[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Notices]
[Pages 79684-79685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32945]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for a Waiver of Compliance

    In accordance with Title 49, Code of Federal Regulations (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 Federal railroad safety 
regulations. 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.

Atlantic & Western Railway, L.P.

(Docket Number FRA-2002-13808)

    Atlantic & Western Railway, L.P., (hereafter ``ATW'') is a short 
line railroad managed by Rail Management Corporation operating over 
approximately 10 miles of track in the vicinity of Sanford, North 
Carolina. The railroad operates with five (5) full-time employees and 
handles approximately 1500 cars per year. A two-person switching crew 
works five days a week, Monday through Friday, 8 a.m. to 5 p.m. The 
railroad interchanges with CSX Transportation at Sanford, North 
Carolina and with the Norfolk Southern Corporation at Cumnock, North 
Carolina.
    ATW seeks to petition the Federal Railroad Administration (FRA) for 
a waiver from the requirements of Federal regulations on behalf of 
Kinder Morgan, a shipper located on the ATW line. ATW proposes to allow 
Kinder Morgan the use of its trackage to conduct ``trans-loading'' 
switching operations near Cumnock, North Carolina. The operation would 
entail movements from the Kinder Morgan facility, at approximately mile 
post 126.5, onto ATW trackage for a distance of approximately .25 miles 
each way by Kinder Morgan employees. The proposed operational limits 
would be controlled by Kinder Morgan and protected by the placement of 
stop signs and derails at each end of the limits. The method of 
operation on this section of track is yard limits (restricted speed not 
to exceed 10 mph). ATW crews would be required to stop at the stop sign 
and request permission from Kinder Morgan to proceed through the 
limits. ATW indicates it would use this track approximately once per 
day for interchange purposes with Norfolk Southern Corporation. Kinder 
Morgan plans to work two shifts per day, seven days per week, at its 
facility using ATW trackage occasionally.
    ATW believes that relief from applicable Federal regulations will 
make the operations economically feasible for Kinder Morgan and more 
manageable for ATW's limited staff. ATW further believes that, because 
of its low volume of traffic and its low operating speed (10 mph), 
granting the waiver request will not jeopardize the safety of its 
employees or those of Kinder Morgan.
    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

[[Page 79685]]

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-
2002-13808) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401 (Plaza Level), 400 Seventh 
Street, SW., Washington, DC 20590. 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 a.m.-5 p.m.) at the above facility.

    Issued in Washington DC on December 23, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development
[FR Doc. 02-32945 Filed 12-27-02; 8:45 am]
BILLING CODE 4910-06-P