Exemption petitions, etc.: National Railroad Passenger Corp. (Amtrak) et al.,

[Federal Register: July 7, 1998 (Volume 63, Number 129)]

[Notices]

[Page 36732-36733]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07jy98-125]

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

In accordance with title 49 CFR 211.9 and 211.41, notice is hereby given that the following railroads have petitioned the Federal Railroad Administration (FRA) for exemption from or waiver of compliance with a requirement of its safety standards. Their petitions are described below, including the regulatory provisions involved, and the nature of the relief being requested.

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 of their request.

All communications concerning these proceedings should identify the appropriate waiver petition docket number and must be submitted in triplicate to the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, Nassif Building, 400 Seventh Street SW., Mail Stop 10, Washington, DC 20590.

Communications received within 45 days of the date of publication 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. to 5 p.m.) in Room 7051, 1120 Vermont Street, NW., Washington, DC. The individual petitions are as follows:

National Railroad Passenger Corporation (Amtrak) FRA Waiver Petition Docket No. HS-98-01

Amtrak requests a waiver to maintain train and engine employee's hours of duty records in an electronic program in lieu of manually signed paper records.

Florida East Coast Railway Company (FEC) FRA Waiver Petition Docket No. HS-98-02

FEC requests a waiver to utilize their ``Paperless Time Ticket Program'' to produce an electronic record of train and engine employee hours of duty in lieu of manually signed paper records.

Both Amtrak and the FEC request a waiver of compliance with certain provisions of FRA Safety Regulations (Hours of Service of Railroad Employees). The waivers requested seek relief from Title 49 Code of Federal Regulations (CFR) Part 228.9(a)(1) for each railroad to utilize a computerized system of recording hours of duty data. Part 228.9(a)(1) requires that records maintained under Part 228 be signed by the employee whose time is being recorded, or in the case of train and engine crews, signed by the ranking crew member. Amtrak and the FEC seek

[[Page 36733]]

to utilize a secure computerized program of recording hours of duty information which would not comply with the above requirements for a ``signature'' of the employee or ranking crew member. Amtrak and the FEC propose that each railroad's train and engine employee will have his or her own unique identification number and personal identification number (PIN). The PIN will remain confidential to the employee. When accessing the computer for input of the hours of service record, required by Sec. 228.11, the (PIN) will not appear on the computer screen when the employee enters his or her number. All data entered under access gained through use of the confidential PIN will be electronically stamped with the entering employee's name. The program will display the electronic signature on the employee's hours of duty record. Amtrak and the FEC requests a waiver to use the electronic stamp to satisfy the signature requirements of the ``Hours of Service of Railroad Employees.'' The railroads maintain that the change is in the best interests of all parties, in that, it will reduce unnecessary paperwork and the costs associated therewith while providing the railroads, its employees and the FRA with a superior level of information on a more timely basis than is currently available.

Issued in Washington, DC on June 29, 1998. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development.

[FR Doc. 98-17827Filed7-6-98; 8:45 am]

BILLING CODE 4910-6-P