700-1724 and 750-766. The coaches would remain in service 
until they receive their mid-life overhaul, when a modification would 
be engineered. For the 146 Bombardier coaches, this is tentatively 
scheduled for July 2002 and the Kawasaki coaches for July 2004. On 
November 24, 2000, a letter of denial was forwarded to MBTA (Docket 
FRA-2000-8044-3). At that time, FRA had determined insufficient 
information was presented, particularly, in regards to repairs. FRA has 
indicated to the petitioner that the agency is willing to consider an 
interim waiver to cover welded securement until an industry standard 
has been approved and adopted by the industry and FRA. FRA requested 
that MBTA's petition include information detailing a quality control 
process for repairing the weldment in the event of damage or failure.
    On April 2, 2001, MBTA resubmitted a petition for interim waiver of 
compliance of Railroad Safety Appliances Standards, 49 CFR 231.12 
(Docket FRA-2000-8044-4). The coaches for which the waiver is requested 
are currently in service and are used to provide commuter rail service 
throughout Massachusetts. MBTA is resubmitting this petition for 
interim waiver with the information by incorporating ATPA's proposed 
``Repair Procedure for Welded Support Brackets,'' as the standard for 
repair of the end handholds, thus insuring American Welding Society 
(AWS) certified repair methods.
    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 (e.g., Waiver Petition Docket Number FRA-
2000-8044) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room Pl-401, Washington, DC 20590-0001. 
Communications received within 45 days of the date of this notice 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 these proceedings 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 January 2, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-310 Filed 1-4-02; 8:45 am]
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