[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19032]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

 

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 the 
Burlington Northern Railroad a request for waiver of compliance with 
certain requirements of the Federal rail safety 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.

Burlington Northern Railroad (BN)

(FRA Waiver Petition Docket Number SA-94-5)

    The BN seeks a waiver of compliance from certain sections of the 
Railroad Safety Appliance Standards (49 CFR Part 231). BN states that 
it will be building one trainset of its ``trough train'' equipment. 
This train will be composed of 22 13-section cars. The parking brakes 
on these cars are of conventional design, but their location is not 
standard. The unique size and design of one 13-section car does not 
allow the conventional application of a handbrake.
    BN requests a waiver from 49 CFR 231.1(a)(1), 231.1(a)(3)(i), and 
231.1(a)(3)(ii). Section 231.1(a)(1) requires that there be one 
efficient handbrake which shall operate in harmony with the power brake 
installed on the car.
    BN states that the 13-section trough train car has 14 truck 
assemblies; 2 single axle trucks and 12 two axle trucks. It is 
impossible to brake a minimum of half the total axles under the 13-
section car from one parking brake location. A much more positive brake 
is provided by the proposed system that has each parking brake holding 
2 two axle trucks. No active linkage cross any articulation under this 
system. The system uses a minimum of 4 parking brakes that brake 16 
axles out of the 24 axle total. The 13-section trough train car 
requires more than one parking brake per car to safely hold the car 
when stopped. There are many cars that operate successfully with more 
than one handbrake, such as heavy duty flat cars, articulated 
intermodal cars and stand alone intermodal cars connected into groups 
with drawbars.
    Section 231.1(a)(3)(i) requires that the handbrake be so located 
that it can be safely operated while the car is in motion. BN states 
that the long length of a trough train car (278 feet) necessitates 
multiple parking brakes to hold the car safely on grades and direct 
simple parking brake connections to the individual trucks and axles, 
requires that multiple parking brakes be applied along the length of 
the car. Four parking brakes per car is proposed. The location of the 
parking brakes does not lend itself to making provisions for the brake 
to be operated while the car is in motion. The design of the car will 
not allow the application of a standard handbrake to safely allow a man 
to ride the car while setting the brake. These cars are specifically 
designed for unit train operation and will be used in services where 
the train is loaded and unloaded in full trains or large blocks of 
cars, while coupled to and under the control of a locomotive. The 
parking brakes are designed to hold the car once stopped, on any 
practical grade for whatever reason. The safety of employees is 
enhanced by allowing them to apply the brake from the ground, without 
the need to climb onto the equipment.
    The BN has had a policy in effect for several years that prohibits 
anyone from mounting or dismounting any freight car, caboose, or 
locomotive while it is moving. The application of parking brakes on 
this type of car will only be done while the car is stopped. A waiver 
is requested that allows the operation of the parking brake only when 
the car is stopped.
    Section 231.1(a)(3)(ii) requires that the brake shaft be located on 
end of car, to the left of and not less than 17 nor more than 22 inches 
from center.
    BN states that due to the design of the car and the need to operate 
the parking brake from the ground, it is imperative that the brake 
wheel and mechanism be mounted in such a way as to make its operation 
as safe as possible. The brake wheel and mechanism has been mounted as 
low as the car design will allow (approximately 3-foot 10 inches from 
the top of the rail to the bottom of the wheel rim) and as close to the 
side of the car as possible (52 inches to the center of the brake shaft 
from the center of the car.) This location allows the brake to be 
easily operated from the ground while the car is stopped.
    The BN states the trough train provides the latest advancements in 
slackless technology, car geometry, aerodynamics and safety.
    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-94-5 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., 
Washington, D.C. 20590. Communications received before September 6, 
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 (9:00 a.m.-5:00 p.m.) in Room 
8201, Nassif Building, 400 Seventh Street, S.W., Washington, D.C. 
20590.

    Issued in Washington, D.C. on August 1, 1994.
Phil Olekszyk
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 94-19032 Filed 8-3-94; 8:45 am]
BILLING CODE 4910-06-P