[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6276]


[[Page Unknown]]

[Federal Register: March 18, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Petition for a Waiver of Compliance

    In accordance with 49 CFR 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 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. RSEQ-92-1) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street SW., Washington, DC 20590. Communications received 
before April 18, 1994 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 SW., 
Washington, DC 20590. The waiver petitions are as follows:

Bellefonte Historical Railroad Society (BHRX)

(Waiver Petition Docket No. RSAD-93-2)

    The BHRX seeks a permanent waiver of compliance from the provisions 
of Control of Alcohol and Drug Use (49 CFR part 219, subparts E, F and 
G). The BHRX is an all-volunteer, non-profit railroad that operates two 
rail diesel cars in excursion service at slow speeds under a trackage 
rights agreement on Nittany and Bald Eagle Railroad on a regular 
weekend schedule in the spring, summer, and fall. BHRX believes that 
the threat to safety from drug or alcohol abuse is very limited because 
BHRX supervisory personnel contact their few operating employees 
regularly during train operations and would recognize any unusual 
behavior. The petitioner indicates that granting the exemption is in 
the public interest and will not adversely affect safety.

Fillmore and Western Railroad FMWX

FRA Waiver Petition Docket No. HS-93-23

    The FMWX seeks an exemption from the Hours of Service Act to permit 
certain employees to remain on duty not more than 16 hours in any 24-
hour period. The FMWX provides service for the movie industry in the 
Los Angles, California, area. The FWR conducts no interchange services.

Texas Gonzales and Northern Railway Company (TXGN)

FRA Waiver Petition Docket No. HS-93-24

    The TXGN seeks an exemption from the Hours of Service Act to permit 
certain employees to remain on duty not more than 16 hours in any 24-
hour period. The TXGN provides service over 12 miles of track in 
Gonzales County, Texas. The TXGN conducts interchange services with 
Southern Pacific Transportation Company at Hardwood, Texas. The 
petitioner indicates that granting the exemption is in the public 
interest and will not adversely affect safety.

Carolina Rail Services Company (CRIJ)

FRA Waiver Petition Docket No. HS-93-25

    The CRIJ seeks an exemption from the Hours of Service Act. The CRIJ 
is a Class III intra-port switching railroad serving approximately 
seven to eight customers at the Port of Morehead City, North Carolina. 
The CRIJ operates only two switching locomotives which pull its cars 
over three to four miles of line at extremely low speeds without 
traversing a public crossing. The CRIJ has four full-time employees and 
several part-time employees. Occasionally, CRIJ's crews are required to 
wait for a specific ship to be unloaded and the 12 hour limitation 
imposed by the Hours of Service Act unduly restricts CRIJ's operations. 
In no case will CRIJ exceed 16 hours should the exemption be provided. 
The petitioner indicates that granting the exemption is in the public 
interest and will not adversely affect safety. Additionally, the 
petitioner asserts it has demonstrated good cause for granting this 
exemption.

Wilmington Terminal Railroad, L.P. (WTRY)

FRA Waiver Petition Docket No. HS-93-26

    The WTRY seeks an exemption from the Hours of Service Act. The WTRY 
is a short line railroad which serves the port of Wilmington, North 
Carolina, and operates over 5 miles of yard and industry track. WTRY 
has only five train crew personnel and does not intend to operate over 
12 hours per shift under normal operating conditions. However, an 
exemption would help should the railroad encounter unusual operating 
conditions. WTRY indicates that granting the exemption is in the public 
interest and will not adversely affect safety. Additionally, the 
petitioner asserts it has demonstrated good cause for granting this 
exemption.

CSX Transportation (CSX)

FRA Waiver Petition Docket No. RSOP-94-1

    The CSX seeks an exemption to 49 CFR 218.37 which requires that 
torpedoes be part of flagging equipment. CSX Operating Rules 99, 99A 
and 99E describe the conditions that require the application of 
torpedoes. Because of the antiquity of torpedo use in the industry 
today, the petitioner is requesting a waiver from this requirement. CSX 
indicates that granting the exemption is in the public interest and 
will not adversely affect safety. Additionally, the petitioner asserts 
it has demonstrated good cause for granting this exemption.

Metro North Commuter Railroad Company (MNCW)

FRA Waiver Petition Docket No. RSOP-94-2

    The MNCW seeks an exemption to 49 CFR 218.37 which requires that 
torpedoes be part of flagging equipment. MNCW is a public benefit 
subsidiary corporation of the Metropolitan Transportation Authority and 
operates commuter rail service on its Harlem, Hudson, and New Haven 
Lines. MNCW indicates that in those rare occasions that torpedoes would 
be used that adequate protection can be provided by use of flags, lamps 
and fuses. MNCW indicates that granting the exemption is in the public 
interest and will not adversely affect safety. Additionally, the 
petitioner asserts it has demonstrated good cause for granting this 
exemption.

    Issued in Washington, DC on March 14, 1994.
Phil Olekszyk,
Deputy Associate Administrator for Safety.
[FR Doc. 94-6276 Filed 3-17-94; 8:45 am]
BILLING CODE 4910-06-P