[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: 94-12738]


[[Page Unknown]]

[Federal Register: May 25, 1994]


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

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

 

Petitions 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 
requests for waivers of compliance with certain requirements of the 
Federal safety laws and regulations. The individual petitions are 
described below, including the parties seeking relief, the regulatory 
provisions involved, the nature of the relief being requested and the 
petitioner's arguments in favor of relief.

Burlington Northern Railroad (BN), Waiver Petition Docket Number LI-94-
2

    The BN seeks a waiver of compliance from certain Sections of 49 CFR 
part 229, Locomotive Safety Standards, for locomotives used in 
switching service in Memphis, Tennessee.
    The BN is seeking a waiver of compliance with 49 CFR 229.123 of the 
Locomotive Safety Standards--Pilots, snowplows, end plates--for 
locomotives used in the Tennessee Yard Terminal, Memphis. The BN is 
requesting that it be permitted to increase the height of the 
locomotive pilot above the top of the rail from the maximum allowable 6 
inches to 9 inches. The BN states that with the pilots at the maximum 
height of 6 inches above the top of rail, both the pilot and the 
retarder equipment are being damaged when the locomotives go through 
the hump yard. This waiver would only apply to locomotives used 
exclusively for hump service in the Tennessee Yard Terminal.

Union Pacific Railroad Company (UP), Waiver Petition Docket Number LI-
94-4

    The UP is seeking a waiver of compliance from certain Sections of 
49 CFR part 229, Locomotive Safety Standards, for locomotives used in 
switching service in all of its hump yards.
    The UP is seeking a waiver of compliance with Sec. 229.123 of the 
Locomotive Safety Standards--Pilots, snowplows, end plates--for 
locomotives used in switch service in the hump yards located at Hinkle, 
Oregon, North Platte, Nebraska, North Little Rock, Arkansas, Ft. Worth, 
Texas, Pocatello, Idaho, and Los Angeles, California.
    The UP and the Missouri Pacific Railroad Company (MP) collectively 
own or lease 100 percent of the affected locomotives used in the hump 
yards. The UP is requesting that it be permitted to increase the height 
of the locomotive pilot above the top of the rail from the maximum 
permissible 6 inches to 8\3/4\ inches in order to achieve sufficient 
clearance and avoid damage to the locomotives and retarders. With the 
pilots at the maximum permissible height of 6 inches above the top of 
rail, the pilot and the retarder equipment are being damaged when the 
locomotives go through the hump yard. This waiver would only apply to 
locomotives used exclusively in switching service in the hump yards. 
Further, the UP states that safety of its operations in hump yards will 
not be adversely affected. All affected locomotives will be brought 
back to the maximum permissible clearance of 6 inches before used in 
any other service.

Northeast Illinois Railroad Corporation (Metra), Waiver Petition Docket 
Number LI-93-15

    Metra is seeking a waiver of compliance with 49 CFR 229.133 
Locomotive Conspicuity, Minimum Standards for Auxiliary External Lights 
(ditch lights), for passenger equipment used in the Chicago 
metropolitan area.
    Metra owns the former Rock Island, Milwaukee Road and Illinois 
Central Commuter service and oversees, through the purchase of service 
agreements, the Chicago and North Western, Norfolk Southern (Southwest 
Service) and Burlington Northern Computer Service. Metra has a fleet of 
134 passenger locomotives, 7 switcher locomotives, 165 electric 
multiple unit locomotives (M.U. locomotives) and 161 non-M.U. control 
cab locomotives (cab car) which fall under the jurisdiction of 49 CFR 
229.133. Metra has developed schedules and placed material purchase 
orders to install ditch lights on its passenger equipment.
    Metra is seeking a waiver from the interim rule requirement for the 
minimum height of the ditch lights on 165 MU locomotives, which are 
currently being rebuilt. Section 229.133(b)(1) requires that two ditch 
lights shall be placed at the front of the locomotive, not less than 36 
inches nor more than 84 inches above top of rail. Metra says that the 
ditch lights will be installed at a height of 25 inches above top of 
the rail, which is below the FRA minimum of 36 inches. Further, at this 
height the lights have proven to be very conspicuous. Metra states that 
a higher location on these MU locomotives would present an unnecessary 
financial burden that would not measurably enhance or improve the 
conspicuity of the ditch lights. The burden would be attributable to 
extensive carbody and control cab modifications necessary to adapt the 
car body structure for the mounting of recessed ditch lights at the 36 
inch minimum height. Further, Metra states that one route is 
parallelled on both sides by public streets, and separated by concrete 
barriers. If the height of the ditch lights was raised above 25 inches 
above top of rail, the lights would be directed into the line of sight 
of vehicles traveling next to the track and could contribute to motor 
vehicle accidents.
    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 LI-94-2) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street SW., Washington, D.C. 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 Olekzsyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 94-12738 Filed 5-24-94; 8:45 am]
BILLING CODE 4910-06-M