[Federal Register Volume 62, Number 217 (Monday, November 10, 1997)]
[Notices]
[Page 60555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29614]


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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 Railroad Administration 
(FRA) received a request for a waiver 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.

Burlington Northern Santa Fe Railway

[Waiver Petition Docket Number PB-97-13]

    The Burlington Northern Santa Fe Railway (BNSF) seeks a waiver of 
compliance from certain provisions of the Railroad Power Brake and 
Drawbars regulations, 49 CFR Section 232.25(d), concerning the 
calibration of the front unit of a two-way end-of-train device. 
Specifically, BNSF would like relief from the annual calibration 
requirements of head-end units to the manufacturer's radio alignment 
specifications and be permitted to use what BNSF calls a ``realistic 
service test'' that will prove the ability to place the rear of the 
train in emergency from the head-end-device as designed.
    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 End-of-Train 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.
    BNSF indicates that they have their communications teams perform 
the entire calibration and alignment procedures per manufacturer's 
instructions and specifications when new devices are received. BNSF 
believes this more than ensures a safe and effective operation and does 
not see any benefit of removing the devices from locomotives, 
transporting them to a radio shop for a four hour procedure, then 
transporting the devices back to the locomotives for installation every 
365 days. BNSF feels the procedure is overly long and burdensome and 
does not enhance the performance of the device. BNSF also states that 
devices are damaged due to the excessive handling required to perform 
the test. Therefore, they believe the best use of the device is to 
permanently mount them on the locomotive and leave them there for the 
safety of the train crew.
    Rather than annually test the device to manufacturer's radio 
alignment specifications, BNSF would like to test the device every 365 
days for functionality in railroad service using a test code that 
includes testing for sufficient output wattage at the correct 
frequency, together with proof of arming ability and emergency 
activation.
    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-
13) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., Mail 
Stop 10, Washington, D.C. 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, N.W., Room 7051, Washington, D.C. 20005.

    Issued in Washington, D.C. on November 5, 1997.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 97-29614 Filed 11-7-97; 8:45 am]
BILLING CODE 4910-06-P