[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)] [Notices] [Pages 66343-66344] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-31921] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for a Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received from Trinity Industries, [[Page 66344]] Incorporated a request for a waiver of compliance with certain requirements of the Federal safety laws and 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. Trinity Industries, Incorporated Docket Number: SA-96-5 Trinity Industries, Incorporated seeks a waiver of compliance from certain sections of Title 49 CFR Part 231, Railroad Safety Appliance Standards. Trinity is requesting a permanent waiver of the provisions of 49 CFR 231.21(b)(2) and 231.21(j)(2)(vi) requiring that platforms be of a minimum thickness of one and three-quarter inches. Trinity requests that this requirement be waived and instead requirements similar to those found at section 231.1(c)(4)(iii) be applied. Section 231.1(c)(4)(iii) refers to running boards and requires that they be made of wood or material which provides the same as or a greater degree of safety than wood of 1\1/8\ inches thickness. When made of material other than wood, the tread surface shall be of anti- skid design and constructed with sufficient open space to permit the elimination of snow and ice from the tread surface. The requirements of 49 CFR 231.21 refers to Tank Cars Without Underframes. Section 231.21(b) requires that there be two end platforms with a minimum width of 10 inches and a minimum thickness of 1\3/4\ inches. Section 231.21(j) requires that there be one operating platform with a minimum width of 7 inches and a minimum thickness of 1\3/4\ inches. Trinity advised that the typical construction of platforms by them and other manufacturers for tank cars without underframes is to construct a frame of members 2 to 3 inches deep with cross support members. A grating meeting the requirements of section 231.1 (c)(4)(iii) is secured to the cross supports with bolts or rivets not less than \1/2\-inch diameter. The interest in this change stems from the basic operations of Trinity, which is manufacturing, leasing and repairing of railroad cars. This waiver would permit them to use grating designs of the same style and thickness on tank cars without underframes as used on other types of railroad cars. Trinity claims the option to use a thinner grating on platforms would allow greater flexibility in design and construction but would still maintain or exceed the existing levels of strength and safety. Trinity contends that the platform thickness requirements for all car types, except tank cars without underframes, can be met with a component of any thickness so long as it provides the same degree of safety as wood 1\1/8\-inch thickness. Running boards and end platforms meeting this requirement have been used on other car types for many years and have been considered to be safe. Trinity further states that the basic use and function of running boards and platforms are identical. That is, they afford a place for a person to walk, stand, or cross over the car and in some instances may require a person to kneel or sit in order to perform inspection of valves, etc. 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 No. SA-96-5) 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 within 45 days of the date of this notice 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.) at FRA's temporary docket room located at 1120 Vermont Avenue, N.W., Room 7051, Washington, D.C. 20005. Issued in Washington, D.C. on December 10, 1996. Phil Olekszyk, Deputy Associate Administrator for Safety Compliance and Program Implementation. [FR Doc. 96-31921 Filed 12-16-96; 8:45 am] BILLING CODE 4910-06-P