[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Notices]
[Page 23250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9633]


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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 (METRA)

[Docket Number FRA-2004-17027]

    The Northeast Illinois Railroad Corporation (METRA) seeks a waiver 
of compliance, Docket Number FRA-2004-17027, with the Passenger 
Equipment Safety Standards, 49 CFR part 238: section 103 (fire safety), 
section 203 (static end strength), section 205 (anti-climbing 
mechanism), section 207 (link between coupling mechanism and car body), 
section 209 (forward-facing end structure of locomotives), section 211 
(collision posts), section 219 (truck-to-car-body attachment), section 
223 (locomotive fuel tanks), section 225 (electrical systems), section 
227 (suspension system), and section 237 (automated monitoring) as it 
pertains to alerters for super hy-rail vehicles utilized to move 
stranded passenger trains in rescue operations.
    METRA is requesting the waiver to be pro-active in establishing a 
rescue plan for electric propulsion passenger train operations in the 
event of a power failure similar to that experienced in the Northeast 
in 2003. The plan calls for the hy-rail vehicles to be positioned 
strategically throughout the electric propulsion service area to push 
or pull stranded passenger trains to stations where the passengers can 
be safely unloaded. METRA states that these rescue movements would be 
made at a restricted speed by a certified locomotive engineer trained 
on the operation of the hy-rail vehicles and prior to any movement 
train brakes would receive a Class 1A brake test in compliance with 49 
CFR 238.315.
    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 (FRA-2004-17027) 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 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 April 22, 2004.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 04-9633 Filed 4-27-04; 8:45 am]
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