[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Notices]
[Pages 66337-66338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31115]



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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Petition for a Waiver of Compliance

    In accordance with 49 CFR Sections 211.9 and 211.41, notice is 
hereby given that the Federal Railroad Administration (FRA) has 
received a request for a waiver of compliance with certain requirements 
of Federal railroad safety regulations. The individual petitions are 
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.
    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 No. HS-95-1) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street, S.W., Washington, D.C. 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.) in Room 8201, Nassif Building, 400 Seventh 
Street, S.W., Washington, D.C. 20590.
    The waiver petitions are as follows:

Mississippi Central Railroad Company (MSCI)

FRA Waiver Petition Docket No. HS-95-3

    The MSCI seeks a continuation of a previously issued exemption so 
it may permit certain employees to remain on duty not more than 16 
hours in any 24-hour period. The MSCI states that it is not its 
intention to employ a train crew over 12 hours per day under normal 
circumstances, but this exemption, if granted, would help its operation 
if unusual operating conditions are encountered.
    The MSCI railroad operates 55.5 miles of excepted track from Grand 
Junction, Tennessee to Oxford, Mississippi. Train movements are 
authorized by Yard Limit rule and Timetable instructions. The maximum 
authorized operating speed is 10 mph.
    The MSCI connects with the Burlington Northern at Holly Springs, 
Mississippi and the Norfolk Southern at Grand Junction, Tennessee. 
There are no operating rights arrangements on any carrier. Norfolk 
Southern has 1.8 miles of track rights at Grand Junction, Tennessee. 
The MSCI does not operate trains on the segment of track. The Norfolk 
Southern maintains the 1.8 miles of track.
    The petitioner asserts it employs not more than 15 employees and 
has demonstrated good cause for granting this exemption.

The Puget Sound Railway Historical Association (PSHX)

FRA Waiver Petition Docket No. HS-95-5

    The Puget Sound Railway Historical Association (PSHX) requests a 
waiver from the requirements of Title 49 Code of Federal Regulations 
Part 228.11(a)(4), which requires the number of consecutive hours off 
duty prior to going on-duty for hours of service purposes. The PSHX 
operates 3 miles of former Northern Pacific branch line between North 
Bend, and Snoqualmie, Washington, as the Puget Sound Snoqualmie Valley 
Railroad.

Port Utilities Commission of South Carolina (PUCC)

FRA Waiver Petition Docket No. HS-95-6

    The PUCC seeks a continuation of a previously issued exemption so 
it may permit certain employees to remain on duty not more than 16 
hours in any 24-hour period. The PUCC states that it is not its 
intention to employ a train crew over 12 hours per day under normal 
circumstances, but this exemption, if granted, would help its operation 
if unusual operating conditions are encountered. The PUCC is a Terminal 
Switching Railroad operating within the County of Charleston, South 
Carolina over a 1.5 miles of trackage at North Charleston, South 
Carolina. The petitioner indicates that granting the exemption is in 
the public interest and will not adversely affect safety. 

[[Page 66338]]
Additionally, the petitioner asserts it employs not more than 15 
employees and has demonstrated good cause for granting this exemption.

East Cooper and Berkeley Railroad (ECBR)

FRA Waiver Petition Docket No. HS-95-8

    The ECBR seeks a continuation of a previously issued exemption so 
it may permit certain employees to remain on duty not more than 16 
hours in any 24-hour period. The ECBR states that it is not its 
intention to employ a train crew over 12 hours per day under normal 
circumstances, but this exemption, if granted, would help its operation 
if unusual operating conditions are encountered. The ECBR provides 
service over 15.5 miles of track in Berkeley County, between State 
Junction and Charity Church, South Carolina.
    The petitioner indicates that granting the exemption is in the 
public interest and will not adversely affect safety. Additionally, the 
petitioner asserts it employs not more than 15 employees and has 
demonstrated good cause for granting this exemption.

Port Terminal Railroad of South Carolina (PTR)

FRA Waiver Petition Docket No. HS-95-9

    The PTR seeks a continuation of a previously issued exemption so it 
may permit certain employees to remain on duty not more than 16 hours 
in any 24-hour period. The PTR states that it is not its intention to 
employ a train crew over 12 hours per day under normal circumstances, 
but this exemption, if granted, would help its operation if unusual 
operating conditions are encountered. The PTR is a Terminal Switching 
Railroad operating within the County of Charleston, South Carolina over 
a two-thirds of a mile of trackage between North Charleston and 
Charleston, South Carolina. The petitioner indicates that granting the 
exemption is in the public interest and will not adversely affect 
safety. Additionally, the petitioner asserts it employs not more than 
15 employees and has demonstrated good cause for granting this 
exemption.

Algers, Winslow and Western Railroad Company (AWW)

FRA Waiver Petition Docket No. HS-95-10

    The AWW seeks a continuation of a previously issued exemption so it 
may permit certain employees to remain on duty not more than 16 hours 
in any 24-hour period. The AWW states that it is not its intention to 
employ a train crew over 12 hours per day under normal circumstances, 
but this exemption, if granted, would help its operation if unusual 
operating conditions are encountered.
    The AWW provides freight service over 16 miles of trackage within 
Pike County, Indiana. The petitioner indicates that granting the 
exemption is in the public interest and will not adversely affect 
safety. Additionally, the petitioner asserts it employs not more than 
15 employees and has demonstrated good cause for granting this 
exemption.

Louisiana and Delta Railroad (LDRR)

FRA Waiver Petition Docket No. HS-95-11

    The LDRR seeks a continuation of a previously issued exemption so 
it may permit certain employees to remain on duty not more than 16 
hours in any 24-hour period. The LDRR states that it is not its 
intention to employ a train crew over 12 hours per day under normal 
circumstances, but this exemption, if granted, would help its operation 
if unusual operating conditions are encountered. The LDRR railroad 
operates 91 miles of Class 2 track between New Liberia and Schriever, 
Louisiana and joint operation with the Southern Pacific Transportation 
Company (SP), between Cade (MP 131) and Raceland (MP 41.2), Louisiana. 
Train movements are authorized by the yard limit rule and posted track 
speeds while on LDRR trackage and Direct Traffic Control on SP 
trackage. The maximum authorized operating speed is 20 mph on LDRR and 
45 mph on the SP by special agreement.

Pioneer Valley Railroad (PVRR)

FRA Waiver Petition Docket No. HS-95-12

    The PVRR seeks a continuation of a previously issued exemption so 
it may permit certain employees to remain on duty not more than 16 
hours in any 24-hour period. The PVRR states that it is not its 
intention to employ a train crew over 12 hours per day under normal 
circumstances, but this exemption, if granted, would help its operation 
if unusual operating conditions are encountered.
    The PVRR provides service over 26 miles of trackage between 
Westfield and Holyoke, and Westfield and Easthampton, all within the 
State of Massachusetts. The petitioner asserts it employs not more than 
15 employees and has demonstrated good cause for granting this 
exemption.

Tennessee Valley Railroad (TVRM)

FRA Waiver Petition Docket NO. RSAD-95-2

    The TVRM seeks a waiver petition from the requirements of subparts 
D, E, F, and G of the random alcohol and drug testing provisions. The 
TVRM provides excursion service over approximately 3 miles of TVRM 
trackage and also operates over 4 miles of Norfolk Southern trackage. 
TVRM states that maintaining the required programs will create a 
financial burden to the railroad.

    Issued in Washington, D.C. on December 18, 1995.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-31115 Filed 12-20-95; 8:45 am]
BILLING CODE 4910-06-P