[Federal Register Volume 62, Number 217 (Monday, November 10, 1997)]
[Notices]
[Pages 60555-60556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29615]
-----------------------------------------------------------------------
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.
Southeastern Pennsylvania Transportation Authority
[Waiver Petition Docket Number LI-97-5]
The Southeastern Pennsylvania Transportation Authority (SEPTA)
seeks a temporary waiver of compliance with certain provisions of the
Locomotive Safety Standards, 49 CFR part 229. SEPTA is seeking relief
for a period of one year, until December 31, 1998, from the
requirements of Section 229.125(d) which requires each lead locomotive
operating at speeds over 20 mph over one or more public highway-rail
crossings be equipped with operative auxiliary lights effective
December 31, 1997.
SEPTA operates a fleet of 304 electric MU passenger locomotives, 8
electric locomotives, and 5 diesel-electric locomotives. The railroad
states they have experienced numerous problems with contractors in
providing needed material to equip their MU locomotive fleet thus
resulting in significant delays in installation of the auxiliary
lights.
Union Pacific Railroad Company
[Waiver Petition Docket Number LI-97-6]
The Union Pacific Railroad Company (UP) seeks a temporary waiver of
compliance with certain provisions of the Locomotive Safety Standards,
49 CFR part 229. UP is seeking relief for a period of one year, until
December 31, 1998, from the requirements of Section
[[Page 60556]]
229.125(d) which requires each lead locomotive operating at speeds over
20 mph over one or more public highway-rail crossings be equipped with
operative auxiliary lights effective December 31, 1997.
UP indicates that they currently have 3060 locomotives equipped
with auxiliary lights which accounts for 49.4 percent of their
locomotive fleet. The railroad states they have experienced increased
business levels, and locomotives scheduled for retirement prior to the
rule taking effect will now be continued in service. The railroad plans
to continue to equip locomotives as they are shopped for reasons other
than periodic maintenance. Whenever possible, equipped locomotives will
be utilized as lead units.
Meridian & Bigbee Railroad Company
[Waiver Petition Docket Number PB-97-7]
The Meridian & Bigbee Railroad Company (MBRR) seeks a permanent
waiver of compliance from certain provisions of the Railroad Power
Brake and Drawbars regulations, 49 CFR Section 232.23, requiring the
use of two-way end-of-train telemetry devices.
MBRR operates one train at a time, seven days a week, between the
hours of 6 a.m. and 6 p.m., and one train at a time, four days a week,
Monday through Thursday, between the hours of 6 p.m. and 6 a.m. The day
train originates in Meridian, Mississippi, runs to Myrtlewood, Alabama,
then returns to Meridian. The night train originates in Meridian, runs
to Naheola, Alabama, then returns to Meridian. Both trains operate with
a three man crew and complete the scheduled round-trips within an
average of ten hours. The maximum track speed is 40 mph and the ruling
grade on the mainline is 0.92 percent. The average tonnage on eastbound
trains is 3,020 tons and westbound trains 3,454 tons, although these
figures many times go above 4,000 tons. MBRR would continue to use a
one-way end-of-train device on their trains.
MBRR states that the type of accidents which would require a two-
way device to apply brakes on the rear portion of the train has never
occurred and probably would never occur on their railroad. MBRR does
not feel safety would be compromised if two-way end-of-train devices
were not required on their trains, and that to reduce their track speed
to 30 mph would reduce timely service to their customers and connecting
railroads with no increase in safety.
White River Scenic Railroad, Incorporated
[Waiver Petition Docket Number RSGM-97-5]
The White River Scenic Railroad, Incorporated (WRR) seeks a
permanent waiver of compliance with the Safety Glazing Standards, 49
CFR part 223.11(c), which requires certified glazing in all locomotive
windows except locomotives used in yard service. WRR is seeking this
waiver for locomotive number WRR 2089, built in 1952 by the American
Locomotive Company for the United States Army Transportation Corps,
which was never equipped with FRA certified glazing. The locomotive
owner indicates that the locomotive is utilized in passenger excursion
service between Flippin and Sylamore, Arkansas, in a rural area along
the White River. The railroad's maximum authorized speed is 25 mph.
Burlington Northern Santa Fe Railway
[Waiver Petition Docket Numbers SA-97-5 and PB-97-8]
The Burlington Northern Santa Fe Railway (BNSF) seeks a waiver of
compliance from certain provisions of the Safety Appliance Standards,
49 CFR Section 231, for operating the Triple Crown RoadRailer trains
between Argentine Yard in Kansas City, Kansas, and the Saginaw Yard in
Saginaw, Texas.
The train consist will be restricted to 125 RoadRailers equipped
with a CouplerMate between the hauling locomotive and the first car in
the RoadRailer train.
The RoadRailer has no safety appliances and the waiver would permit
non-compliance with all the provisions of the Safety Appliance
Standards. These regulatory standards include provisions for the
number, location, and dimensional specification for the handholds,
ladders, sill steps, and hand brakes that are required for each
railroad freight car.
Burlington Northern Santa Fe Railway
[Waiver Petition Docket Numbers SA-97-6 and PB-97-11]
The Burlington Northern Santa Fe Railway (BNSF) seeks a waiver of
compliance from certain provisions of the Safety Appliance Standards,
49 CFR Section 231, for operating a Thrall built articulated multi-
level car and Wabash AllRailer and AutoRailer train between San Diego
and Richmond, California.
The train makeup would consist of the two units, Thrall built,
articulated multi-level car on the head end, followed by a CouplerMate
and three unit AllRailers, and then another CouplerMate and eleven
AutoRailers.
The RoadRailer has no safety appliances and the waiver would permit
non-compliance with all the provisions of the Safety Appliance
Standards. These regulatory standards include provisions for the
number, location, and dimensional specification for the handholds,
ladders, sill steps, and hand brakes that are required for each
railroad freight car.
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 LI-97-5)
and must be submitted in triplicate to the Docket Clerk, Office of
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., Mail
Stop 10, Washington, D.C. 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
(9:00 a.m.--5:00 p.m.) at FRA's temporary docket room located at 1120
Vermont Avenue, N.W., Room 7051, Washington, D.C. 20005.
Issued in Washington, D.C. on November 5, 1997.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 97-29615 Filed 11-7-97; 8:45 am]
BILLING CODE 4910-06-P
