[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Notices]
[Page 41313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11475]


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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.

The National Railroad Passenger Corporation (Amtrak)

[Waiver Petition Docket Number FRA-2006-25386]

    Amtrak seeks a waiver of compliance from certain provisions of 49 
CFR part 238, Passenger Equipment Safety Standards. Specifically, Sec.  
238.309(d)(2), which provide the clean, oil, test, and stencil (COT&S) 
requirements for air brake valves.
    In the aftermath of the events surrounding Hurricane Katrina, the 
FRA identified a need to have passenger car equipment readily available 
for emergency evacuation purposes. Amtrak has responded by making 24 
Amfleet I passenger cars, that have been identified and are currently 
in storage, available to support this effort. In order to expedite the 
return of this equipment for service by July 28, 2006, Amtrak requests 
relief from the COT&S requirements. The range of dates in which these 
cars last had a COT&S performed is October 2001 to July 2002. The 
regulation requires a COT&S every 1,476 days. Prior to being placed in-
service, Amtrak will perform a single car air brake test on each car to 
ensure the integrity of the air brake system. Additionally, Amtrak will 
ensure the integrity of all safety critical systems, as outlined in 
Sec.  238.303, Sec.  238.305 and Sec.  238.311.
    FRA reserves the right to issue a temporary interim waiver if an 
emergency arises or other conditions warrant, before the comment period 
ends for this waiver request.
    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-
2006-25386) 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 20 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 July 14, 2006.
Grady C. Cothen, Jr.
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-11475 Filed 7-19-06; 8:45 am]
BILLING CODE 4910-06-P