Freight Car Safety Standards; Maintenance-of-Way Equipment

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 215

[FRA Docket No. RSFC-7, Notice No. 2]

RIN 2130-AA68

Freight Car Safety Standards; Maintenance-of-Way Equipment

AGENCY: Federal Railroad Administration (FRA), Department of

Transportation (DOT).

ACTION: Extension of comment period.

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SUMMARY: FRA is extending the comment period on its notice of proposed

rulemaking to amend the Freight Car Safety Standards. The NPRM proposed

changing the provisions in 49 CFR Part 215, by making all maintenance-

of-way vehicles subject to the Standards with the exception of

stenciled cars not used in revenue service and restricted to a speed of

less than 20 miles per hour. The extension is necessary to clarify

initial comments received from interested parties.

DATES: Written comments must be received no later than November 28,

1994. Comments received after that date will be considered to the

extent practicable without incurring additional expense or delay.

ADDRESSES: Written comment should identify the docket number and the

notice number and should be submitted in triplicate to the Docket

Clerk, Office of Chief Counsel, Federal Railroad Administration, 400

Seventh Street, S.W., Washington, D.C. 20590. Persons desiring to be

notified that their written comments have been received by FRA should

submit a stamped, self-addressed postcard with their comments. The

Docket Clerk will indicate the date on which the comments were received

and will return the postcard to the addressee. Written comments will be

available for examination during regular business hours in room 8201 of

the Nassif Building located at the above address.

FOR FURTHER INFORMATION CONTACT:

Phil Olekszyk, Acting Deputy Associate Administrator for Safety

Compliance and Program Implementation, Office of Safety, Federal

Railroad Administration, 400 Seventh Street, S.W., Washington, D.C.

20590 (telephone: 202-366-0897), or Cedestra L. Jordan, Trial Attorney,

Office of Chief Counsel, Federal Railroad Administration, 400 Seventh

Street, S.W., Washington, D.C. 20590 (telephone: 202-366-0628).

SUPPLEMENTARY INFORMATION: FRA published a notice of proposed

rulemaking (NPRM) on March 10, 1994 (59 FR 11238) to amend its Freight

Car Safety Standards. The Freight Car Safety Standards, at 49 CFR

215.3(c)(3), exclude maintenance-of-way equipment from the requirements

of Part 215, ``if that equipment is not used in revenue service and is

stenciled in accordance with Sec. 215.305.'' The proposed amendment

would add to the present regulation an additional condition which must

be met before a freight car in maintenance-of-way service can be

operated without complying with the Freight Car Safety Standards: the

equipment must be operated at a speed of less than 20 mph. FRA has

received comments from the Brotherhood of Maintenance of Way Employees;

The American Short Line Railroad Association; the Brotherhood Railway

Carmen Division, Transportation Communication International Union; the

Duluth, Missabe and Iron Range Railway Company; and the Association of

American Railroads (AAR). In light of comments received, particularly

from the AAR, FRA is preparing a request for clarification on some

issues presented in the AAR's comments. FRA's written request as well

as any written response will be included in the docket and made

available for review. Based on the comments received, FRA believes it

would be beneficial to extend the comment period, so that all

interested parties will have ample opportunity to comment. For these

reasons, FRA has determined that an extension to November 28, 1994, is

appropriate. In addition, FRA has not received any requests, formal or

informal, for a hearing on this matter; therefore a hearing will not be

scheduled.

Donald M. Itzkoff,

Federal Railroad Deputy Administrator.

[FR Doc. 94-23967 Filed 9-27-94; 8:45 am]

BILLING CODE 4910-06-P-M