[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76217-76218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31224]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0089]


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated November 9, 2011, the Association of American Railroads 
(AAR) and the American Short Line and Regional Railroad Association 
(ASLRRA) have petitioned the Federal Railroad Administration (FRA) on 
behalf of their members for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR part 231, Safety Appliance Standards. FRA assigned the petition 
Docket Number FRA-2011-0089.
    Specifically, AAR and ASLRRA are requesting relief from section 49 
CFR Section 231.27(b)(3), which requires that end platforms on boxcars 
be ``centered on each end of car between inner ends of handholds not 
more than eight (8) inches above top of center sill.'' The AAR and 
ASLRRA request relief for a group of boxcars that have end platforms 
that may exceed the 8-inch maximum by as much as 2 inches. AAR and 
ASLRRA stated that more than 18,000 cars and 20 different car owners 
are affected. The cars were manufactured between 1977 and 2001 as 
provided in an attachment to the petition. AAR and ALSRRA assert that 
in order to correct the end platform variance, many cars would require 
extensive modifications that are costly and labor intensive. 
Additionally, AAR and ASLRRA stated that one issue is whether the cars 
in question actually violate 49 CFR 231.27(b)(3) based on the specific 
method used to measure the sill step relationship to the platform 
height. AAR and ASLRRA believe that waiver would resolve any end 
platform variance created by the ambiguous wording contained in 49 CFR 
231.27(b)(3). AAR and ASLRRA also stated that they are unaware of any 
personal injuries or other incidents arising from the height of the end 
platforms. AAR and ASLRRA believe a permanent waiver would be 
appropriate instead of the granting of a traditional 5-year waiver.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave. 
SE., W12-140, Washington, DC 20590. The Docket

[[Page 76218]]

Operations Facility is open from 9 a.m. to 5 p.m., Monday through 
Friday, except Federal Holidays.
    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 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 by January 20, 2012 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 30, 2011.
Brenda J. Moscoso,
Director, Office of Safety Analysis, Risk Reduction, and Crossing/
Trespasser Programs.
[FR Doc. 2011-31224 Filed 12-5-11; 8:45 am]
BILLING CODE 4910-06-P