48904 Federal Register / Vol. 69, No. 154 / Wednesday, August 11, 2004 / Notices

DEPARTMENT OF TRANSPORTATION August 11–15, 2003, the petitioner, in Issued in Washington, DC on August 5, cooperation with and under 2004. Federal Railroad Administration the observation of the FRA, conducted Michael J. Logue, equivalency testing of the V Deputy Associate Administrator for Safety Petition for Waiver of Compliance and COMET IV on the NEC between Compliance and Program Implementation. In accordance with Part 211 of Title Newark, NJ and Philadelphia, PA at [FR Doc. 04–18296 Filed 8–10–04; 8:45 am] 49 Code of Federal Regulations (CFR), speeds up to 110 mph in non-revenue BILLING CODE 4910–06–P notice is hereby given that the Federal service. The petitioner submitted Railroad Administration (FRA) received favorable test results to the FRA on DEPARTMENT OF TRANSPORTATION a request for a waiver of compliance March 8, 2004 which confirm that the with certain requirements of its safety and COMET IV are Federal Railroad Administration standards. The individual petition is equivalent. The petitioner feels that the described below, including the party equivalency testing is sufficient to Notice of Safety Advisory 2004–03 seeking relief, the regulatory provisions warrant the operation of the COMET V AGENCY: Federal Railroad involved, the nature of the relief being on the NEC at up to 100 mph in lieu of Administration (FRA), DOT. requested, and the petitioner’s the IWS tests required in CFR Part ACTION: arguments in favor of relief. 213.345. Notice of safety advisory. New Jersey Transit Interested parties are invited to SUMMARY: FRA is issuing Safety [Docket Number FRA–2004–18577] participate in these proceedings by Advisory 2004–3 addressing the New Jersey Transit (NJ Transit) seeks submitting written views, data, or importance of restoring failed or a waiver of compliance from the comments. FRA does not anticipate malfunctioning highway-rail grade provisions of the Federal Track Safety scheduling a public hearing in crossing warning systems to proper Standards, 49 CFR Section 213.345, connection with these proceedings since operation ‘‘without undue delay.’’ This Subpart G, regarding certain high speed the facts do not appear to warrant a safety advisory supplements Safety vehicle qualification testing hearing. If any interested party desires Advisory 2002–01 issued on January 16, requirements. The waiver would an opportunity for oral comment, they 2002, which addressed the importance provide relief from having to use should notify FRA, in writing, before of clear, precise, unambiguous railroad safety procedures to ensure the safety of instrumented wheel set (IWS) tests in the end of the comment period and highway-rail grade crossing warning order to qualify its new COMET V coach specify the basis for their request. systems or wayside signal systems that equipment for speeds up to 100 mph. All communication concerning these The petitioner recently placed in are temporarily removed from service. proceedings should identify the service 230 of its new COMET V coach FOR FURTHER INFORMATION CONTACT: cars on AMTRAK’s Northeast Corridor appropriate docket number (e.g., Waiver Mark Jones, Signal and Train Control (NEC) at speeds up to 90 mph. The Petition Docket Number FRA–2004– Division, Office of Safety Assurance and petitioner claims that the equipment has 18577) and must be submitted to the Compliance, FRA, 1120 Vermont been designed and tested in accordance Docket Clerk, DOT Docket Management Avenue, NW., Washington, DC, 20590 with the Federal Passenger Equipment Facility, Room PL–401 (Plaza Level), (telephone 202–493–6232), e-mail Safety Standards (CFR Part 238) and 400 7th Street, SW., Washington, DC [email protected], or Kathy that its suspension system specifically 20590. Communications received within Shelton, Office of Chief Counsel, FRA, meets the requirements for Tier I 30 days of the date of this notice will 1120 Vermont Avenue, NW., equipment described in CFR Part be considered by FRA before final Washington, DC 20590 (telephone 202– 238.227(a). The petitioner also claims action is taken. Comments received after 493–6063), e-mail that the truck and suspension systems that date will be considered as far as [email protected]. on the COMET V are virtually identical practicable. All written communications SUPPLEMENTARY INFORMATION: to the COMET IV cars that have concerning these proceedings are operated at up to 100 mph on the NEC available for examination during regular Background since 1996 [and are grandfathered under business hours (9 a.m.—5 p.m.) at the Highway-rail grade crossing active CFR Part 213.345(a)]. Because of the above facility. All documents in the warning systems serve a critical role in similarity between the COMET V and public docket are also available for providing for the safety of highway COMET IV, NJ Transit considered the inspection and copying on the Internet users at highway-rail grade crossings. COMET V to be qualified to run at 100 at the docket facility’s Web site at http:/ Highway users rely on the proper mph and requested permission from the /dms.dot.gov. functioning and integrity of these FRA in July of 2002. systems to provide accurate and The FRA’s analysis determined that Anyone is able to search the credible warning of the approach of a there are enough physical differences electronic form of all comments train. The failure or malfunction of even between the COMET V and COMET IV received into any of our dockets by the one of these systems has the potential which, when considered cumulatively, name of the individual submitting the for catastrophic consequences, prevent the FRA from considering these comment (or signing the comment, if including injury or death. vehicles as equivalent for the purposes submitted on behalf of an association, In the interest of public safety, FRA of ‘‘grandfathering’’ under CFR Part business, labor union, etc.). You may regulations at 49 CFR Part 234 (‘‘Grade 213.345(a), Subpart G. In its April 9, review DOT’s complete Privacy Act Crossing Signal System Safety’’) provide 2003 letter, FRA approved the Statement in the Federal Register minimum standards for the petitioner’s plan to conduct an published on April 11, 2000 (Volume maintenance, inspection, and testing of equivalency test for the purpose of 65, Number 70; Pages 19477–78). The highway-rail grade crossing warning gathering data necessary to document a Statement may also be found at http:// systems. Today’s highway-rail grade Request for Waiver under CFR Section dms.dot.gov. crossing warning systems have proven 213.317 Waivers. During the week of to be extremely reliable. Despite this

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