[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Notices]
[Pages 49291-49292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24895]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received requests for waivers of compliance with certain 
requirements of its safety standards. The individual petitions are 
described below, including the parties seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioners' arguments in favor of relief.

The Bay Line Railroad, L.L.C.

(Waiver Petition Docket Number PB-97-2)

    The Bay Line Railroad, L.L.C., seeks a permanent waiver of 
compliance from certain provisions of the Railroad Power Brakes and 
Drawbars regulations, 49 CFR part 232, Section 23, concerning the 
requirements of two-way end-of-train (EOT) devices. Specifically, the 
Bay Line Railroad seeks relief from requiring two-way EOT devices on 
any of its road trains.
    The Bay Line Railroad operates only one road train daily, Sunday 
through Thursday. There are no trains on Friday or Saturday. The road 
train makes the scheduled round trip of 162 miles from Panama City, 
Florida, to Dothan, Alabama, using one train crew within an eight hour 
tour of duty. The maximum allowable speed for the train is 40 mph. The 
Bay Line Railroad reports that the average tonnage of the southbound 
train is 9,000 tons, and the northbound train averages 4,400 tons. The 
ruling grade on the railroad's main line is 0.833 percent, with the 
average grade over the entire line of 0.28 percent. The Bay Line 
Railroad has three one-way EOT's and would continue to use them on all 
road trains. The Bay Line Railroad states that it has not had a train 
accident in twenty years and has not had a loss time injury in the 
Operating Department in over seven years. The Bay Line Railroad also 
declares that there has not been a runaway train or crimped train line 
incident in the history of the railroad, and reasons that the type of 
accident which would require a two-way EOT device to apply the brakes 
from the rear of the train has never occurred and probably would never 
occur on the Bay Line Railroad. The Bay Line Railroad believes that 
reducing its track speed to 30 mph would reduce service to its 
customers and connecting railroads with no increase in safety.

CSX Transportation, Incorporated

(Waiver Petition Docket Number PB-97-10)

    By letter dated August 29, 1997, CSX Transportation, Incorporated 
(CSX) seeks a temporary waiver of compliance from certain provisions of 
the Railroad Power Brake and Drawbars regulations, 49 CFR 232.25(d), 
concerning the calibration of the front unit of a two-way EOT device. 
Specifically, CSX wants relief from the calibration and labeling 
requirements for all front units until December 31, 1997.
    Section 232.25(d) states: The telemetry equipment shall be 
calibrated for accuracy according to the manufacturer's specifications 
at least every 365 days. The date of the last calibration, the location 
where the calibration was made, and the name of the person doing the 
calibration shall be legibly displayed on a weather-resistant sticker 
or other marking device affixed to the outside of both the front unit 
and rear unit. The Two-Way EOT Device Final Rule was published on 
January 2, 1997, and became effective July 1, 1997. FRA provided a 
grace period until September 1, 1997, for railroads to accomplish the 
calibration and labeling requirements of front units.
    CSX references a letter dated August 14, 1997, from the Association 
of American Railroads (AAR) to FRA

[[Page 49292]]

which states the industry's position that the front unit does not need 
calibration since the manufacturers do not believe front units require 
calibration. CSX requests a temporary waiver from the calibration and 
labeling requirement only if FRA does not accept the AAR's position. 
FRA has not accepted AAR's position.
    CSX indicates that they did not receive specifications by which the 
calibration procedure could be performed on the front units until 
August 11, 1997. Therefore, CSX is not in a position to completely 
perform such functions by September 1, 1997. CSX also claims that they 
have placed an order for the weather-resistant labels, but will not 
receive them in time to comply with the requirement. CSX acknowledges 
that Pulse Electronics is currently developing an on-board head 
telemetry device (HTD) testing device to perform the required 
procedures.
    CSX feels there is absolutely no reason to believe that any adverse 
effect on safety would result from granting this temporary waiver and 
that the waiver is necessary in order to permit implementation of a 
rational and efficient system for testing and labeling HTD's.
    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 PB-97-2) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW., Mail Stop 
10, Washington, DC 20590. Communications received within 30 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 (9:00 a.m.-
5:00 p.m.) at FRA's temporary docket room located at 1120 Vermont 
Avenue, NW., Room 7051, Washington, DC 20005.

    Issued in Washington, DC on September 10, 1997.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 97-24895 Filed 9-18-97; 8:45 am]
BILLING CODE 4910-06-P