Petition for a Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Petition for a Waiver of Compliance

In accordance with 49 CFR 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.

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 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 No. RSEQ-92-1)

and must be submitted in triplicate to the Docket Clerk, Office of

Chief Counsel, Federal Railroad Administration, Nassif Building, 400

Seventh Street SW., Washington, DC 20590. Communications received

before April 18, 1994 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.) in room 8201, Nassif Building, 400 Seventh Street SW.,

Washington, DC 20590. The waiver petitions are as follows:

Bellefonte Historical Railroad Society (BHRX)

(Waiver Petition Docket No. RSAD-93-2)

The BHRX seeks a permanent waiver of compliance from the provisions

of Control of Alcohol and Drug Use (49 CFR part 219, subparts E, F and

G). The BHRX is an all-volunteer, non-profit railroad that operates two

rail diesel cars in excursion service at slow speeds under a trackage

rights agreement on Nittany and Bald Eagle Railroad on a regular

weekend schedule in the spring, summer, and fall. BHRX believes that

the threat to safety from drug or alcohol abuse is very limited because

BHRX supervisory personnel contact their few operating employees

regularly during train operations and would recognize any unusual

behavior. The petitioner indicates that granting the exemption is in

the public interest and will not adversely affect safety.

Fillmore and Western Railroad FMWX

FRA Waiver Petition Docket No. HS-93-23

The FMWX seeks an exemption from the Hours of Service Act to permit

certain employees to remain on duty not more than 16 hours in any 24-

hour period. The FMWX provides service for the movie industry in the

Los Angles, California, area. The FWR conducts no interchange services.

Texas Gonzales and Northern Railway Company (TXGN)

FRA Waiver Petition Docket No. HS-93-24

The TXGN seeks an exemption from the Hours of Service Act to permit

certain employees to remain on duty not more than 16 hours in any 24-

hour period. The TXGN provides service over 12 miles of track in

Gonzales County, Texas. The TXGN conducts interchange services with

Southern Pacific Transportation Company at Hardwood, Texas. The

petitioner indicates that granting the exemption is in the public

interest and will not adversely affect safety.

Carolina Rail Services Company (CRIJ)

FRA Waiver Petition Docket No. HS-93-25

The CRIJ seeks an exemption from the Hours of Service Act. The CRIJ

is a Class III intra-port switching railroad serving approximately

seven to eight customers at the Port of Morehead City, North Carolina.

The CRIJ operates only two switching locomotives which pull its cars

over three to four miles of line at extremely low speeds without

traversing a public crossing. The CRIJ has four full-time employees and

several part-time employees. Occasionally, CRIJ's crews are required to

wait for a specific ship to be unloaded and the 12 hour limitation

imposed by the Hours of Service Act unduly restricts CRIJ's operations.

In no case will CRIJ exceed 16 hours should the exemption be provided.

The petitioner indicates that granting the exemption is in the public

interest and will not adversely affect safety. Additionally, the

petitioner asserts it has demonstrated good cause for granting this

exemption.

Wilmington Terminal Railroad, L.P. (WTRY)

FRA Waiver Petition Docket No. HS-93-26

The WTRY seeks an exemption from the Hours of Service Act. The WTRY

is a short line railroad which serves the port of Wilmington, North

Carolina, and operates over 5 miles of yard and industry track. WTRY

has only five train crew personnel and does not intend to operate over

12 hours per shift under normal operating conditions. However, an

exemption would help should the railroad encounter unusual operating

conditions. WTRY indicates that granting the exemption is in the public

interest and will not adversely affect safety. Additionally, the

petitioner asserts it has demonstrated good cause for granting this

exemption.

CSX Transportation (CSX)

FRA Waiver Petition Docket No. RSOP-94-1

The CSX seeks an exemption to 49 CFR 218.37 which requires that

torpedoes be part of flagging equipment. CSX Operating Rules 99, 99A

and 99E describe the conditions that require the application of

torpedoes. Because of the antiquity of torpedo use in the industry

today, the petitioner is requesting a waiver from this requirement. CSX

indicates that granting the exemption is in the public interest and

will not adversely affect safety. Additionally, the petitioner asserts

it has demonstrated good cause for granting this exemption.

Metro North Commuter Railroad Company (MNCW)

FRA Waiver Petition Docket No. RSOP-94-2

The MNCW seeks an exemption to 49 CFR 218.37 which requires that

torpedoes be part of flagging equipment. MNCW is a public benefit

subsidiary corporation of the Metropolitan Transportation Authority and

operates commuter rail service on its Harlem, Hudson, and New Haven

Lines. MNCW indicates that in those rare occasions that torpedoes would

be used that adequate protection can be provided by use of flags, lamps

and fuses. MNCW indicates that granting the exemption is in the public

interest and will not adversely affect safety. Additionally, the

petitioner asserts it has demonstrated good cause for granting this

exemption.

Issued in Washington, DC on March 14, 1994.

Phil Olekszyk,

Deputy Associate Administrator for Safety.

[FR Doc. 94-6276 Filed 3-17-94; 8:45 am]

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