[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23867]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Exemption or Waiver of Compliance
In accordance with 49 CFR 211.9 and 211.41, notice is hereby given
that the Federal Railroad Administration (FRA) has received requests
for exemptions from or waivers of compliance with a requirement of its
safety standards. The individual petitions are described below,
including the party seeking relief, the regulatory provisions involved,
and the nature of the relief being requested.
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-93-
13) 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, October 31,
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.
The individual petitions seeking an exemption or waiver of
compliance are as follows:
Northeast Illinois Railroad Corporation (Metra)
Waiver Petition Docket Number LI-93-13
Metra seeks a temporary waiver of compliance with certain
provisions of the Locomotive Safety Standards (49 CFR Part 229) for
Electric MU Locomotives and Non-MU Control Cab Locomotives. Metra is
seeking relief from the requirements of Section 229.135 that all trains
operating over 30 mph shall be equipped with an event recorder by May
5, 1995. Metra requests that the compliance date be extended to July 1,
1996.
The Locomotive Safety Standards were revised on July 8, 1993, to
require each lead locomotive of trains operating over 30 mph to be
equipped with an event recorder by May 5, 1995. The railroad states
that event recorders will be installed on existing equipment by
retrofit and by an outside rebuilding program. In addition, new cars to
be delivered will be equipped when built. The schedule for these
activities extend to July 1, 1996, making the May 5, 1995, compliance
date unattainable.
Southeastern Pennsylvania Transportation Authority (SEPTA)
Waiver Petition Docket Number LI-94-7
SEPTA seeks a permanent waiver of compliance with certain
provisions of the Locomotive Safety Standards (49 CFR Part 229). SEPTA
is seeking relief from the requirement of Sec. 229.5(g) that:
Event recorders monitor and record data: over the most recent 48
hours of operation of the electrical system of the locomotive on
which it is installed.
SEPTA states that a railroad supervisor can get to the scene of any
accident on their system within one hour. They feel that 8 hours of
recorded information is sufficient for any accident investigation on
their railroad. SEPTA's event recorders are solid state devices which
record each change in state. With their present recorder system a
printed copy of the stored information fills about 73 pages. To
accommodate 48 hours of recorded information would result in a very
extensive printed copy with no additional useful information. FRA has
previously ``grandfathered'' event recorders which were in service on
July 8, 1993, and which recorded only 8 hours of data.
Southeastern Pennsylvania Transportation Authority (SEPTA)
Waiver Petition Docket Number LI-94-8
SEPTA seeks a temporary waiver of compliance with certain
provisions of the Locomotive Safety Standards (49 CFR Part 229) for
Electric MU Locomotives. SEPTA is seeking relief from the requirements
of Section 229.135 that all trains operating over 30 mph shall be
equipped with an event recorder by May 5, 1995. SEPTA requests the
compliance date be extended to December 7, 1995.
The Locomotive Safety Standards were revised on July 8, 1993, to
require each lead locomotive of trains operating over 30 mph to be
equipped with an event recorder by May 5, 1995. The railroad states
that off-the-shelf event recorders will be installed on conventional
(non-MU locomotives) locomotives within the specified time, however,
new design event recorders will be required for the Electric MU
Locomotives. SEPTA is requesting seven additional months for the
design, manufacture and installation of event recorders on their MU
locomotive fleet.
Metro-North Commuter Railroad (MNCW)
Waiver Petition Docket Number LI-94-10
MNCW seeks a temporary waiver of compliance with certain provisions
of the Locomotive Safety Standards (49 CFR Part 229) for their
locomotives. MNCW is seeking relief from the requirements of Section
229.135 that all trains operating over 30 mph shall be equipped with an
event recorder by May 5, 1995. MNCW requests the compliance date be
extended to December 5, 1997.
The Locomotive Safety Standards were revised on July 8, 1993, to
require each lead locomotive of trains operating over 30 mph to be
equipped with an event recorder by May 5, 1995. The railroad states
that off-the-shelf event recorders will be installed on conventional
(non-MU locomotives) locomotives within the specified time, however,
new design event recorders will be required for the Electric MU
Locomotives. MNCW is requesting two years additional time for the
design, procurement, manufacture and installation of event recorders on
their locomotive fleet of 413 units to be equipped. The railroad cites
funding, FRA and State-mandated purchasing practices, non-availability
of off-the-shelf event recorders for electric rail cars, impact on car
availability, limited physical plant and energy conservation/cost
savings as the justification for the delay. MNCW estimates that 43
percent of their fleet will be equipped with event recorders by May 5,
1995.
The Western Railway Museum (WRM)
(Waiver Petition Docket Number RSGM-94-9)
The WRM, of Suisun City, California, seeks a permanent waiver of
compliance with certain provisions of the Safety Glazing Standards (49
CFR Part 223) for one caboose. The caboose is used for educational
purposes only and is operated at speeds of 15 mph or less in a rural
area with no history of vandalism.
The Ohio Central Railroad Company (OHCR)
Waiver Petition Docket Number RSGM-94-10
The OHCR on behalf of their affiliate Ohio Southern Railroad,
Incorporated (OSRR), seeks a permanent waiver of compliance with
certain provisions of the Safety Glazing Standards (49 CFR Part 223)
for one caboose. The caboose, OHCR 553, a former New York Central all-
steel caboose was rebuilt in the 1960's by the Pittsburgh and Lake Erie
Railroad and is not equipped with FRA certified glazing. The OSRR
operates between South Zanesville and Glass Rock, a distance of
approximately 19 miles. An out of service line extends 14 miles from
East Fultonham Junction to New Lexington, Ohio. The railroad states
there is no record of vandalism regarding train movements. Train speed
is limited to 5 mph in this rural area. Two trains are operated per
week and mostly in day light hours.
Owego Harford Railway (OHRY)
Waiver Petition Docket Number RSGM 94-11
The OHRY seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for one
locomotive. The locomotive, an EMD Model GP-9, is equipped with FRA
certified glazing in the front and rear locations but not in the side
windows. The railroad states there has been no vandalism in this rural
area. The OHRY operates between Owego and Harford, New York, a distance
of approximately 30 miles.
Providence and Worcester Railroad Company (PW)
Waiver Petition Docket Numbers RSGM-94-12 and SA-94-6
The PW seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for one
locomotive. Locomotive PW 150 is a 25-ton diesel electric industrial
switcher built by General Electric which was recently purchased to
provide service on an industrial track which cannot accommodate a full
size locomotive. This operation is on one-half mile of track at the end
of the Bell Dock Railroad at New Haven Terminal, Connecticut. In
addition, PW is restoring a section of track for a customer in South
Providence, Rhode Island, and the locomotive will be used at that
location. The locomotive is now equipped with new laminated safety
glass.
PW seeks a permanent waiver of compliance with certain provisions
of the Railroad Safety Appliance Standards (49 CFR Part 231) for
Locomotive PW 150. Section 231.30 specifies requirements for
locomotives used in switching service. PW requests relief from the
requirements of this section since the locomotive was built without
corner stairway openings and switching steps. The railroad states that
a crew member would be either in the locomotive cab, on the cars or
walking next to the equipment when in the street. Thus, safety is not
compromised by non-compliance with Section 231.30.
Nash County Railroad (NCYR)
Waiver Petition Docket Number RSGM 94-13
The NCYR seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for four
locomotives. The NCYR operates over approximately 20 miles of track
between Spring Hope and Rocky Mount, North Carolina.
River Terminal Railway Company (RT)
Waiver Petition Docket Number RSGM 94-14
The RT seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for 17
locomotives. The railroad provides switching service for Republic Steel
in their steel mill in Cleveland, Ohio. Present glazing is 1/4-inch
laminated safety glass. The railroad states there have been no
incidents or vandalism involving glazing. The RT feels the burden of
installing certified glazing is excessive when considering the minimal
risks.
Atlantic and Gulf Railroad (AGLF)
Waiver Petition Docket Number RSGM 91-25
The AGLF seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for three
locomotives. The railroad operates between Sylvester and Albany,
Georgia, a distance of 18 miles and between Albany and Thomasville,
Georgia, a distance of 54 miles. The area is primarily rural. The AGLF
was granted a waiver for one locomotive in 1992.
Wiregrass Central Railroad Company, Incorporated (WGCR)
Waiver Petition Docket Number RSGM 91-27
The WGCR seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for five
locomotives. The WGCR operates over approximately 18 miles of track
between Enterprise and Waterford, Alabama. The area is primarily rural
with several miles being within Fort Rucker army base. WGCR was granted
a waiver for four locomotives in 1993.
Laurinburg Southern Railroad Company (LRS)
Waiver Petition Docket Number RSGM 90-4
The LRS seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for five
locomotives. The LRS was granted a waiver for 36 locomotives on
February 23, 1994, and have now purchased five additional locomotives.
LRS 136 and LRS 140-143 are SW-1 switchers and LRS 139 is an NW-2
switcher locomotive.
Minnesota Commercial Railway Company (MNNR)
Waiver Petition Docket Number RSGM 89-31
The MNNR seeks a permanent waiver of compliance with certain
provisions of the Safety Glazing Standards (49 CFR Part 223) for two
locomotives. The MNNR was granted a waiver for three locomotives on
August 16, 1993. Two of these locomotives (MNNR 303 and 304) have been
sold and replaced by MNNR 110 and 200 for which the waiver is
requested. These locomotives will operate under the same conditions as
their predecessors.
Issued in Washington, D.C. on September 21, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 94-23867 Filed 9-26-94; 8:45 am]
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