[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12736]


[[Page Unknown]]

[Federal Register: May 25, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
 

Petition for Waivers of Compliance

    In accordance with 49 CFR 211.9 and 211.41, notice is hereby given 
that the Federal Railroad Administration (FRA) has received from Texas 
Parks and Wildlife Department of request for waivers 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.

Texas Parks and Wildlife Department (TPWX), Docket Number SA-92-4

    The TPWX on behalf of the Texas State Railroad (TSR) seeks a waiver 
of compliance from certain Sections of 49 CFR part 231, Railroad Safety 
Appliance Standards. The TSR is requesting a permanent waiver of the 
provisions of 49 CFR 231.29 ``Road Locomotives with corner stairways'' 
which requires that road locomotives with corner stairways must be 
equipped with (a) uncoupling levers that can be operated safely from 
the bottom stairway opening step as well as from the ground level, and 
(b) the vertical handholds and horizontal and handholds as prescribed 
in 231.30(e) and (g). The TSR is also requesting a waiver of 49 CFR 
231.30 ``Locomotives used in switching service'' which requires that 
each locomotive used in switching service be equipped with four side 
switching steps, each of which has a minimum width of 24 inches and a 
minimum depth of 12 inches for locomotives built after March 31, 1977, 
and for locomotives built prior to April 1, 1977, a minimum width of 18 
inches and the minimum depth of 8 inches.
    The locomotive TSRR number 1 for which this waiver is requested is 
a 45-ton center cab, industrial switcher type locomotive. This type of 
locomotive has a side switching step and ladder configuration located 
at each of the four corners which are narrower and of less depth than 
those required by the Safety Appliance Standards. The railroad states 
that the construction of this locomotive does not permit it to be 
retrofitted with side switching steps different than it currently 
possesses.
    Locomotive TSRR number 1 is used primarily in shop areas to move 
dead locomotives and cars in the work area. Occasionally when the road 
locomotives are out of service, it is used on a light work train. The 
switchman will mount or dismount the locomotive only when it is 
stopped.
    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 SA-92-4 
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 28, 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 19, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 94-12736 Filed 5-24-94; 8:45 am]
BILLING CODE 4910-06-M