[Federal Register Volume 62, Number 217 (Monday, November 10, 1997)]
[Notices]
[Page 60555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29614]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver 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 a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
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.
Burlington Northern Santa Fe Railway
[Waiver Petition Docket Number PB-97-13]
The Burlington Northern Santa Fe Railway (BNSF) seeks a waiver of
compliance from certain provisions of the Railroad Power Brake and
Drawbars regulations, 49 CFR Section 232.25(d), concerning the
calibration of the front unit of a two-way end-of-train device.
Specifically, BNSF would like relief from the annual calibration
requirements of head-end units to the manufacturer's radio alignment
specifications and be permitted to use what BNSF calls a ``realistic
service test'' that will prove the ability to place the rear of the
train in emergency from the head-end-device as designed.
Section 232.25(d) states: The telemetry equipment shall be
calibrated for accuracy according to the manufacturer's specifications
at least every 365 days. The date of the last calibration, the location
where the calibration was made, and the name of the person doing the
calibration shall be legibly displayed on a weather-resistant sticker
or other marking device affixed to the outside of both the front unit
and rear unit. The Two-Way End-of-Train Device Final Rule was published
on January 2, 1997, and became effective July 1, 1997. FRA provided a
grace period until September 1, 1997, for railroads to accomplish the
calibration and labeling requirements of front units.
BNSF indicates that they have their communications teams perform
the entire calibration and alignment procedures per manufacturer's
instructions and specifications when new devices are received. BNSF
believes this more than ensures a safe and effective operation and does
not see any benefit of removing the devices from locomotives,
transporting them to a radio shop for a four hour procedure, then
transporting the devices back to the locomotives for installation every
365 days. BNSF feels the procedure is overly long and burdensome and
does not enhance the performance of the device. BNSF also states that
devices are damaged due to the excessive handling required to perform
the test. Therefore, they believe the best use of the device is to
permanently mount them on the locomotive and leave them there for the
safety of the train crew.
Rather than annually test the device to manufacturer's radio
alignment specifications, BNSF would like to test the device every 365
days for functionality in railroad service using a test code that
includes testing for sufficient output wattage at the correct
frequency, together with proof of arming ability and emergency
activation.
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-97-
13) and must be submitted in triplicate to the Docket Clerk, Office of
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., Mail
Stop 10, Washington, D.C. 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
(9:00 a.m.-5:00 p.m.) at FRA's temporary docket room located at 1120
Vermont Avenue, N.W., Room 7051, Washington, D.C. 20005.
Issued in Washington, D.C. on November 5, 1997.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 97-29614 Filed 11-7-97; 8:45 am]
BILLING CODE 4910-06-P
