[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Pages 23471-23472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11593]


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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

[[Page 23472]]

Railroad Administration (FRA) has received a request for a waiver of 
compliance from 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.

Alaska Railroad Corporation

[Waiver Petition Docket Number FRA-2008-0161]

    The Alaska Railroad Corporation (ARR), a Class II railroad, 
petitioned FRA for a waiver of compliance from certain provisions of 
the Passenger Equipment Safety Standards, as prescribed by 49 CFR * 
238.303(c) Exterior Calendar day inspection and * 238.313 Class I brake 
test, for one set of conventional passenger equipment. Specifically, 
this waiver request applies to the seasonal Hurricane Turn passenger 
train. This service is operated from May through September, between 
Talkeetna, Alaska (Milepost (MP) 226), and Hurricane Gulch Bridge, 
Alaska (MP 284). This train provides ``flag stop'' service to residents 
as well as visitors to an area that has no road access. Until now, this 
service was provided using Buddy Company-built Railway Diesel Cars 
(RDC) that have been retired and replaced by two locomotives, one 
baggage car, and two passenger coach cars. The equipment makes a single 
round trip between Talkeetna and Hurricane, four days per week, only 
during the summer months. Until the retirement of RDC's, this service 
was covered under waiver Docket Number FRA-2002-11215.
    ARR maintains mechanical facilities located at Fairbanks (MP 470) 
and Anchorage (MP 114), Alaska, where qualified maintenance employees 
are headquartered. The equipment is stored overnight at Talkeetna 
during the work week, and may be moved to Anchorage the other days for 
cleaning, supplies, and servicing. FRA requires a ``qualified 
maintenance person'' (QMP) conduct the daily exterior inspection and 
the Class I--initial terminal airbrake inspection each day the 
equipment is used. This requires ARR to assign a QMP to Talkeetna, 
where there is not enough work to support a position, or have an 
employee travel 224 miles (round trip) each day from Anchorage.
    ARR requests that a QMP be authorized to complete the required 
daily exterior and airbrake inspections at Talkeetna at least once each 
week, during the months the equipment is stationed there. The equipment 
may be moved to Anchorage or a mechanical department road truck will 
travel to Talkeetna to have a QMP conduct the required inspections. 
Talkeetna is the only location that this relief is sought. Train crews 
will conduct the required inspection on all other days. ARR has safely 
operated the two RDC's under the conditions set by FRA's Railroad 
Safety Board in a decision letter dated June 11, 2002, under Docket 
Number FRA-2001-11215. ARR requests that since the original RDC 
equipment has been retired, the replacement conventional equipment be 
operated under the same conditions of that waiver, and FRA-2001-11215 
be withdrawn due to the retirement of the covered equipment.
    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-
2008-0161) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 May 13, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-11593 Filed 5-18-09; 8:45 am]
BILLING CODE 4910-06-P