[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Notices]
[Page 16444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8180]


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

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) has 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.

National Railroad Passenger Corporation (Amtrak)

[Waiver Petition Docket Number FRA-2009-0022]

    Amtrak seeks to modify the terms and conditions of a permanent 
waiver of compliance granted to operate TALGO trainsets in the Pacific 
Northwest, over the Cascades Service route between Vancouver, British 
Columbia, Canada, and Portland, Oregon, by adding General Electric (GE) 
P32-8 and P40/42 locomotives to this service.
    Amtrak currently operates TALGO trainsets powered by General Motors 
Electromotive Division F59PH locomotives over BNSF trackage between 
Portland, OR, and Blaine, WA, at speeds up to 79 miles per hour and 
cant deficiency up to but not exceeding six inches. Amtrak lacks 
sufficient F59PH locomotives to provide effective service without 
interruption due to required inspection and repair cycles. Therefore, 
Amtrak is requesting permission from FRA to utilize GE P32-8 and P40/42 
locomotives, which were static lean tested in 1991 and 1993 
respectively, and meet the requirements of 49 CFR 213.57 Elevation in 
Curves for four inches cant deficiency. Also, based on the current 
unloading criteria specified in this section that no wheel of the 
equipment unloads to a value less than 60% of its static value, the 
static lean test results indicated a maximum safe cant deficiency 
operation of up to ten inches for the P40/42 locomotive and eight 
inches for the P32-8 locomotive. Further, Amtrak recently demonstrated 
and received approval for five inch cant deficiency operation of these 
GE locomotives on Amtrak's Northeast Corridor (NEC) and Harrisburg, PA, 
routes.
    With FRA's approval, Amtrak is proposing to demonstrate the 
suitability and safety of using these GE locomotives with TALGO 
trainsets by conducting two end-to-end route tests between Portland, 
OR, and Blaine, WA. This will confirm correspondence with the dynamic 
test results obtained during the recent NEC dynamic testing of GE 
locomotives, as well as demonstrate the safe dynamic performance of 
these locomotives at speeds in curves that generate up to six inches 
cant deficiency. Amtrak has submitted a Test Plan for FRA approval. The 
dynamic test includes use of accelerometers placed on the carbody and 
trucks of each GE locomotive in order to continuously measure the 
steady-state and dynamic response of the locomotives to the track 
alignment and track geometry deviations over the entire route at 
timetable speeds.
    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-
2009-0022) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and 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).

    Issued in Washington, DC, on April 3, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E9-8180 Filed 4-9-09; 8:45 am]
BILLING CODE 4910-06-P