[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Notices]
[Pages 38742-38743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16367]


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

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.

American Association of Private Railroad Car Owners, Inc. (Docket 
Number FRA-2003-15340)

    The American Association of Private Railroad Car Owners, Inc. 
(AAPRCO) seeks a waiver of compliance from certain provisions of 49 CFR 
part 238, Passenger Equipment Safety Standards. Specifically, Sec.  
238.231(m)(2), which specifies that ``up to two cars may be operated in 
direct release mode when the rest of the cars in the train are operated 
in graduated release mode, provided that the cars operated in direct 
release mode are hauled at the rear of the train consist.'' AAPRCO 
requests that a waiver be granted to modify the requirements of Sec.  
238.231(m)(2), to read as follows: ``up to two cars may be operated in 
direct release mode when the rest of the cars in the train are operated 
in graduated release mode.'' Thereby, eliminating the placement 
restrictions of the direct release cars to the rear of the train.
    Approximately 50 private cars are equipped with an ABD type brake 
that can only operate in direct release mode. AAPRCO states that these 
types of cars have operated in Amtrak service for at least ten years 
without incident. Until recently, these cars have been placed anywhere 
in the Amtrak trains, although Amtrak has not allowed placement of two 
such cars adjacent to one another. They are usually separated by at 
least one car operating in graduated release brake mode.
    The requirement of the placement of all such cars at the rear of 
the train has resulted in Amtrak's refusal to handle such cars on all 
graduated release mode trains where extra switching is required. This 
has reduced revenue to Amtrak and the inability of private cars to 
operate to certain locations. AAPRCO knows of no technical reason why 
the direct release mode car has to be placed at the rear of a graduated 
release mode train. The Talgo train, which supports the only gateway 
between Seattle, Washington and Vancouver, B.C., has to have the 
private car next to the locomotive. Otherwise, AAPRCO contends that 
Amtrak does not support the need to place such cars in any particular 
location in the train. AAPRCO states that if this waiver is granted, it 
would allow flexibility in the make-up of the train, thereby making 
more trains and locations available for use by the Private 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 Petition Docket Number FRA-
2003-15340) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., 
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 the above facility. All documents in the

[[Page 38743]]

public docket are also available for inspection and copying on the 
Internet at the docket facility's Web site at http://dms.dot.gov.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.) You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on June 19, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-16367 Filed 6-27-03; 8:45 am]
BILLING CODE 4910-06-P