[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22848]


[[Page Unknown]]

[Federal Register: September 14, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

 

Petition for Waivers of Compliance

    In accordance with 49 CFR Secs. 211.9, 211.41 and 211.45, notice is 
hereby given that the Federal Railroad Administration (FRA) has 
received a request for a waiver of compliance with certain requirements 
of the Federal safety laws and regulations. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested and the 
petitioner's arguments in favor of relief.

Southern California Regional Rail Authority (SCAX); National Passenger 
Railroad Corporation (Amtrak); Southern Pacific Transportation Company 
(SPT); SPCSL Corporation (SPCSL); Renfe Talgo of America, Incorporated 
(RTAX)

[Docket Numbers RSGM-94-2 and SA-94-1]

    RTAX was granted conditional waivers of compliance for the Talgo 
trainset on March 25, 1994. The trainset is comprised of 12 Talgo 
Pendular cars which include 1 head-end power car which will not carry 
passengers, 8 passenger coach cars, 1 cafeteria car, 1 dining car and 1 
rear-end service car which will not carry passengers. The Talgo train 
has a total weight of approximately 400,000 pounds. With a locomotive, 
the total length of the train is approximately 575 feet.
    Docket Number RSGM-94-2 granted a conditional waiver from the 
Railroad Glazing Standards, (49 CFR 223.15(b)), which requires that all 
side facing glazing on passenger cars must meet the FRA Type II testing 
criteria. RTAX provided the specifications for the side facing glazing 
of the Talgo train, which may in fact meet the FRA requirements for FRA 
Type II, but it has not been subjected to the test specified in the 
regulation. The International Union of Railways (UIC) requires the use 
of tempered or safety glass in side windows on European passenger 
trains. Safety glass is defined as glass that when broken, breaks into 
small pieces that do not have sharp edges, and this performance 
requirement is similar to that of automobile safety glazing. The UIC 
has no specific strength requirements for passenger car windows. The 
windows in the sides of the Talgo cars are double glazed with tempered 
safety glass and are in compliance with safety requirements imposed by 
the UIC. Each layer is 6 mm. (.24 inches) thick with an air space in 
between the two layers. RTAX did submit the test criteria that was used 
for the glazing material in the side windows. TECHNICAL SPECIFICATION 
ET-139 defines the basic characteristics of quality control for the 
security templates for Talgo railroad cars. The mechanical 
characteristics section of ET-139 provides the criteria for impact 
testing of the glazing template using a 500 gram steel ball.
    Docket Number SA-94-1 granted a waiver from compliance of the 
Railroad Safety Appliance Standards, (49 CFR 231.14) and Sections 2 and 
4 of the Safety Appliance Act (45 U.S.C. Sections 2 and 4), which 
requires that each passenger car must be equipped with side handholds, 
end handholds and uncoupling levers. The passenger cars have side 
handholds at the doors for the assistance of passengers, but there are 
no side handholds or end handholds which the rules contemplate for use 
in switching operations or coupling and uncoupling. The 12 cars in the 
Talgo train constitute a single unit, in that the cars will not be 
uncoupled from one another, except at specified maintenance facilities. 
The individual cars are joined by swivel type traction couplers which 
will not uncouple in normal operations and because of this 
configuration there is no need for uncoupling levers. Standard AAR Type 
E couplers will be installed at the ends of the front and rear service 
cars.
    The waivers permitted the operation of the Talgo train to be 
operated (1) In non-revenue demonstration runs and (2) in revenue 
service as part of a regularly scheduled service operated by National 
Railroad Passenger Corporation (Amtrak) in the Pacific Northwest High 
Speed Rail Corridor between Seattle, Washington, and Portland, Oregon. 
The waiver also permitted the return of the Talgo train to the Port of 
Baltimore for disassembly and return to Spain after the revenue service 
contract expired in September, 1994.
    SCAX petitioned the FRA on August 25, 1994, to amend and expand the 
RTAX waivers. SCAX proposes to sponsor three revenue service runs 
tentatively planned for October 4, 5 and 6. The train is scheduled to 
run between Los Angeles--Lancaster, Los Angeles--San Diego, and Los 
Angeles--San Bernardino, California. The SPT will move the Talgo train 
to Los Angeles, where it will be operated by Amtrak, on SCAX's 
Metrolink system. After completion of the revenue runs, SPT will move 
the TALGO train to Oakland, California, and turn it over to Amtrak.
    Amtrak petitioned the FRA on August 24, 1994, to modify the 
existing waiver and permit the movement of the Talgo train over any 
trackage in the United States for display and demonstration purposes. 
This request is made on behalf of RTAX, who decided to take this 
equipment on a national tour before returning it to Spain. According to 
the RTAX representative, the States of Illinois, Ohio, Wisconsin and 
Maine have expressed interest in display and publicity runs of the 
Talgo trainset. The exact dates and routing for the proposed display of 
the Talgo train are not known at this time. Once all obligations have 
been completed, the Talgo trainset will be routed to the Port of 
Baltimore for shipment back to Spain.
    SPT petitioned the FRA on August 26, 1994, for an extension of the 
current RTAX waiver to conduct non-revenue test runs for the purpose of 
experiencing the efficiency of the passive tilt system incorporated in 
the Talgo train. The train would be operated from Portland to Los 
Angeles, including Sacramento and Stockton, California, and over the 
SPT trackage rights over the Union Pacific Railroad Company between 
Niles and Tracy, California, during the approximate period of September 
30 through October 9, 1994 period, except for the proposed revenue 
service runs operated by Amtrak for SCAX over Metrolink. The non-
revenue moves would be restricted to SPT, Amtrak, RTAX and governmental 
officials.
    SPT on August 26, 1994, also petitioned, on behalf of the SPCSL, 
for an extension of the current waiver in order to permit the State of 
Illinois to conduct some non-revenue test runs for the purpose of 
experiencing the efficiency of the passive tilt system on the Talgo 
train. Amtrak, the Illinois Department of Transportation (IDOT) 
operator, would conduct the non-revenue runs on SPCSL's Chicago-St. 
Louis route. IDOT has arranged for the Talgo train to be tested for one 
or two days during the second week in October, based upon current 
equipment availability. These testing non-revenue moves would be 
restricted to SPCSL, Amtrak, RTAX and IDOT staff personnel.

Southern California Regional Rail Authority (SCAX); SPCSL Corporation 
(SPCSL)

Docket Number RST-94-2

    To accomplish the revenue demonstration runs described above in 
Southern California, SCAX petitioned the FRA on August 25, 1994 to 
temporarily waive 49 CFR 213.57(b), ``Curves; elevations and speed 
limitations,'' to allow operation at up to 6 inches of cant deficiency. 
SCAX requests the waiver in order to demonstrate the advantages of the 
Talgo tilt technology in negotiating curves at higher speeds. SCAX 
expects to power the trainset with an EMD F59PH or F40 locomotive owned 
by SCAX.
    SPT on behalf of the SPCSL petitioned the FRA on August 26, 1994 to 
temporarily waive 49 CFR 213.57(b) to allow operation at 5\1/2\ inches 
of cant deficiency between milepost 224 and milepost 237 on the route 
between St. Louis, Missouri and Chicago, Illinois to conduct testing 
and non-revenue demonstration runs. SPT states that this waiver would 
allow 76 mph speeds on 2 degree curves that are presently restricted to 
60 mph due to superelevation set at 2\1/2\ inches.
    The Talgo trainset was tested at up to 8 inches of cant deficiency 
in Amtrak's Northeast Corridor (New England Coast Route) during 1988.
    The track safety standards in 49 CFR 213.57(b) prescribe a speed 
limit, not distinguishing between freight and passenger rolling stock, 
at which trains may operate over curved track as a function of curve 
radius (curvature) and installed superelevation.
    In the general case, for any combination of curvature and 
superelevation, there is a specific (``balanced'') speed at which the 
effect of centrifugal force is canceled, resulting in passenger 
insensitivity to actual curve negotiation. This is an ideal outcome for 
passenger trains that usually operate considerably faster than freight 
trains and consequently would demand greater superelevation to produce 
the balanced effect. The track standards permit the operation of trains 
on curves at speeds producing a conservative underbalance (``cant 
deficiency'') in line with historic industry practice. (A more detailed 
discussion of cant deficiency can be found in 52 FR 38035, October 13, 
1987).
    Interested parties are invited to participate in this proceeding by 
submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with this proceeding 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-94-1) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street, S.W., Washington, D.C. 20590. Communications received 
before September 29, 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, 
S.W., Washington, D.C. 20590.

    Issued in Washington, D.C. on September 9, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 94-22848 Filed 9-13-94; 8:45 am]
BILLING CODE 4910-06-P