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Petition for Special Approval of Alternate Standard

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Information about this document as published in the Federal Register.

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In accordance with Part 238.21 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for approval of an Alternate Standard 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.

American Public Transit Association

The American Public Transit Association (APTA) seeks approval for use of an alternate standard required to be used in accordance with the Passenger Equipment Safety Standards, 49 CFR Part 238, Section 311, single car test of passenger equipment brakes. Start Printed Page 74799Section 311(a) requires single car air brake tests on all passenger cars, except self-propelled passenger cars. Specifically, § 238.311(a) requires single car tests of all passenger cars and all unpowered vehicles used in passenger trains be performed in accordance with “either APTA Standard SS-M-005-98, ‘Code of Tests for Passenger Car Equipment Using Single Car Testing Device,’ published March, 1998; or an alternative procedure approved by FRA pursuant to § 238.21.” By letter dated August 17, 2005, FRA approved Revision 1 of the APTA Standard as an alternative standard of compliance (Revision 1 required a railroad to perform the single car test procedure at the same working pressure as the car being tested utilizes in revenue service. The Original Test Standard dated March 1998, required that the test be performed at 90 psi while some trains operate their brake systems at 110 psi.) APTA now requests that Revision 2 of the APTA Standard, dated May 18, 2007, be incorporated into the requirements of § 238.311(a). These revisions are editorial in nature to Revision 1.

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-2008-20853) and may be submitted by any of the following methods:

  • Web site: 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

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).

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Issued in Washington, DC, on December 1, 2008.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.

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[FR Doc. E8-29097 Filed 12-8-08; 8:45 am]