[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12738]
[[Page Unknown]]
[Federal Register: May 25, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petitions for Waivers of Compliance
In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby
given that the Federal Railroad Administration (FRA) has received
requests for waivers of compliance with certain requirements of the
Federal safety laws and regulations. The individual petitions are
described below, including the parties seeking relief, the regulatory
provisions involved, the nature of the relief being requested and the
petitioner's arguments in favor of relief.
Burlington Northern Railroad (BN), Waiver Petition Docket Number LI-94-
2
The BN seeks a waiver of compliance from certain Sections of 49 CFR
part 229, Locomotive Safety Standards, for locomotives used in
switching service in Memphis, Tennessee.
The BN is seeking a waiver of compliance with 49 CFR 229.123 of the
Locomotive Safety Standards--Pilots, snowplows, end plates--for
locomotives used in the Tennessee Yard Terminal, Memphis. The BN is
requesting that it be permitted to increase the height of the
locomotive pilot above the top of the rail from the maximum allowable 6
inches to 9 inches. The BN states that with the pilots at the maximum
height of 6 inches above the top of rail, both the pilot and the
retarder equipment are being damaged when the locomotives go through
the hump yard. This waiver would only apply to locomotives used
exclusively for hump service in the Tennessee Yard Terminal.
Union Pacific Railroad Company (UP), Waiver Petition Docket Number LI-
94-4
The UP is seeking a waiver of compliance from certain Sections of
49 CFR part 229, Locomotive Safety Standards, for locomotives used in
switching service in all of its hump yards.
The UP is seeking a waiver of compliance with Sec. 229.123 of the
Locomotive Safety Standards--Pilots, snowplows, end plates--for
locomotives used in switch service in the hump yards located at Hinkle,
Oregon, North Platte, Nebraska, North Little Rock, Arkansas, Ft. Worth,
Texas, Pocatello, Idaho, and Los Angeles, California.
The UP and the Missouri Pacific Railroad Company (MP) collectively
own or lease 100 percent of the affected locomotives used in the hump
yards. The UP is requesting that it be permitted to increase the height
of the locomotive pilot above the top of the rail from the maximum
permissible 6 inches to 8\3/4\ inches in order to achieve sufficient
clearance and avoid damage to the locomotives and retarders. With the
pilots at the maximum permissible height of 6 inches above the top of
rail, the pilot and the retarder equipment are being damaged when the
locomotives go through the hump yard. This waiver would only apply to
locomotives used exclusively in switching service in the hump yards.
Further, the UP states that safety of its operations in hump yards will
not be adversely affected. All affected locomotives will be brought
back to the maximum permissible clearance of 6 inches before used in
any other service.
Northeast Illinois Railroad Corporation (Metra), Waiver Petition Docket
Number LI-93-15
Metra is seeking a waiver of compliance with 49 CFR 229.133
Locomotive Conspicuity, Minimum Standards for Auxiliary External Lights
(ditch lights), for passenger equipment used in the Chicago
metropolitan area.
Metra owns the former Rock Island, Milwaukee Road and Illinois
Central Commuter service and oversees, through the purchase of service
agreements, the Chicago and North Western, Norfolk Southern (Southwest
Service) and Burlington Northern Computer Service. Metra has a fleet of
134 passenger locomotives, 7 switcher locomotives, 165 electric
multiple unit locomotives (M.U. locomotives) and 161 non-M.U. control
cab locomotives (cab car) which fall under the jurisdiction of 49 CFR
229.133. Metra has developed schedules and placed material purchase
orders to install ditch lights on its passenger equipment.
Metra is seeking a waiver from the interim rule requirement for the
minimum height of the ditch lights on 165 MU locomotives, which are
currently being rebuilt. Section 229.133(b)(1) requires that two ditch
lights shall be placed at the front of the locomotive, not less than 36
inches nor more than 84 inches above top of rail. Metra says that the
ditch lights will be installed at a height of 25 inches above top of
the rail, which is below the FRA minimum of 36 inches. Further, at this
height the lights have proven to be very conspicuous. Metra states that
a higher location on these MU locomotives would present an unnecessary
financial burden that would not measurably enhance or improve the
conspicuity of the ditch lights. The burden would be attributable to
extensive carbody and control cab modifications necessary to adapt the
car body structure for the mounting of recessed ditch lights at the 36
inch minimum height. Further, Metra states that one route is
parallelled on both sides by public streets, and separated by concrete
barriers. If the height of the ditch lights was raised above 25 inches
above top of rail, the lights would be directed into the line of sight
of vehicles traveling next to the track and could contribute to motor
vehicle accidents.
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-94-2)
and must be submitted in triplicate to the Docket Clerk, Office of
Chief Counsel, Federal Railroad Administration, Nassif Building, 400
Seventh Street SW., Washington, D.C. 20590. Communications received
before June 28, 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 19, 1994.
Phil Olekzsyk,
Acting Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 94-12738 Filed 5-24-94; 8:45 am]
BILLING CODE 4910-06-M
