[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Notices]
[Pages 66343-66344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31921]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for a Waiver 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) has received from Trinity Industries,
[[Page 66344]]
Incorporated a request for a waiver of compliance with certain
requirements of the Federal safety laws and regulations. The petition
is described below, including the regulatory provisions involved, the
nature of the relief being requested and the petitioner's arguments in
favor of relief.
Trinity Industries, Incorporated
Docket Number: SA-96-5
Trinity Industries, Incorporated seeks a waiver of compliance from
certain sections of Title 49 CFR Part 231, Railroad Safety Appliance
Standards. Trinity is requesting a permanent waiver of the provisions
of 49 CFR 231.21(b)(2) and 231.21(j)(2)(vi) requiring that platforms be
of a minimum thickness of one and three-quarter inches. Trinity
requests that this requirement be waived and instead requirements
similar to those found at section 231.1(c)(4)(iii) be applied.
Section 231.1(c)(4)(iii) refers to running boards and requires that
they be made of wood or material which provides the same as or a
greater degree of safety than wood of 1\1/8\ inches thickness. When
made of material other than wood, the tread surface shall be of anti-
skid design and constructed with sufficient open space to permit the
elimination of snow and ice from the tread surface.
The requirements of 49 CFR 231.21 refers to Tank Cars Without
Underframes. Section 231.21(b) requires that there be two end platforms
with a minimum width of 10 inches and a minimum thickness of 1\3/4\
inches. Section 231.21(j) requires that there be one operating platform
with a minimum width of 7 inches and a minimum thickness of 1\3/4\
inches.
Trinity advised that the typical construction of platforms by them
and other manufacturers for tank cars without underframes is to
construct a frame of members 2 to 3 inches deep with cross support
members. A grating meeting the requirements of section 231.1
(c)(4)(iii) is secured to the cross supports with bolts or rivets not
less than \1/2\-inch diameter.
The interest in this change stems from the basic operations of
Trinity, which is manufacturing, leasing and repairing of railroad
cars. This waiver would permit them to use grating designs of the same
style and thickness on tank cars without underframes as used on other
types of railroad cars. Trinity claims the option to use a thinner
grating on platforms would allow greater flexibility in design and
construction but would still maintain or exceed the existing levels of
strength and safety.
Trinity contends that the platform thickness requirements for all
car types, except tank cars without underframes, can be met with a
component of any thickness so long as it provides the same degree of
safety as wood 1\1/8\-inch thickness. Running boards and end platforms
meeting this requirement have been used on other car types for many
years and have been considered to be safe. Trinity further states that
the basic use and function of running boards and platforms are
identical. That is, they afford a place for a person to walk, stand, or
cross over the car and in some instances may require a person to kneel
or sit in order to perform inspection of valves, etc.
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 No. SA-96-5)
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 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
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, N.W., Room 7051, Washington, D.C. 20005.
Issued in Washington, D.C. on December 10, 1996.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 96-31921 Filed 12-16-96; 8:45 am]
BILLING CODE 4910-06-P
