[Federal Register Volume 59, Number 7 (Tuesday, January 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-558]


[[Page Unknown]]

[Federal Register: January 11, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Petition for Exemption or 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 requests 
for exemptions from or waivers of compliance with a requirement of its 
safety standards. The individual petitions are described below, 
including the party seeking relief, the regulatory provisions involved, 
and the nature of the relief being requested.
    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-
16) 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 February 22, 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.
    The individual petitions seeking an exemption or waiver of 
compliance are as follows:

The Pecos Valley Southern Railway Company (PVS) Waiver Petition Docket 
Number RSGM-93-16

    The PVS seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for one 
locomotive. The railroad operates 34 miles of track between Pecos and 
Saragosa, Texas. This is a sparsely populated area and the railroad 
states there have been no incidents of vandalism. The locomotive, an 
SW900 switcher, had been rebuilt and FRA Types I and II glazing 
installed in all locations except the two front windows over the 
engine. These were covered with steel plates. The PVS needed the 
additional visibility provided by these two windows and has installed 
laminated safety glass in them. The waiver would apply to these two 
windows. The PVS has been operating two locomotives and one caboose 
under waiver RSGM-80-10.

The Dow Chemical Company (ZDCU) Waiver Petition Docket Number RSGM 93-
17

    The ZDCU seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for one 
locomotive. The locomotive is used primarily inside the Dow Chemical La 
Porte Site plant but must utilize 2600 feet of industrial main track 
owned by Southern Pacific Transportation Company to access another 
portion of their plant. The industrial track is surrounded by industry 
and has no road crossings. There has been no record of vandalism.

Santa Fe Southern Railway (SFS) Waiver Petition Docket Number RSGM-93-
22

    The SFS seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for one 
passenger car. The SFS operates freight service between Santa Fe and 
Lamy, New Mexico, a distance of approximately 18 miles. The car, which 
was built in 1914 and recently rebuilt, is used in excursion service on 
their tri-weekly mixed train and in occasional charter service. The 
mixed train operates at 10 mph through open country and sparsely 
settled suburbs.

East Portland Traction Company (EPTC) Waiver Petition Docket Number 
RSGM 93-23

    The EPTC seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for three 
locomotives. Operations are conducted on private right-of-way with very 
few grade crossings at Portland, Oregon. The three locomotives, which 
were built between 1948 and 1952, are shared with the EPTC's affiliate 
Molalla Western Railway.

Tulsa-Sapulpa Union Railway Company (TSU) Waiver Petition Docket Number 
RSGM 93-24

    The TSU seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for four 
locomotives. The TSU operates between Tulsa and Sapulpa, Oklahoma, a 
distance of approximately 10 miles. The railroad states there have been 
no incidents involving glazing.

Nobles Rock Railroad (NRRX) Waiver Petition Docket Number RSGM 93-25

    Rail Equipment and Transportation, Incorporated, on behalf of NRRX 
seeks a permanent waiver of compliance with certain provisions of the 
Safety Glazing Standards, 49 CFR part 223 for one locomotive. The NRRX 
operates 41.4 miles of track between Manly and Agate, Minnesota, and 
has trackage rights on 3.4 miles of Chicago and Northwestern 
Transportation Company track between Agate and Worthington, Minnesota. 
Maximum speed will be 10 mph with 1 or 2 daily trains.

Hartwell Railroad Company (HRT) Waiver Petition Docket Number RSGM 93-
27

    The HRT seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for one 
locomotive. The HRT operates 10 miles of track in rural Hart County, 
Georgia, at a maximum speed of 10 mph. An average of two or three 
trains are operated per week. The railroad states there is no problem 
with vandalism.

Beaufort and Morehead Railway, Incorporated (BMH) Waiver Petition 
Docket Number RSGM 93-28

    The BMH seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for one 
locomotive. The BMH operates five days per week in a confined area of 
approximately one mile at Morehead City, North Carolina.

Delaware-Lackawanna Railroad Company, Incorporated (DL) Waiver Petition 
Docket Number RSGM-93-29

    The DL seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards, 49 CFR part 223 for two 
locomotives. The railroad operates on 58 miles of track including 
trackage rights on the Delaware and Hudson Railroad and Consolidated 
Rail Corporation, all in the general vicinity of Scranton, 
Pennsylvania. The ALCO C-425 locomotives are equipped with FRA glazing 
in the front and rear windows on both sides. The waiver is requested 
for the side and center front windows. The previous operator, 
Lackawanna Valley Railroad Corporation, reported no incidents involving 
glazing.

    Issued in Washington, DC on January 5, 1994.
Phil Olekszyk,
Deputy Associate Administrator for Safety.
[FR Doc. 94-558 Filed 1-10-94; 8:45 am]
BILLING CODE 4910-06-P