[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17454]


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DEPARTMENT OF TRANSPORTATION

Petition for Waivers 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 from the De Queen & Eastern Railroad Company, Texas, Oklahoma 
& Eastern Railroad Company a request for a waiver of compliance with 
certain requirements of Federal regulations. The petition is described 
below, including the regulatory provisions involved, the nature of the 
relief being requested and the petitioner's arguments in favor of 
relief.

De Queen & Eastern Railroad Company

Texas, Oklahoma & Eastern Railroad Company

[Docket Number SA-96-4]

    The De Queen & Eastern Railroad Company; Texas, Oklahoma & Eastern 
Railroad Company (DQE-TOE) seeks a waiver of compliance from certain 
sections of 49 CFR Part 231, Railroad Safety Appliance Standards. The 
DQE-TOE is requesting a permanent waiver of the provisions of 49 CFR 
Part 231 which requires end ladders. The DQE-TOE wish to remove the end 
ladders on the subject cars.
    The DQE-TOE has 300 high side open top cars for hauling wood chips. 
Two hundred of these cars are end dump cars, in that the ends when 
unlocked swing upwards permitting easier unloading of the wood chips.
    49 CFR 231.1(e)(3) requires one ``. . . [ladder] on each side, not 
more than 8 inches from left side of car ``. . .''
    The DQE-TOE states that the end ladder ladders serve no useful 
purpose and are costly to maintain. The end doors are opened by 
machinery and are constantly being damaged.
    The DQE-TOE operates freight service from Perkins, Arkansas to 
Valliant, Oklahoma, a distance of eighty-six miles one way. Two trains 
are operated daily for the movement of approximately thirty (30) cars 
of wood chips in each train.
    The DQE-TOE further state that company policy prohibits employees 
from using these ladders and that the removal of the end ladders would 
not have an adverse effect on safety.
    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-SA-96-4 
and must be submitted in triplicate to the Docket Clerk, Chief Counsel, 
Federal Railroad Administration, Nassif Building, 400 Seventh Street, 
S.W., Washington, D.C. 20590. Communications received before August 19, 
1996, 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.

    Issued in Washington, D.C. on July 2, 1996.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 96-17454 Filed 7-8-96; 8:45 am]
BILLING CODE 4910-06-P