[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11412]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

 

Petition for Waivers of Compliance

    In accordance with title 49 CFR Secs. 211.9 and 211.41, notice is 
hereby given that the Federal Railroad Administration (FRA) has 
received a request for 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 petitioner's arguments in favor of relief.

Canadian National Railway Company (CN)

    Since the turn of the century, CN and its predecessor has operated 
trains over its Sprague Subdivision between Winnipeg, Manitoba and 
Thunder Bay, Ontario, a distance of 433 miles. Approximately 44 miles 
of this trackage traverses the State of Minnesota between International 
Boundary and Rainy River. A minimum of 12 CN trains per day operate 
between Winnipeg and Thunder Bay over this line with mainly traffic 
originating and terminating in Canada. CN has always considered this 
bridge traffic to be a Canadian operation and has operated all such 
trains in compliance with all Canadian regulations. Certain regulations 
of the FRA differ from Canadian regulations. Canadian locomotives and 
cars which are to be interchanged in the United States are built or 
modified to be in compliance with FRA standards and are designated for 
``International Service''. In addition to the above ``bridge trains'', 
a minimum of six daily ``International Service'' trains are operated on 
the Sprague Subdivision between Winnipeg and Duluth, Minnesota. The 
waivers are requested for the ``bridge trains'' only. Following are the 
individual petitions involved.

FRA Docket Number RSGM-93-30

    Canadian requirements for locomotive and caboose glazing are 
similar to those of the FRA except Canada does not mandate retrofit of 
equipment built prior to November 19, 1982, whereas FRA requires that 
basically all equipment be retrofitted. The area of operation is remote 
and there have been no incidents or injuries related to glazing. 
Locomotives and cabooses designated for International Service do meet 
FRA requirements. CN seeks a waiver for ``bridge trains'' on the 
Sprague Subdivision from the requirements of Secs. 223.11(c) and 
223.13(c) that locomotives and cabooses be equipped with FRA certified 
glazing by June 30, 1984.

FRA Docket Number RSRM-93-1

    Canadian rules for rear end markers allow retroreflective markers 
as opposed to the highly visible marker light required by 49 CFR part 
221. CN has approximately 720 rear end-of-train telemetry devices with 
the reflective material and 113 with FRA flashing red markers. The 
latter are designated for International Service. CN estimates that at 
least 100 additional devices with lights would be required on the 
Sprague Subdivision at an overall cost of $1,800 each. CN states that 
all trains operated on the Sprague Subdivision are governed by 
centralized traffic control (CTC) and train separation is ensured by 
two separate mechanisms. A Rail Traffic Controller supervises the 
movement of all trains, controlling signals at junctions, sidings, etc. 
An automatic intermediate signal system is actuated automatically by 
the train within a particular block. In the 15 years of operation with 
CTC on this subdivision, no rear end collision has occurred. CN seeks a 
waiver of compliance from the requirements part 221 for all ``bridge 
trains'' on the Sprague Subdivision.

FRA Docket Number LI-93-16

    Title 49 CFR Sec. 229.123 requires that ``each lead locomotive be 
equipped with an end plate that extends across both rails, a pilot, or 
a snowplow.'' Presently, 95 percent of CN's locomotives meet this 
requirement. To equip the remaining 50 locomotives would cost 
approximately $1,000 each. Only rarely would one of these locomotives 
be in the lead on a train on the Sprague Subdivision. There has never 
been an accident or injury attributable to these locomotives on this 
subdivision. CN seeks a waiver of compliance from the provisions of 49 
CFR 229.123 for all ``bridge trains'' on the Sprague Subdivision.
    CN tests and inspects its locomotives at least once every 3 months 
as required by Canadian Transport Board Order O-21 and the results are 
documented on a form, one copy of which is displayed in the cab of the 
locomotive. FRA has similar inspection, test and documentation 
requirements each 92 days. FRA also requires that each locomotive be 
inspected at least once during each calendar day and that the record of 
the inspection be maintained. Canadian daily inspection requirements 
differ in that only the lead locomotive safety control devices are 
certified as operating. In addition, engineers are required to report 
and record locomotive defects found enroute. CN feels all safety 
requirements are satisfied by their system. CN seeks a waiver of 
compliance with 49 CFR Sec. 229.23 and Sec. 229.21 for all ``bridge 
trains'' on the Sprague Subdivision.

FRA Docket Number SA-93-10

    Road locomotives with corner stairways operated in the United 
States must be equipped with an uncoupling lever that is operable from 
both the ground and the bottom stairway opening. Many through train 
locomotives operating over the Sprague Subdivision do not comply with 
this requirement and uncoupling cannot be achieved from the side steps. 
CN has 131 locomotives which cannot be operated from the side steps and 
it would cost approximately $500 per locomotive to bring them into 
compliance. CN seeks a waiver of compliance with 49 CFR 231.29 on all 
``bridge trains'' on the Sprague Subdivision.
    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-
30, etc. 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 June 10, 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 6, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 94-11412 Filed 5-10-94; 8:45 am]
BILLING CODE 4910-06-P