97-20514. Petitions for Waivers of Compliance  

  • [Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
    [Notices]
    [Pages 42154-42155]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-20514]
    
    
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    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
    
    
    

Document Information

Published:
08/05/1997
Department:
Federal Railroad Administration
Entry Type:
Notice
Document Number:
97-20514
Pages:
42154-42155 (2 pages)
PDF File:
97-20514.pdf