94-22848. Petition for Waivers of Compliance  

  • [Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-22848]
    
    
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    [Federal Register: September 14, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    Federal Railroad Administration
    
     
    
    Petition for Waivers of Compliance
    
        In accordance with 49 CFR Secs. 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.
    
    Southern California Regional Rail Authority (SCAX); National Passenger 
    Railroad Corporation (Amtrak); Southern Pacific Transportation Company 
    (SPT); SPCSL Corporation (SPCSL); Renfe Talgo of America, Incorporated 
    (RTAX)
    
    [Docket Numbers RSGM-94-2 and SA-94-1]
    
        RTAX was granted conditional waivers of compliance for the Talgo 
    trainset on March 25, 1994. The trainset is comprised of 12 Talgo 
    Pendular cars which include 1 head-end power car which will not carry 
    passengers, 8 passenger coach cars, 1 cafeteria car, 1 dining car and 1 
    rear-end service car which will not carry passengers. The Talgo train 
    has a total weight of approximately 400,000 pounds. With a locomotive, 
    the total length of the train is approximately 575 feet.
        Docket Number RSGM-94-2 granted a conditional waiver from 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. RTAX provided the specifications for the side facing glazing 
    of the Talgo train, which 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 International Union of Railways (UIC) requires the use 
    of tempered or safety glass in side windows on European passenger 
    trains. Safety glass is defined as glass that when broken, breaks into 
    small pieces that do not have sharp edges, and this performance 
    requirement is similar to that of automobile safety glazing. The UIC 
    has no specific strength requirements for passenger car windows. The 
    windows in the sides of the Talgo cars are double glazed with tempered 
    safety glass and are in compliance with safety requirements imposed by 
    the UIC. Each layer is 6 mm. (.24 inches) thick with an air space in 
    between the two layers. RTAX did submit the test criteria that was used 
    for the glazing material in the side windows. TECHNICAL SPECIFICATION 
    ET-139 defines the basic characteristics of quality control for the 
    security templates for Talgo railroad cars. The mechanical 
    characteristics section of ET-139 provides the criteria for impact 
    testing of the glazing template using a 500 gram steel ball.
        Docket Number SA-94-1 granted a 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. 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.
        The waivers permitted the operation of the Talgo train to be 
    operated (1) In non-revenue demonstration runs and (2) in revenue 
    service as part of a regularly scheduled service operated by National 
    Railroad Passenger Corporation (Amtrak) in the Pacific Northwest High 
    Speed Rail Corridor between Seattle, Washington, and Portland, Oregon. 
    The waiver also permitted the return of the Talgo train to the Port of 
    Baltimore for disassembly and return to Spain after the revenue service 
    contract expired in September, 1994.
        SCAX petitioned the FRA on August 25, 1994, to amend and expand the 
    RTAX waivers. SCAX proposes to sponsor three revenue service runs 
    tentatively planned for October 4, 5 and 6. The train is scheduled to 
    run between Los Angeles--Lancaster, Los Angeles--San Diego, and Los 
    Angeles--San Bernardino, California. The SPT will move the Talgo train 
    to Los Angeles, where it will be operated by Amtrak, on SCAX's 
    Metrolink system. After completion of the revenue runs, SPT will move 
    the TALGO train to Oakland, California, and turn it over to Amtrak.
        Amtrak petitioned the FRA on August 24, 1994, to modify the 
    existing waiver and permit the movement of the Talgo train over any 
    trackage in the United States for display and demonstration purposes. 
    This request is made on behalf of RTAX, who decided to take this 
    equipment on a national tour before returning it to Spain. According to 
    the RTAX representative, the States of Illinois, Ohio, Wisconsin and 
    Maine have expressed interest in display and publicity runs of the 
    Talgo trainset. The exact dates and routing for the proposed display of 
    the Talgo train are not known at this time. Once all obligations have 
    been completed, the Talgo trainset will be routed to the Port of 
    Baltimore for shipment back to Spain.
        SPT petitioned the FRA on August 26, 1994, for an extension of the 
    current RTAX waiver to conduct non-revenue test runs for the purpose of 
    experiencing the efficiency of the passive tilt system incorporated in 
    the Talgo train. The train would be operated from Portland to Los 
    Angeles, including Sacramento and Stockton, California, and over the 
    SPT trackage rights over the Union Pacific Railroad Company between 
    Niles and Tracy, California, during the approximate period of September 
    30 through October 9, 1994 period, except for the proposed revenue 
    service runs operated by Amtrak for SCAX over Metrolink. The non-
    revenue moves would be restricted to SPT, Amtrak, RTAX and governmental 
    officials.
        SPT on August 26, 1994, also petitioned, on behalf of the SPCSL, 
    for an extension of the current waiver in order to permit the State of 
    Illinois to conduct some non-revenue test runs for the purpose of 
    experiencing the efficiency of the passive tilt system on the Talgo 
    train. Amtrak, the Illinois Department of Transportation (IDOT) 
    operator, would conduct the non-revenue runs on SPCSL's Chicago-St. 
    Louis route. IDOT has arranged for the Talgo train to be tested for one 
    or two days during the second week in October, based upon current 
    equipment availability. These testing non-revenue moves would be 
    restricted to SPCSL, Amtrak, RTAX and IDOT staff personnel.
    
    Southern California Regional Rail Authority (SCAX); SPCSL Corporation 
    (SPCSL)
    
    Docket Number RST-94-2
    
        To accomplish the revenue demonstration runs described above in 
    Southern California, SCAX petitioned the FRA on August 25, 1994 to 
    temporarily waive 49 CFR 213.57(b), ``Curves; elevations and speed 
    limitations,'' to allow operation at up to 6 inches of cant deficiency. 
    SCAX requests the waiver in order to demonstrate the advantages of the 
    Talgo tilt technology in negotiating curves at higher speeds. SCAX 
    expects to power the trainset with an EMD F59PH or F40 locomotive owned 
    by SCAX.
        SPT on behalf of the SPCSL petitioned the FRA on August 26, 1994 to 
    temporarily waive 49 CFR 213.57(b) to allow operation at 5\1/2\ inches 
    of cant deficiency between milepost 224 and milepost 237 on the route 
    between St. Louis, Missouri and Chicago, Illinois to conduct testing 
    and non-revenue demonstration runs. SPT states that this waiver would 
    allow 76 mph speeds on 2 degree curves that are presently restricted to 
    60 mph due to superelevation set at 2\1/2\ inches.
        The Talgo trainset was tested at up to 8 inches of cant deficiency 
    in Amtrak's Northeast Corridor (New England Coast Route) during 1988.
        The track safety standards in 49 CFR 213.57(b) prescribe a speed 
    limit, not distinguishing between freight and passenger rolling stock, 
    at which trains may operate over curved track as a function of curve 
    radius (curvature) and installed superelevation.
        In the general case, for any combination of curvature and 
    superelevation, there is a specific (``balanced'') speed at which the 
    effect of centrifugal force is canceled, resulting in passenger 
    insensitivity to actual curve negotiation. This is an ideal outcome for 
    passenger trains that usually operate considerably faster than freight 
    trains and consequently would demand greater superelevation to produce 
    the balanced effect. The track standards permit the operation of trains 
    on curves at speeds producing a conservative underbalance (``cant 
    deficiency'') in line with historic industry practice. (A more detailed 
    discussion of cant deficiency can be found in 52 FR 38035, October 13, 
    1987).
        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 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 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, S.W., Washington, D.C. 20590. Communications received 
    before September 29, 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, 
    S.W., Washington, D.C. 20590.
    
        Issued in Washington, D.C. on September 9, 1994.
    Phil Olekszyk,
    Acting Deputy Associate Administrator for Safety Compliance and Program 
    Implementation.
    [FR Doc. 94-22848 Filed 9-13-94; 8:45 am]
    BILLING CODE 4910-06-P
    
    
    

Document Information

Published:
09/14/1994
Department:
Federal Railroad Administration
Entry Type:
Uncategorized Document
Document Number:
94-22848
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 14, 1994