99-16466. Petitions for Waivers of Compliance

[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Notices]
[Page 34841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16466]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Sections 211.9 and 211.41, notice is hereby given that the Federal 
Railroad Administration (FRA) has received a request for waiver of 
compliance with certain requirements of the Federal railroad safety 
regulations. The individual petition is described below, including the 
party seeking relief, the regulatory provisions involved, the nature of 
the relief being sought and the petitioner's arguments in favor of 
relief.

Alaska Railroad Corporation; FRA Waiver Petition No. FRA-1999-5105

    Alaska Railroad Corporation (ARR) seeks a permanent waiver of 
compliance from certain provisions of the Roadway Worker Protection 
Standards, 49 CFR Part 214, Subpart C. ARR seeks a waiver of 49 CFR 
214.327(c) which states:
    (c) No operable locomotives or other or other items of on-track 
equipment, except those present or moving under the direction of the 
roadway worker in charge of the working limits, shall be located within 
working limits established by means of inaccessible track.
    The ARR requests this waiver so it can use a procedure that will 
utilize a General Order or Special Instruction to assure that 
locomotives or other items of on track equipment located within working 
limits can not be operated until an advisory from the Anchorage 
Terminal Superintendent has been obtained. ARR desires to use this 
procedure during inclement weather to facilitate snow removal 
operations. Anchorage yard would be made into working limits by 
establishing a track warrant on the entrance to the yard in accordance 
with Sec. 214.327 (a) (4), inaccessible track. All movements within the 
yard would be under the control of the roadway worker that is in charge 
of the working limits.
    ARR intends to create ``zones'' within Anchorage yard for the 
purpose of delineating specific groups of tracks that could be fouled 
during snow removal, and further define those groups of tracks (in 
zones) which would not be involved in the snow removal process.
    Interested parties are invited to participate in this proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with this proceeding 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 FRA 
1999-5105) and must be submitted to the DOT Docket Management Facility, 
Room PL-401 (Plaza level) 400 Seventh Street, S.W., Washington, D.C. 
20590. Communications received within 45 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 this proceeding are available for 
examination during regular business hours (9:00 a.m.--5:00 p.m.) at the 
above facility. All documents in the public docket are also available 
for inspection and copying on the internet at the docket facility's Web 
site at http://dms.dot.gov.

    Issued in Washington, DC on June 23, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 99-16466 Filed 6-28-99; 8:45 am]
BILLING CODE 4910-06-P