[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Page 19984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9944]



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DEPARTMENT OF TRANSPORTATION

Petition for Waivers of Compliance

    In accordance with 49 CFR 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.

Renfe Talgo of America, Incorporated

Addendum to Docket Numbers RSGM-94-2 and SA-94-1

    The Washington State Department of Transportation (WDT) is the 
lessee of the Renfe Talgo of America, Incorporated (RTOA) passenger 
train currently in service in the Pacific Northwest High Speed Corridor 
between Seattle, Washington and Portland, Oregon. The Talgo train is 
operating under the Federal Railroad Administration (FRA) waivers 
Docket Numbers RSGM-94-2 and SA-94-1. The waivers were conditionally 
granted on March 25, 1994.
    RTOA requested the waivers of compliance with certain provisions of 
the Railroad Safety Glazing Standards (49 CFR Part 223) under Docket 
Number RSGM-94-2 and the Railroad Safety Appliance Standards (49 CFR 
Part 231), under Docket Number SA-94-1 and the (see 59 FR 9016, 
February 24, 1994).
    The RSGM-94-2 conditional waiver permits the operation of the Talgo 
train in revenue service in the Pacific Northwest High Speed Rail 
Corridor for the WDT operated by the National Railroad Passenger 
Corporation (Amtrak). The waiver is from compliance with 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. RTOA states that the side facing glazing of the TALGO train 
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 windows in 
the sides of the cars are double glazed with tempered safety glass. 
Each layer is 6 mm. (.24 inches) thick with an air space in between the 
two layers.
    The SA-94-1 conditional 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. RTOA states that 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.
    WDT has requested a change in the waiver in order to place the 
Talgo train in temporary revenue service between Seattle and Vancouver, 
British Columbia, Canada; and removing it from revenue service between 
Seattle and Portland.
    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. 
However, if an opportunity for oral presentation before representatives 
of the FRA is requested before May 1, 1995, FRA will provide such 
opportunity at a public hearing. If held, this public hearing will take 
place in Seattle, Washington, on May 16, 1995. Information as to 
whether a hearing will be held, and specific location, may be obtained 
after May 1, 1995, by contacting the FRA Docket Clerk at 202-366-2257 
or by writing the Docket Clerk at the Federal Railroad Administration, 
Office of Chief Counsel, 400 Seventh Street, SW., Washington, DC 20590.
    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, SW., Washington, DC 20590. Communications received 
before May 26, 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 a.m.-5 
p.m.) in Room 8201, Nassif Building, 400 Seventh Street, SW., 
Washington, DC 20590.

    Issued in Washington, DC, on April 17, 1995.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-9944 Filed 4-20-95; 8:45 am]
BILLING CODE 4910-06-P