[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Page 59230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28553]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-1999-6404]
Petition for Grandfathering of Non-Compliant Equipment; National
Railroad Passenger Corporation
In accordance with 49 CFR 238.203(f), notice is hereby given that
the National Railroad Passenger Corporation (Amtrak) has petitioned the
Federal Railroad Administration (FRA) for grandfathering of non-
compliant equipment for use on specified rail lines.
Section 238.203 of title 49 of the Code of Federal Regulations
addresses static end strength requirements for passenger rail
equipment. Paragraph (a)(1) provides that all passenger equipment
(subject to limited exceptions) shall resist a minimum static end load
of 800,000 pounds applied on the line of draft without permanent
deformation of the body structure. Paragraph (d)(2) provides that
``[a]ny passenger equipment placed in service on a rail line or lines
before November 8, 1999 that does not comply with the requirements of
paragraph (a)(1) may continue to be operated on that particular line or
(those particular lines) if the operator of the equipment files a
petition seeking grandfathering approval under paragraph (d)(3) before
November 8, 1999. Such usage may continue while the petition is being
processed, but in no event later than May 8, 2000, unless the petition
is approved.''
Amtrak has petitioned for grandfathering of Talgo articulated
trainsets for operation on the rail lines between Vancouver, British
Columbia and Eugene, Oregon; between Las Vegas, Nevada and Los Angeles,
California; and between San Diego, California and San Luis Obispo,
California. The equipment consists of five trainsets of twelve cars
each and five spare cars for a total of sixty-five cars. In support of
its petition, Amtrak states that, ``the Talgo trainsets provide a level
of safety to passengers and crew in case of collision that is
comparable to that of passenger equipment presently in use in North
America.''
Interested parties are invited to participate in this proceeding by
submitting written views, data or comments. FRA does not anticipate
scheduling a public hearing in connection with this proceeding,
however, 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 this proceeding should be identified
with Docket Number FRA-1999-6404 and must be submitted to the Docket
Clerk, DOT Central Docket Management Facility, Room PL-401, 400
Seventh, SW., Washington, DC 20590-0001. Communications received within
30 days of publication of the notice will be considered by FRA before
final action is taken. Comments received after that date will be
considered to the extent possible. Amtrak's petition and all written
communications concerning this proceeding are available for examination
during regular business hours (9 a.m. to 5 p.m.) at DOT Central Docket
Management Facility, Room PL-401 (Plaza Level), 400 Seventh, SW.,
Washington, DC 20590-0001. 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.
In a related notice published in today's Federal Register, FRA has
given notice that Amtrak has filed with FRA a petition for exemption
under 49 U.S.C. 24305(f) from its statutory domestic preference to
permit Amtrak to purchase one of the Talgo trainsets referenced in
Amtrak's grandfathering petition. A thirty day comment period is also
being provided for this separate proceeding.
Issued in Washington, DC, on October 25, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 99-28553 Filed 11-1-99; 8:45 am]
BILLING CODE 4910-06-P
