[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Page 51489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25239]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


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 a request for a waiver of compliance with certain requirements 
of the Federal safety laws and 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.

Florida East Coast Railway

FRA Docket Number RSRM-96-1

    The Florida East Coast Railway (FEC) seeks a waiver of compliance 
from 49 CFR Part 221--Rear End Marking Device--Passenger, Commuter and 
Freight Trains. The FEC is requesting a waiver of compliance to 
continue to operate trains if the rear end marking device becomes 
defective enroute, past West Palm Beach and Ft. Lauderdale, Florida. 
The stopping of trains at West Palm Beach blocks several public road 
crossings and is considered a dangerous area. FEC feels that time 
sensitive southbound trains that have an inoperative rear end marking 
device approaching Ft. Lauderdale should continue to Ft. Pierce, 
Florida. Ft. Lauderdale is a busy intermodal facility with road 
crossings at each end which prohibit a train movement, requiring the 
crew member to walk the entire length of the train.
    All defective rear end marking devices would be changed at Ft. 
Pierce, Florida which is 57 miles north of West Palm Beach and 12\1/2\ 
miles south of Ft. Lauderdale.
    Title 49 CFR 221.17 ``Movement of Defective Equipment'' states in 
part: (a) Whenever the marking device prescribed in this part becomes 
inoperative enroute, the train may be moved to the next forward 
location at where repairs can be made or replaced.
    FEC operates 360.7 miles of freight railroad between Jacksonville 
and Miami, Florida. FEC maintains an Automatic Train Control (ATC) 
signal system that reduces the possibilty for train collisions.
    Interested parties are invited to participate in these proceedings 
by submitting written reviews, 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--RSRM-
96-1, 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 within 30 
days from the publication 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 FRA's temporary relocation at 1120 Vermont 
Avenue NW., room 7051, Washington, DC 20005.

    Issued in Washington, DC on September 27, 1996.
Phil Olekszyk,
Acting Associate Administrator for Safety.
[FR Doc. 96-25239 Filed 10-1-96; 8:45 am]
BILLING CODE 4910-06-P