[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Notices]
[Page 34736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16956]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waivers of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received requests for waivers of compliance with certain 
requirements of its safety standards. 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.

Union Pacific Railroad Company, Southern Pacific Transportation 
Company, St. Louis Southwestern Railway Company, SPCSL Corp. and The 
Denver & Rio Grande Western Railroad Company (Waiver Petition Docket 
Number PB-97-5)

    The above railroads, hereinafter referred to as the Union Pacific, 
seek a temporary waiver of compliance with certain sections of 49 CFR 
Part 232, Railroad Power Brakes and Drawbars, governing two-way end-of-
train devices. The Union Pacific is requesting a temporary waiver, not 
to exceed six months, or until December 30, 1997, of the requirement 
for all trains to be equipped with two-way end-of-train devices.
    The Union Pacific ordered two-way-end-of-train devices, including 
700 devices from Union Switch and Signal (US&S). The railroad states 
that due to technical design difficulties with the US&S device, the 
US&S devices will not be available prior to July 1, 1997. Union Pacific 
also indicates that it had ordered 200 devices from Pulse for July and 
August delivery. Union Pacific indicates that it has now ordered four 
hundred additional devices from Pulse but these devices will not be 
available until October at the earliest. The Union Pacific states that, 
realizing the need to give priority to operations in mountain grade 
territory, it proposes to deploy adequate two-way-end-of-train devices 
to provide full two-way-end-of-train devices operations west of North 
Platte, Nebraska; Pueblo, Colorado; and El Paso, Texas. This will 
ensure that all trains operating in mountain grade territory will be 
equipped with the two-way end-of-train devices. For trains operating 
east of these points, where mountain grade is not a factor, the Union 
Pacific requests a waiver of the requirement to limit trains without 
two-way end-of-train devices to 30 mph for a period not to exceed six 
months, or until December 30, 1997. Union Pacific asserts that the 
waiver will allow time to obtain the additional number of two-way end-
of-train devices needed to support the operations while minimizing the 
negative impact on operations.

Canadian National Railways (CN) (Waiver Petition Docket Number PB-97-4)

    The CN seeks a temporary waiver of compliance from certain sections 
of 49 CFR Part 232, Railroad Power Brakes and Drawbars, governing two-
way end-of-train devices. The CN is requesting a temporary waiver, not 
to exceed 6 months, or until January 1, 1998, of the requirement that 
all trains be equipped with two-way end-of-train devices while 
operating in the United States.
    The CN ordered 150 rear end equipment in October 1996, and 200 head 
end equipment in December, 1996. CN states that, due to demand for the 
two-way end-of-train devices, the manufacturer cannot make delivery 
until the middle of July; testing of the equipment would delay its 
deployment until September 1, 1997. The head end equipment is not 
expected to be received until the end of September 1997, and 
installation not completed until the end of December 1997.
    Due to the short time frame before the subject regulations become 
effective, FRA is initiating an expedited comment period for these 
waiver requests. Therefore, interested parties are invited to 
participate in these proceedings by submitting written views, data, or 
comments to the Docket Clerk, Office of Chief Counsel, Federal Railroad 
Administration, Nassif Building, 400 Seventh Street, S.W., Washington, 
D.C. 20590. Communications received by July 3, 1997 will be considered 
by FRA before final action is taken. Comments received after that date 
will be considered to the extent possible. To provide as much time as 
possible within this expedited time frame, interested parties may file 
their comments by fax to the FRA Docket Clerk at 202-632-3709. FRA does 
not anticipate holding a public hearing in connection with these 
proceedings since the facts do not appear to warrant a hearing. 
However, if any interested party desires an opportunity for oral 
comment, they should notify FRA, in writing, or by fax at the above 
number before the end of the comment period and specify the basis for 
their request.
    If a hearing is held, it will be held at 9:30 a.m. on Friday, July 
11, 1997 at the Department of Transportation headquarters building 
(Nassif Building), Room 8236, 400 Seventh Street, S.W., Washington, 
D.C. 20590. Interested parties may call the FRA Docket Clerk at 202-
632-3198 for information regarding the hearing. FRA will make every 
effort to provide actual notice to all parties who have shown an 
interest in this proceeding.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Numbers PB-97-4 
and PB-97-5). All written communications concerning these proceedings 
are available for examination during regular business hours (9 a.m.44 
p.m.) at FRA's temporary docket room located at 1120 Vermont Avenue, 
N.W., in Room 7051, Washington, D.C.

    Issued in Washington, D.C. on June 24, 1997.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 97-16956 Filed 6-26-97; 8:45 am]
BILLING CODE 4910-06-P