[Federal Register: November 2, 1999 (Volume 64, Number 211)] [Notices] [Page 59230] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02no99-97] ----------------------------------------------------------------------- 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