[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Notices]
[Page 58146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24715]


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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.

The New York, Susquehanna and Western Railway Corporation (Waiver 
Petition Docket Number FRA-2000-7414)

    The New York, Susquehanna and Western Railway Corporation (NYSW) 
seeks a waiver of compliance from the provisions of the Track Safety 
Standards, 49 CFR 213.237(a), regarding the continuous search of rail 
for internal defects. The NYSW operates infrequent seasonal passenger 
excursion trains over portions of three separate low tonnage main lines 
which are classified as Class 3 track and therefore, due to the 
operation of passenger trains, require a yearly inspection for internal 
rail defects.
    The NYSW is petitioning for a waiver which would allow them to 
schedule inspections for internal rail defects on a tonnage based 
frequency, which would be the requirement of the Track Safety Standards 
absent any passenger train operation over these specific portions of 
track. The petitioner cites the low volume of traffic, the virtual non-
existent history of train derailments over these track segments, and 
the NYSW's policy of performing visual track inspections prior to the 
operation of each passenger excursion trains as arguments in favor of 
relief.
    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 2000-
7414) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. 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
http://dms.dot.gov.

    Issued in Washington, D.C. on September 21, 2000.
Edward R. English,
Director, Office of Safety, Assurance and Compliance.
[FR Doc. 00-24715 Filed 9-26-00; 8:45 am]
BILLING CODE 4910-06-P