Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

In accordance with 49 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 the Federal safety laws and regulations. The petition is described

below, including the regulatory provisions involved, the nature of the

relief being requested and the petitioner's arguments in favor of

relief.

Florida East Coast Railway

FRA Docket Number RSRM-96-1

The Florida East Coast Railway (FEC) seeks a waiver of compliance

from 49 CFR Part 221--Rear End Marking Device--Passenger, Commuter and

Freight Trains. The FEC is requesting a waiver of compliance to

continue to operate trains if the rear end marking device becomes

defective enroute, past West Palm Beach and Ft. Lauderdale, Florida.

The stopping of trains at West Palm Beach blocks several public road

crossings and is considered a dangerous area. FEC feels that time

sensitive southbound trains that have an inoperative rear end marking

device approaching Ft. Lauderdale should continue to Ft. Pierce,

Florida. Ft. Lauderdale is a busy intermodal facility with road

crossings at each end which prohibit a train movement, requiring the

crew member to walk the entire length of the train.

All defective rear end marking devices would be changed at Ft.

Pierce, Florida which is 57 miles north of West Palm Beach and 12\1/2\

miles south of Ft. Lauderdale.

Title 49 CFR 221.17 ``Movement of Defective Equipment'' states in

part: (a) Whenever the marking device prescribed in this part becomes

inoperative enroute, the train may be moved to the next forward

location at where repairs can be made or replaced.

FEC operates 360.7 miles of freight railroad between Jacksonville

and Miami, Florida. FEC maintains an Automatic Train Control (ATC)

signal system that reduces the possibilty for train collisions.

Interested parties are invited to participate in these proceedings

by submitting written reviews, 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--RSRM-

96-1, and must be submitted in triplicate to the Docket Clerk, Chief

Counsel, Federal Railroad Administration, Nassif Building, 400 Seventh

Street, S.W., Washington, D.C. 20590. Communications received within 30

days from the publication 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 relocation at 1120 Vermont

Avenue NW., room 7051, Washington, DC 20005.

Issued in Washington, DC on September 27, 1996.

Phil Olekszyk,

Acting Associate Administrator for Safety.

[FR Doc. 96-25239 Filed 10-1-96; 8:45 am]

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