[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6277]


[[Page Unknown]]

[Federal Register: March 18, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

 

Petition 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 from 
The Atchison, Topeka and Santa Fe Railway Company a request for waiver 
of compliance with certain requirements of Federal 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.

The Atchison, Topeka and Santa Fe Railway Company (ATSF)

(FRA Waiver Petition Docket Number SA-93-8)

    The ATSF seeks a waiver of compliance from certain sections of 49 
CFR part 231, Railroad Safety Appliance Standards. ATSF is requesting a 
permanent waiver of the provisions of 49 CFR part 231 which requires 
that bolts attaching handholds and other safety appliances on freight 
equipment be ``riveted over''. Title 49 CFR 231.1 (h)(4) requires that 
side handholds be securely fastened with not less than \1/2\ inch bolts 
with nuts outside (when possible) and riveted over, or with not less 
than \1/2\ inch rivets. Several other sections in part 231 address the 
application of safety appliances (sill steps, ladder treads, etc.) 
which requires that they be securely fastened with not less than \1/2\ 
inch bolts with nuts outside (when possible) and riveted over, or with 
not less than \1/2\ inch rivets.
    ATSF states that there is an inconsistency in the manner in which 
bolts on freight cars and those on locomotives must be secured. The 
regulations pertaining to bolts securing handholds on locomotives 
contain no similar requirement. See 49 CFR 231.30.
    ATSF relates that they use state-of-the-art elastic stop nuts which 
are not riveted over but have locking effectiveness and application 
advantages superior to those of metal bolts that are ``riveted over''. 
ATSF states that because there appears to be no safety related 
justification to treat safety appliance standards differently, the 
requirement that bolts on freight cars be riveted over is superfluous.
    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 comments, 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-93-8 
and must be submitted in triplicate to the Docket Clerk, Chief Counsel, 
Federal Railroad Administration, Nassif Building, 400 Seventh Street 
SW., Washington, DC 20590. Communications received before April 18, 
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 March 14, 1994.
Phil Olekszyk
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 94-6277 Filed 3-17-94; 8:45 am]
BILLING CODE 4910-06-P