[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23967]


[Federal Register: September 28, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

49 CFR Part 215

[FRA Docket No. RSFC-7, Notice No. 2]
RIN 2130-AA68


Freight Car Safety Standards; Maintenance-of-Way Equipment

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Extension of comment period.

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SUMMARY: FRA is extending the comment period on its notice of proposed 
rulemaking to amend the Freight Car Safety Standards. The NPRM proposed 
changing the provisions in 49 CFR Part 215, by making all maintenance-
of-way vehicles subject to the Standards with the exception of 
stenciled cars not used in revenue service and restricted to a speed of 
less than 20 miles per hour. The extension is necessary to clarify 
initial comments received from interested parties.

DATES: Written comments must be received no later than November 28, 
1994. Comments received after that date will be considered to the 
extent practicable without incurring additional expense or delay.

ADDRESSES: Written comment should identify the docket number and the 
notice number and should be submitted in triplicate to the Docket 
Clerk, Office of Chief Counsel, Federal Railroad Administration, 400 
Seventh Street, S.W., Washington, D.C. 20590. Persons desiring to be 
notified that their written comments have been received by FRA should 
submit a stamped, self-addressed postcard with their comments. The 
Docket Clerk will indicate the date on which the comments were received 
and will return the postcard to the addressee. Written comments will be 
available for examination during regular business hours in room 8201 of 
the Nassif Building located at the above address.

FOR FURTHER INFORMATION CONTACT:
Phil Olekszyk, Acting Deputy Associate Administrator for Safety 
Compliance and Program Implementation, Office of Safety, Federal 
Railroad Administration, 400 Seventh Street, S.W., Washington, D.C. 
20590 (telephone: 202-366-0897), or Cedestra L. Jordan, Trial Attorney, 
Office of Chief Counsel, Federal Railroad Administration, 400 Seventh 
Street, S.W., Washington, D.C. 20590 (telephone: 202-366-0628).

SUPPLEMENTARY INFORMATION: FRA published a notice of proposed 
rulemaking (NPRM) on March 10, 1994 (59 FR 11238) to amend its Freight 
Car Safety Standards. The Freight Car Safety Standards, at 49 CFR 
215.3(c)(3), exclude maintenance-of-way equipment from the requirements 
of Part 215, ``if that equipment is not used in revenue service and is 
stenciled in accordance with Sec. 215.305.'' The proposed amendment 
would add to the present regulation an additional condition which must 
be met before a freight car in maintenance-of-way service can be 
operated without complying with the Freight Car Safety Standards: the 
equipment must be operated at a speed of less than 20 mph. FRA has 
received comments from the Brotherhood of Maintenance of Way Employees; 
The American Short Line Railroad Association; the Brotherhood Railway 
Carmen Division, Transportation Communication International Union; the 
Duluth, Missabe and Iron Range Railway Company; and the Association of 
American Railroads (AAR). In light of comments received, particularly 
from the AAR, FRA is preparing a request for clarification on some 
issues presented in the AAR's comments. FRA's written request as well 
as any written response will be included in the docket and made 
available for review. Based on the comments received, FRA believes it 
would be beneficial to extend the comment period, so that all 
interested parties will have ample opportunity to comment. For these 
reasons, FRA has determined that an extension to November 28, 1994, is 
appropriate. In addition, FRA has not received any requests, formal or 
informal, for a hearing on this matter; therefore a hearing will not be 
scheduled.

Donald M. Itzkoff,
Federal Railroad Deputy Administrator.
[FR Doc. 94-23967 Filed 9-27-94; 8:45 am]
BILLING CODE 4910-06-P-M