[Federal Register Volume 67, Number 15 (Wednesday, January 23, 2002)]
[Notices]
[Pages 3257-3258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1636]


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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.

Alaska Railroad

[Docket Number FRA-2001-11215]

    The Alaska Railroad operates passenger service during the summer 
months, approximately mid-May until late September, between the cities 
of Talkeetna (mile post 226.7) and Hurricane (mile post 281.4), Alaska. 
This passenger service is provided on a ``Flag Stop'' basis for 
residence and visitors to this wilderness stretch of the railroad, for 
which there is no road access. The service is normally operated with a 
single Railway Diesel Car (RDC), manufactured by the Budd Company, that 
originates each morning in Talkeetna, Alaska.
    The Alaska Railroad does not maintain mechanical facilities at 
either Talkeetna or Hurricane and there are no ``Qualified Maintenance 
Personnel'' (QMP) as required by 49 CFR Secs. 238.303(c) Exterior 
calendar day mechanical inspection of passenger equipment and 
238.305(b) Interior calendar day mechanical inspection of passenger 
cars at either location. The closest QMP personnel are located at 
Anchorage, Alaska which is 112 miles to the south, or Fairbanks, 
Alaska, which is 243 miles to the north.
    The Alaska Railroad seeks relief from the requirements of 49 CFR 
238.303(c) and 238.305(b), as they feel that to provide QMP personnel 
at Talkeetna or Hurricane, Alaska for the sole purpose of accomplishing 
the daily interior and exterior inspection for 4.5 months of the year 
is not reasonable. Further, the railroad stated that they provide this 
service in the public's interest now at a financial loss, even without 
the additional burden of the QMP personnel at these two locations. 
Additionally, they stated that it is anticipated that, if provided, the 
QMP personnel would only work approximately one hour per day.
    The Alaska Railroad proposes that they continue their current 
practice of

[[Page 3258]]

the train crews, as ``Qualified Persons,'' performing the required 
daily interior and exterior inspections as provided for by 49 CFR 
238.305(d)(2). The 92-day periodic inspection of this passenger 
equipment is performed at their mechanical facilities in Anchorage, 
Alaska., as required by 49 CFR 229.23 Periodic inspection: General. 
    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., Docket Number FRA-2001-11215) and must 
be submitted to the Docket Clerk, DOT Central Docket Management 
Facility, Room PL-401, Washington, DC 20590. 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 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 17, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
[FR Doc. 02-1636 Filed 1-22-02; 8:45 am]
BILLING CODE 4910-06-P