[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Notices]
[Pages 46242-46243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17567]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver 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 a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
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.

Gulf & Ohio Railways

[Docket Number FRA-2002-11897]

    The Gulf and Ohio Railways, parent company to the Knoxville and 
Holston River Railroad (KXHR), has petitioned for a permanent waiver of 
compliance from the requirements of the 49 CFR Federal Track Safety 
Standards Part 213.233, Track Inspections. This requirement prescribes 
a Gregorian calendar-based frequency for inspecting track to detect 
deviations from the standards. Railroads operating passenger trains are 
required to schedule a twice weekly track inspection with at least a 
one-day interval between inspections.
    KXHR began revenue passenger service in early November of 1999. 
KXHR schedules passenger operations to begin the last week in March and 
end about mid-November of each year. A passenger train operates twice a 
day, on Saturdays and Sundays, between milepost 5.8 and milepost 10.8 
over the River Front Extension (RFE) track. Freight trains operate 
daily, Monday through Friday, throughout the RFE's 11.6-miles. In 2001, 
a substantial number of passengers (more than 12,000) rode the 
excursion train. In the same year, the traffic density was estimated at 
0.072 million gross tons. On the RFE district, KXHR Timetable Number 1 
authorizes a maximum speed

[[Page 46243]]

of 15-miles per hour for passenger and 10-miles per hour for freight 
trains. The method of operation is Yard Limit Rule (General Code of 
Operating Rules). Since 1998, KXHR has operated trains with only one 
reportable incident, which was a derailment attributed to an equipment 
failure.
    KXHR claims the passenger train operation is on consecutive days, 
requiring them to make two inspections between Monday and Friday, even 
though they do not operate the passenger train between inspections. 
KXHR requests relief from the second inspection during the week. In the 
event a special train is operated between Monday and Friday, KXHR 
states they will conduct the compulsory twice weekly inspections.
    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 FRA-
2002-11897) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401, Washington, DC 20590-0001. 
Communications received within 45 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 (9:00 a.m.-5:00 p.m.) at the 
above facility. All documents in the public docket are also available 
for inspection and copying on the Internet at the docket facility's Web 
site at 
http://dms.dot.gov.

    Issued in Washington, DC, on July 8, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-17567 Filed 7-11-02; 8:45 am]
BILLING CODE 4910-06-P