[Federal Register: April 9, 1998 (Volume 63, Number 68)]
[Notices]               
[Page 17478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap98-160]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for a Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Secs. 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 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.

Kyle Railroad Company

FRA Waiver Petition No. WPS-97-9

    Kyle Railroad Company (Kyle), a subsidiary of Kyle Railways, Inc. 
seeks a permanent waiver of compliance from certain provisions of the 
Federal Roadway Worker Protection Standards, subpart C of 49 CFR part 
214. The waiver is requested for six railroads owned by Kyle Railways, 
Inc., namely:

Arizona Eastern Railway
Eastern Alabama Railway
Kyle Railroad Company
San Joaquin Valley RR Company
San Pedro & South Western RR Company
Kiamichi Railroad Company

    Specifically, Kyle requests relief to the extent ``that working 
limits within Yard Limits or Restricted Limits be established by means 
of restricted speed and by placing red flags or red lights, \1/4\ mile 
or within sight distance, but not less than 400 feet, of both ends of 
the obstruction.''
    In support of the petition, Kyle states that:

    When possible, on tracks other than mainline, a switch aligned 
to prevent access to the working limits and secured with an 
effective securing device, placed by the roadway worker in charge of 
the working limits, would be used. We have included the sight 
distance provision to insure that vandalism would not result in loss 
of protection.
    The reason for this request is primarily due to our conclusion 
that to comply with Sec. 214.327, the use of portable derails to 
establish working limits, would be necessary. We believe that the 
use of portable derails poses a significant risk of personal injury 
to employees required to handle them. This due to the inherent 
awkwardness of the device and the weight of approximately sixty (60 
) pounds each. We do not believe the remaining alternatives included 
in this section, are economically feasible.

    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 WPS-97-
9) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW., 
Washington, DC 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 a.m.-5 p.m.) 
at FRA's docket room located at 1120 Vermont Avenue, NW., Room 7051, 
Washington, DC 20005.

    Issued in Washington, DC on April 6, 1998.
Grady C. Cothen,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 98-9430 Filed 4-8-98; 8:45 am]
BILLING CODE 4910-06-P