[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Notices]
[Pages 42154-42155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20514]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions 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) received requests for waivers of compliance with certain 
requirements of its safety standards. The individual petitions are 
described below, including the parties seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioners' arguments in favor of relief.

National Railroad Passenger Corporation (Waiver Petition Docket Number 
PB-94-3)

    The National Railroad Passenger Corporation (Amtrak) seeks a waiver 
of compliance from certain sections of the Railroad Power Brakes and 
Drawbars regulations, 49 CFR part 232. In 1995, FRA granted a waiver 
(Waiver Petition Docket Number PB-94-3) to Amtrak to extend the 
frequency for the cleaning, oiling, testing, and stenciling (COT&S) of 
passenger cars equipped with 26-C brake equipment from the required 36 
months to 48 months. Amtrak requests that commuter rail passenger cars 
owned by the following commuter agencies, but operated and maintained 
by Amtrak under individual contract agreements, be under the 
maintenance conditions set forth in Waiver Docket Number PB-94-3:

Connecticut Department of Transportation--31 coaches

[[Page 42155]]

Maryland Rail Commuter--110 coaches
Massachusetts Bay Transportation Authority--358 coaches
North Carolina Department of Transportation--14 coaches
Virginia Railway Express--59 coaches
    Please note that some of the commuter agencies' coaches are cab 
control cars. 49 CFR 229.14 requires that components added to the 
passenger car that enable it to serve as a lead locomotive, control the 
locomotive actually providing tractive power, and otherwise control the 
movement of the train, are subject to the requirements of 49 CFR part 
229. Therefore, only the brake system components not subject to the 
requirements of 49 CFR 229.14 are to be considered in this petition for 
any cab control car.
    Amtrak declares that the commuter rail equipment is maintained in 
accordance to all applicable FRA requirements, Association of American 
Railroad's maintenance practices, and Amtrak's standard maintenance 
procedures. Amtrak also contends that the service conditions on the 
commuter car fleets are considered to be consistent with those 
conditions under which Amtrak's four year test for COT&S was conducted.

Norfolk Southern Corporation (Waiver Petition Docket Number RST-96-3)

    The Norfolk Southern Corporation (NS) seeks a waiver from the 
requirements of 49 CFR Part 213.241 to allow it to submit and maintain 
track inspection records via an electronic system.
    In its petition, NS refers to the provisions of Sec. 213.241 which 
require that each record of an inspection be prepared on the day the 
inspection is made and signed by the person making the inspection. NS 
believes that these provisions do not specifically mandate a paper-
based recordkeeping system, and states that to the extent that this 
part implies such a requirement, it be granted a waiver to substitute 
electronic records for paper ones. NS further requests that it be 
permitted to input the records of inspection within one day's time of 
the date on which the inspection is made.
    NS states that the use of the electronic system would allow the 
railroad to significantly reduce the volume of paper reports (estimated 
to average approximately 600 reports each week) and the associated 
handling costs. NS also states that the electronic reporting system 
could be effected without cost to any party and without disrupting or 
destroying the integrity of the present record system.
    Under the proposed reporting procedure, track inspectors would 
continue to make their inspections and gather information on 
handwritten notes or, potentially, laptop computers. The proposed 
filing system would merely alter the way in which the inspection report 
is submitted, stored, and retrieved. Each track inspector would have 
his/her own personal electronic identity. The track inspector would 
call up a form on NS's e-mail network, insert the pertinent information 
on the form, and send it electronically to the regional offices. Upon 
receipt via e-mail in the regional offices, hard copy reports would be 
placed into files along the same lines as are currently used. In the 
future, NS states that it will develop a separate database to store all 
track inspection reports.
    NS declares that its policy prohibits the sharing and duplication 
of passwords, thus preserving the uniqueness of each user's identity. 
Once the inspection report is completed by the inspector, the computer 
system would not accept subsequent alterations or modifications of the 
report. The computer system would allow subsequent access to such 
reports, or compilations of information generated therefrom, but would 
limit this access to a read-only basis.
    NS anticipates that, in virtually all instances, the record of 
inspection will be prepared and entered into the electronic system on 
the inspection date. However, NS states that it is possible for the 
input process to be delayed in rare instances, such as when the system 
mainframe computer is taken off-line for periodic software maintenance, 
when the reporting inspector is called out to respond to an emergency 
situation, or when the inspector is located at a site where he/she does 
not have access to a terminal. NS asks that it be granted the one-day 
grace period for these rare circumstances.
    NS believes that the granting of the petition would provide 
positive benefits for all parties involved and an immediate increase in 
efficiency while reducing costs.
    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 PB-94-3) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW., Mail Stop 
25, Washington, DC 20590. Communications received within 30 days of the 
date 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 docket room located at 1120 Vermont Avenue, 
NW., Room 7051, Washington, DC 20005.

    Issued in Washington, D.C. on July 29, 1997.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 97-20514 Filed 8-4-97; 8:45 am]
BILLING CODE 4910-06-P