[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43839-43840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12405]


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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.

New Jersey Transit (Waiver Petition Docket Number FRA-2006-24918)

    New Jersey Transit (NJTR) seeks a waiver of compliance from certain 
provisions of 49 CFR 238, Passenger Equipment Safety Standards. 
Specifically, NJTR seeks a waiver of compliance from the requirements 
of 49 CFR 238.231(b) (prohibiting the brake system design of passenger 
equipment ordered on or after September 8, 2000, or placed in service 
for the first time on or after September 9, 2002, from requiring that 
an inspector place himself on, under, or between components of the 
equipment in order to observe brake actuation or release). NJTR is in 
the process of receiving two hundred thirty-four new bi-level passenger 
coaches equipped with tread brakes and inboard disk brakes. Placement 
of the inboard disk brake equipment does not allow for an inspector to 
observe the brake actuation or release without placing himself on, 
under, or between components of the equipment.
    NJTR proposes that it be allowed to perform all brake inspections 
to the extent possible on a daily basis, that the two hundred thirty-
four cars would also be equipped with brake indicators, two per truck, 
that are fed downstream of the truck air brake cutout valves. NJTR also 
proposes these brake indicators functionality would be tested at the 
required one-hundred-eighty day periodic inspection. In addition, the 
two hundred thirty-four new cars would receive an under car inspection 
to be performed by ``Qualified Maintenance Person'' over a pit not less 
often than every five days. NJTR indicates that the pit inspection will 
allow for a full and complete inspection of all brake system 
components.
    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

[[Page 43840]]

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-2006-24918) 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 July 26, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E6-12405 Filed 8-1-06; 8:45 am]
BILLING CODE 4910-06-P