[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Page 10065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5078]
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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.
CSX Transportation, Incorporated (Waiver Petition Docket Number PB-97-
10)
CSX Transportation, Incorporated (CSXT) seeks a temporary 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. CSXT
had originally requested relief from the calibration and labeling
requirements for all front units until December 31, 1997, PB-97-10, 62
FR 49291 (September 19, 1997). In a letter dated December 12, 1997,
CSXT requested the date for this temporary relief be extended to May 1,
1998.
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.
CSXT indicates they have calibrated and labeled approximately 700
of its nearly 2,700 total HTDs. This work was performed on all new
units purchased and on all units that were removed from a locomotive
and sent to the communications shop for any reason. Completion of the
calibration requirements for units that did not enter the radio shop
was dependent on development and availability of an on-board tester
being developed by Pulse Electronics. This on-board tester was a
cooperative effort by Pulse and Hewlett-Packard, which took longer to
complete than was originally anticipated. CSXT was originally promised
the tester in October, but a prototype was not delivered until November
24. The final product was available on December 8, 1997. In view of the
unavoidable delay which was necessary to properly develop this device,
CSXT states it will be unable to comply with the calibration and
labeling requirements by December 31, 1997. CSXT believes they will be
able to calibrate all locomotives by May 1, 1998, as the locomotives
receive their periodic inspections. CSXT also points out that they feel
they have provided a service to the entire industry by facilitating the
development of an on-board device which can be used to meet the
requirements of 232.25(d)
For all of the reasons set forth in the original waiver petition,
CSXT feels there is absolutely no reason to believe that any adverse
effect on safety would result from granting this short extension of
their original temporary waiver request.
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-
10) and must be submitted in triplicate to the Docket Clerk, Office of
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W.,
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 February 24, 1998.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 98-5078 Filed 2-26-98; 8:45 am]
BILLING CODE 4910-06-P
