Petitions for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petitions for Waivers 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 requests for waivers of compliance with certain

requirements of its safety standards. The individual petitions are

described below, including the parties seeking relief, the regulatory

provisions involved, the nature of the relief being requested, and the

petitioners' arguments in favor of relief.

National Railroad Passenger Corporation (Waiver Petition Docket Number

PB-94-3)

The National Railroad Passenger Corporation (Amtrak) seeks a waiver

of compliance from certain sections of the Railroad Power Brakes and

Drawbars regulations, 49 CFR part 232. In 1995, FRA granted a waiver

(Waiver Petition Docket Number PB-94-3) to Amtrak to extend the

frequency for the cleaning, oiling, testing, and stenciling (COT&S) of

passenger cars equipped with 26-C brake equipment from the required 36

months to 48 months. Amtrak requests that commuter rail passenger cars

owned by the following commuter agencies, but operated and maintained

by Amtrak under individual contract agreements, be under the

maintenance conditions set forth in Waiver Docket Number PB-94-3:

Connecticut Department of Transportation--31 coaches

[[Page 42155]]

Maryland Rail Commuter--110 coaches

Massachusetts Bay Transportation Authority--358 coaches

North Carolina Department of Transportation--14 coaches

Virginia Railway Express--59 coaches

Please note that some of the commuter agencies' coaches are cab

control cars. 49 CFR 229.14 requires that components added to the

passenger car that enable it to serve as a lead locomotive, control the

locomotive actually providing tractive power, and otherwise control the

movement of the train, are subject to the requirements of 49 CFR part

229. Therefore, only the brake system components not subject to the

requirements of 49 CFR 229.14 are to be considered in this petition for

any cab control car.

Amtrak declares that the commuter rail equipment is maintained in

accordance to all applicable FRA requirements, Association of American

Railroad's maintenance practices, and Amtrak's standard maintenance

procedures. Amtrak also contends that the service conditions on the

commuter car fleets are considered to be consistent with those

conditions under which Amtrak's four year test for COT&S was conducted.

Norfolk Southern Corporation (Waiver Petition Docket Number RST-96-3)

The Norfolk Southern Corporation (NS) seeks a waiver from the

requirements of 49 CFR Part 213.241 to allow it to submit and maintain

track inspection records via an electronic system.

In its petition, NS refers to the provisions of Sec. 213.241 which

require that each record of an inspection be prepared on the day the

inspection is made and signed by the person making the inspection. NS

believes that these provisions do not specifically mandate a paper-

based recordkeeping system, and states that to the extent that this

part implies such a requirement, it be granted a waiver to substitute

electronic records for paper ones. NS further requests that it be

permitted to input the records of inspection within one day's time of

the date on which the inspection is made.

NS states that the use of the electronic system would allow the

railroad to significantly reduce the volume of paper reports (estimated

to average approximately 600 reports each week) and the associated

handling costs. NS also states that the electronic reporting system

could be effected without cost to any party and without disrupting or

destroying the integrity of the present record system.

Under the proposed reporting procedure, track inspectors would

continue to make their inspections and gather information on

handwritten notes or, potentially, laptop computers. The proposed

filing system would merely alter the way in which the inspection report

is submitted, stored, and retrieved. Each track inspector would have

his/her own personal electronic identity. The track inspector would

call up a form on NS's e-mail network, insert the pertinent information

on the form, and send it electronically to the regional offices. Upon

receipt via e-mail in the regional offices, hard copy reports would be

placed into files along the same lines as are currently used. In the

future, NS states that it will develop a separate database to store all

track inspection reports.

NS declares that its policy prohibits the sharing and duplication

of passwords, thus preserving the uniqueness of each user's identity.

Once the inspection report is completed by the inspector, the computer

system would not accept subsequent alterations or modifications of the

report. The computer system would allow subsequent access to such

reports, or compilations of information generated therefrom, but would

limit this access to a read-only basis.

NS anticipates that, in virtually all instances, the record of

inspection will be prepared and entered into the electronic system on

the inspection date. However, NS states that it is possible for the

input process to be delayed in rare instances, such as when the system

mainframe computer is taken off-line for periodic software maintenance,

when the reporting inspector is called out to respond to an emergency

situation, or when the inspector is located at a site where he/she does

not have access to a terminal. NS asks that it be granted the one-day

grace period for these rare circumstances.

NS believes that the granting of the petition would provide

positive benefits for all parties involved and an immediate increase in

efficiency while reducing costs.

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 PB-94-3)

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

Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW., Mail Stop

25, Washington, DC 20590. Communications received within 30 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 FRA's temporary docket room located at 1120 Vermont Avenue,

NW., Room 7051, Washington, DC 20005.

Issued in Washington, D.C. on July 29, 1997.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 97-20514 Filed 8-4-97; 8:45 am]

BILLING CODE 4910-06-P