95-9944. Petition for Waivers of Compliance  

  • [Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
    [Notices]
    [Page 19984]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-9944]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Petition for Waivers of Compliance
    
        In accordance with 49 CFR 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 petition is 
    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
    
    Addendum to Docket Numbers RSGM-94-2 and SA-94-1
    
        The Washington State Department of Transportation (WDT) is the 
    lessee of the Renfe Talgo of America, Incorporated (RTOA) passenger 
    train currently in service in the Pacific Northwest High Speed Corridor 
    between Seattle, Washington and Portland, Oregon. The Talgo train is 
    operating under the Federal Railroad Administration (FRA) waivers 
    Docket Numbers RSGM-94-2 and SA-94-1. The waivers were conditionally 
    granted on March 25, 1994.
        RTOA requested the waivers of compliance with certain provisions of 
    the Railroad Safety Glazing Standards (49 CFR Part 223) under Docket 
    Number RSGM-94-2 and the Railroad Safety Appliance Standards (49 CFR 
    Part 231), under Docket Number SA-94-1 and the (see 59 FR 9016, 
    February 24, 1994).
        The RSGM-94-2 conditional waiver permits the operation of the Talgo 
    train in revenue service in the Pacific Northwest High Speed Rail 
    Corridor for the WDT operated by the National Railroad Passenger 
    Corporation (Amtrak). The waiver is 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. RTOA states that the side facing glazing of the TALGO train 
    may in fact meet the FRA requirements for FRA Type II, but it has 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.
        The SA-94-1 conditional 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 12 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 couplers 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.
        WDT has requested a change in the waiver in order to place the 
    Talgo train in temporary revenue service between Seattle and Vancouver, 
    British Columbia, Canada; and removing it from revenue service between 
    Seattle and Portland.
        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. 
    However, if an opportunity for oral presentation before representatives 
    of the FRA is requested before May 1, 1995, FRA will provide such 
    opportunity at a public hearing. If held, this public hearing will take 
    place in Seattle, Washington, on May 16, 1995. Information as to 
    whether a hearing will be held, and specific location, may be obtained 
    after May 1, 1995, by contacting the FRA Docket Clerk at 202-366-2257 
    or by writing the Docket Clerk at the Federal Railroad Administration, 
    Office of Chief Counsel, 400 Seventh Street, SW., Washington, DC 20590.
        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, SW., Washington, DC 20590. Communications received 
    before May 26, 1995, 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, SW., 
    Washington, DC 20590.
    
        Issued in Washington, DC, on April 17, 1995.
    Phil Olekszyk,
    Acting Deputy Associate Administrator for Safety Compliance and Program 
    Implementation.
    [FR Doc. 95-9944 Filed 4-20-95; 8:45 am]
    BILLING CODE 4910-06-P
    
    

Document Information

Published:
04/21/1995
Department:
Transportation Department
Entry Type:
Notice
Document Number:
95-9944
Pages:
19984-19984 (1 pages)
PDF File:
95-9944.pdf