[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11412]
[[Page Unknown]]
[Federal Register: May 11, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waivers of Compliance
In accordance with title 49 CFR Secs. 211.9 and 211.41, notice is
hereby given that the Federal Railroad Administration (FRA) has
received a request for 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 petitioner's arguments in favor of relief.
Canadian National Railway Company (CN)
Since the turn of the century, CN and its predecessor has operated
trains over its Sprague Subdivision between Winnipeg, Manitoba and
Thunder Bay, Ontario, a distance of 433 miles. Approximately 44 miles
of this trackage traverses the State of Minnesota between International
Boundary and Rainy River. A minimum of 12 CN trains per day operate
between Winnipeg and Thunder Bay over this line with mainly traffic
originating and terminating in Canada. CN has always considered this
bridge traffic to be a Canadian operation and has operated all such
trains in compliance with all Canadian regulations. Certain regulations
of the FRA differ from Canadian regulations. Canadian locomotives and
cars which are to be interchanged in the United States are built or
modified to be in compliance with FRA standards and are designated for
``International Service''. In addition to the above ``bridge trains'',
a minimum of six daily ``International Service'' trains are operated on
the Sprague Subdivision between Winnipeg and Duluth, Minnesota. The
waivers are requested for the ``bridge trains'' only. Following are the
individual petitions involved.
FRA Docket Number RSGM-93-30
Canadian requirements for locomotive and caboose glazing are
similar to those of the FRA except Canada does not mandate retrofit of
equipment built prior to November 19, 1982, whereas FRA requires that
basically all equipment be retrofitted. The area of operation is remote
and there have been no incidents or injuries related to glazing.
Locomotives and cabooses designated for International Service do meet
FRA requirements. CN seeks a waiver for ``bridge trains'' on the
Sprague Subdivision from the requirements of Secs. 223.11(c) and
223.13(c) that locomotives and cabooses be equipped with FRA certified
glazing by June 30, 1984.
FRA Docket Number RSRM-93-1
Canadian rules for rear end markers allow retroreflective markers
as opposed to the highly visible marker light required by 49 CFR part
221. CN has approximately 720 rear end-of-train telemetry devices with
the reflective material and 113 with FRA flashing red markers. The
latter are designated for International Service. CN estimates that at
least 100 additional devices with lights would be required on the
Sprague Subdivision at an overall cost of $1,800 each. CN states that
all trains operated on the Sprague Subdivision are governed by
centralized traffic control (CTC) and train separation is ensured by
two separate mechanisms. A Rail Traffic Controller supervises the
movement of all trains, controlling signals at junctions, sidings, etc.
An automatic intermediate signal system is actuated automatically by
the train within a particular block. In the 15 years of operation with
CTC on this subdivision, no rear end collision has occurred. CN seeks a
waiver of compliance from the requirements part 221 for all ``bridge
trains'' on the Sprague Subdivision.
FRA Docket Number LI-93-16
Title 49 CFR Sec. 229.123 requires that ``each lead locomotive be
equipped with an end plate that extends across both rails, a pilot, or
a snowplow.'' Presently, 95 percent of CN's locomotives meet this
requirement. To equip the remaining 50 locomotives would cost
approximately $1,000 each. Only rarely would one of these locomotives
be in the lead on a train on the Sprague Subdivision. There has never
been an accident or injury attributable to these locomotives on this
subdivision. CN seeks a waiver of compliance from the provisions of 49
CFR 229.123 for all ``bridge trains'' on the Sprague Subdivision.
CN tests and inspects its locomotives at least once every 3 months
as required by Canadian Transport Board Order O-21 and the results are
documented on a form, one copy of which is displayed in the cab of the
locomotive. FRA has similar inspection, test and documentation
requirements each 92 days. FRA also requires that each locomotive be
inspected at least once during each calendar day and that the record of
the inspection be maintained. Canadian daily inspection requirements
differ in that only the lead locomotive safety control devices are
certified as operating. In addition, engineers are required to report
and record locomotive defects found enroute. CN feels all safety
requirements are satisfied by their system. CN seeks a waiver of
compliance with 49 CFR Sec. 229.23 and Sec. 229.21 for all ``bridge
trains'' on the Sprague Subdivision.
FRA Docket Number SA-93-10
Road locomotives with corner stairways operated in the United
States must be equipped with an uncoupling lever that is operable from
both the ground and the bottom stairway opening. Many through train
locomotives operating over the Sprague Subdivision do not comply with
this requirement and uncoupling cannot be achieved from the side steps.
CN has 131 locomotives which cannot be operated from the side steps and
it would cost approximately $500 per locomotive to bring them into
compliance. CN seeks a waiver of compliance with 49 CFR 231.29 on all
``bridge trains'' on the Sprague Subdivision.
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 RSGM-93-
30, etc. and must be submitted in triplicate to the Docket Clerk,
Office of Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW.,
Washington, DC 20590. Communications received before June 10, 1994 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 May 6, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 94-11412 Filed 5-10-94; 8:45 am]
BILLING CODE 4910-06-P
