[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24057]
[[Page Unknown]]
[Federal Register: September 29, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with 49 CFR 211.9 and 211.41, 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 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.
Herzog Contracting Corporation (Herzog)
Docket Number RSGM-94-15
Herzog seeks a permanent waiver of compliance with certain
provisions of the Railroad Safety Glazing Standards (49 CFR Part 223)
for its Rail King Model SS 4400 railcar movers leased to various
railroads. Herzog Railroad Division offers numerous types of equipment
for lease to railroads either with or without operators and
maintenance. Herzog has leased mobile railcar movers to railroads for
use in track maintenance projects for 17 years without safety related
incident.
The Rail King Model SS 4400 is defined as a locomotive and must
comply with Sec. 223.11(a), which requires Type 1 test certified
glazing in the frontward and rearward facing windows, and Type II test
certified glazing in the side facing windows. The Rail King SS 4400
glazing material is made to specification AS1 Safety Laminated. Herzog
was granted a waiver, RSGM-88-29, to operate Tracmobile car movers
without certified glazing. The glazing material in Tracmobile car
movers is either laminated and/or tempered.
Herzog is requesting this waiver for the following reasons:
1. Machines are used only for Maintenance of Way projects.
2. They do not handle revenue freight or passenger.
3. Speed is less than 20 mph.
4. They handle approximately 10 cars.
5. FRA glazing is very expensive and delivery time is approximately
4 months.
6. The cabs are not constructed to accommodate the extra weight.
7. The existing waiver, RSGM-88-29, has been in use for
approximately 5 years without any glass related incidents.
Interested parties are invited to participate in these proceedings
by submitting written reviews, 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-94-
15) and must be submitted in triplicate to the Docket Clerk, Office of
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W.,
Washington, D.C. 20590. Communications received before November 2, 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 (9:00 a.m.-5:00 p.m.) in Room
8201, Nassif Building, 400 Seventh Street S.W., Washington, D.C. 20590.
Issued in Washington, D.C. on September 23, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 94-24057 Filed 9-28-94; 8:45 am]
BILLING CODE 4910-06-P
