[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29897]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

 

Petition for Waiver of Compliance

    In accordance with 49 CFR Sections 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 
petitioners arguments in favor of relief.

Burlington Northern Railroad (BN) (Waiver Petition Docket Number SA-94-
10)

    The BN seeks a waiver of compliance from certain sections of the 
Railroad Safety Appliance Standards (49 CFR Part 231). BN requests a 
waiver from 49 CFR 231.4--Fixed-end low-side gondola and low-side 
hopper cars; (a)(3)(ii) states: ``The brake shaft shall be located on 
end of car, to the left of and not more than 22-inches from center.'' 
This regulation has been applied to coiled steel cars that have end 
platforms, commonly identified as a coiled steel gondola.
    BN is requesting that the wording be adopted as used in 49 CFR 
231.6--Flat cars (3)(ii): ``The brake shaft shall be located on end of 
car to the left of center, or on side of car not more than 36 inches 
from right-hand end thereof.''
    BN states that modern flat cars, particularly double stack cars, 
have used handbrakes in complete compliance with 49 CFR 
231.6(a)(3)(ii), which locates the handbrake lower to the ground and 
closer to the side sill than allowed by other specified car types. This 
has led to a handbrake application that makes it possible to apply or 
release the handbrake from the ground when the car is stopped, or while 
riding the car when it is moving. Additionally, coil cars have been 
built that have an end platform and appear similar to a flat car, 
especially toward the end of the car. Historically, the handbrake has 
been mounted to the end of the trough bulkhead, inboard of the end 
platform. This requires a person to climb onto the car to operate the 
handbrake. At this location the handbrake is very susceptible to damage 
when the coils are loaded into the car. By lowering the handbrake and 
moving it outboard on the end sill, the handbrake is out of the way of 
the loading process and less likely to be damaged. The BN request is to 
locate the handbrake on the end sill and toward the side sill in excess 
of the 22-inches from the cars center line on coil cars having 
platforms with a AAR gondola mechanical designation. This request is to 
include all coil cars equipped with end platforms.
    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-
10) 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 January 13, 1995 
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 SW., Washington, DC 20590.

    Issued in Washington, DC on November 30, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 94-29897 Filed 12-5-94; 8:45 am]
BILLING CODE 4910-06-P