[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Notices]
[Pages 9351-9352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4766]


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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.

Northeast Illinois Railroad Corporation

[Docket Number FRA-2002-11502]

    The Northeast Illinois Railroad Corporation, doing business as 
Metra, has petitioned for a permanent waiver of compliance from the 
requirements of the Fire Safety standard, 49 CFR 238.103, which 
requires materials used on the passenger car meet the test performance 
criteria for flammability and smoke emission characteristics as 
specified in appendix B to this section. Metra stated that each of its 
current fleet of 781 bi-level gallery cars and 165 EMU cars has an 
emergency tool/first aid pocket that are located on both the ``A'' and 
``B'' ends of the vehicle. The pockets are covered with acrylic for two 
reasons, i.e., it affords rapid accessibility in case of an emergency 
as minimal blow is required to break the cover; and its transparency 
allows railroad to inspect the contents such as the fire extinguisher 
charge. Metra stated that the entire surface area of the acrylic is 160 
square inches and the acrylic material does not meet the above-
mentioned flammability and smoke emission standards. Metra also stated 
that it tried to consider an alternative material--Lexan, and found it 
unacceptable due to the reduced accessibility and cutting hazards when 
it is broken. Metra is in the process of ordering 300 new gallery and 
EMU cars.
    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

[[Page 9352]]

Petition Docket Number FRA-2002-11502) 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 February 25, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-4766 Filed 2-27-02; 8:45 am]
BILLING CODE 4910-06-P