[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Page 51489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25239]
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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]
BILLING CODE 4910-06-P
