[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Notices]
[Page 2569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1313]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waivers of Compliance
In accordance with 49 CFR Sections 211.9, 211.41 and 211.45, 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 safety laws and regulations. The individual petitions
are 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.
Renfe Talgo of America, Incorporated
FRA Docket Numbers RSGM-94-2 and SA-94-1
Renfe Talgo of America, Incorporated (RTOA) petitioned the FRA to
permit the operation of a second TALGO Pendular Train (TALGO) trainset
expected to arrive at the Port of Baltimore on or about January 28,
1996. The trainset is similar to the one presently operating in the
State of Washington under conditional waivers. The original request was
for waivers of compliance with certain provisions of the Railroad
Safety Glazing Standards (49 CFR Part 223) under Docket Number RSGM-94-
2 and Railroad Safety Appliance Standards (49 CFR Part 231), under
Docket Number SA-94-1 (see FR 9016, February 24, 1994). RTOA requested
that the conditional waiver granted the first Talgo trainset be
extended to include the second train set.
RTOA was granted the original waivers in order to permit operation
of a TALGO train under two conditions. It was intended that the train
would be operated (1) in non-revenue demonstration runs and (2) in
revenue service as part of a regularly scheduled service operated by
National Railroad Passenger Corporation (Amtrak) in the Pacific
Northwest High Speed Rail Corridor. The first TALGO train completed
demonstration runs between a number of city pairs and is currently in
revenue service under contract to the Washington State Department of
Transportation (WSDOT).
The second TALGO trainset will be comprised of 15 Pendular cars,
which would include two service cars, one sleeper car, one dining car,
one cafeteria car and ten coaches. It is similar to the trainset
currently in service in Washington State. RTOA seeks to include the
second TALGO train in the current conditional waivers from compliance
with the Railroad Glazing Standards, (49 CFR 223.15 (b)), which
requires that all side facing glazing on passenger cars must meet the
FRA Type II testing criteria. The original petition RTOA stated that
the side facing glazing of the TALGO train may in fact meet the FRA
requirements for FRA Type II, but it had not been subjected to the test
specified in the regulation. The windows in the sides of the cars are
double glazed with tempered safety glass. Each layer is 6 mm (.24
inches) thick with an air space in between the two layers. RTOA says
that there is not sufficient time to retrofit windows in the TALGO
train prior to shipment from Spain.
The original RTOA petition also sought a waiver from compliance of
the Railroad Safety Appliance Standards, (49 CFR 231.14) and Sections 2
and 4 of the Safety Appliance Act (45 U.S.C. Sections 2 and 4), which
requires that each passenger car must be equipped with side handholds,
end handholds and uncoupling levers. The passenger cars have side
handholds at the doors for the assistance of passengers, but there are
no side handholds or end handholds which the rules contemplate for use
in switching operations or coupling and uncoupling. RTOA states that
the cars in the TALGO train constitute a single unit, in that the cars
will not be uncoupled from one another, except at specified maintenance
facilities. The individual cars are joined by swivel type traction bars
which will not uncouple in normal operations and because of this
configuration there is no need for uncoupling levers. Standard AAR Type
E couplers will be installed at the ends of the front and rear service
cars.
According to RTOA and Amtrak West Business Unit, the TALGO train
will be moved directly from Baltimore to Oakland, California. RTOA and
Amtrak West are cooperating in evaluating existing and potential
emerging rail corridors. Amtrak suggested the following tentative list
of city pairs for both revenue service and demonstration runs for the
TALGO train:
Oakland, California to Reno, Nevada (non-revenue)
Oakland to Bakersfield, California (revenue)
Altamount Pass (non-revenue)
Los Angeles, California to Las Vegas, Nevada (revenue special)
Los Angeles/San Diego, California to Santa Barbara, California
(revenue)
Los Angeles to San Francisco, California (revenue)
RTOA says that after the revenue and demonstration runs are
completed, it is their intention to have this second TALGO train
operate in the Pacific Northwest. If TALGO is the successful bidder to
provide two trainsets to the State of Washington, the two trainsets
would be leased to WSDOT for an interim period which would terminate
upon delivery of the two trainsets manufactured to WSDOT specification.
Interested parties are invited to participate in this proceeding 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 SA-94-1)
and must be submitted in triplicate to the Docket Clerk, Office of
Chief Counsel, Federal Railroad Administration, Nassif Building, 400
Seventh Street, S.W., Washington, D.C. 20590. Communications received
within 30 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.--5 p.m.) in Room
8201, Nassif Building, 400 Seventh Street, S.W., Washington, D.C.
20590.
Issued in Washington, D.C. on January 22, 1995.
Phil Olekszyk,
Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 96-1313 Filed 1-25-96;8:45am]
BILLING CODE 4910-06-M
