[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Notices]
[Pages 43021-43024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21152]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers 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) received requests for waivers of compliance with certain 
requirements of its safety standards. The individual petitions are 
described below, including the parties seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioners' arguments in favor of relief.

CSX Transportation, Incorporated

(Waiver Petition Docket Number H-97-4)

    CSX Transportation, Incorporated (CSX) seeks approval from FRA to 
conduct a test program for the purpose of evaluating recent 
technological advancements applied to equipment used in the inspection 
of rail for internal flaws. Specifically, CSX proposes to test a rail 
inspection system in which the primary rail inspection vehicle 
transmits, via radio modem, chart data to a secondary (chase) vehicle 
for the purposes of defect verification.
    CSX is seeking relief from the requirements of 49 CFR Section 
213.5(a), which requires certain actions be taken once the track owner 
has notice that the track does not meet all of the requirements of this 
part. With respect to the inspection of rail for internal defects, FRA 
has historically interpreted this subsection to require that suspect 
rail flaw indications be verified by hand test equipment, and remedial 
action taken, if necessary, within the same day of the test.
    Present practice within the industry, as is the case with current 
CSX procedures, is to immediately stop the rail inspection vehicle when 
an indication of a possible rail flaw is received by the on-board 
equipment. A hand test to verify the existence of the rail flaw is then 
performed. CSX maintains that this procedure has limited the rail 
inspection vehicles to an average of five miles of testing for every 
hour of on-track time. CSX further states that as traffic density 
continues to increase, the available on-track time for activities such 
as rail inspection continues to decrease.
    CSX's petition requests that for certain non-critical rail flaw 
indications, hand test verification by the secondary (chase) vehicle 
will be accomplished within 48 hours of the time of observation by the 
primary test vehicle. All critical rail flaw indications recorded by 
the primary test vehicle will be immediately verified by hand test, and 
remedial action taken if necessary. In the absence of any critical rail 
flaw indications, the primary rail inspection vehicle would be allowed 
to continue to test the rail in a non-stop mode.
    CSX petitions to implement this test program with dedicated 
equipment over approximately 4,000 miles of connected trackage on its 
system. CSX maintains that the procedures outlined in this test program 
will result in a safety benefit by increasing its on-track test mileage 
as well as increasing its testing cycle frequency, therefore creating 
additional opportunities to find rail flaws before they grow to service 
failure size. Critical rail flaws will be protected as in the past, 
while non-critical rail flaws are unlikely to grow to service failure 
size in the 48 hour delay time requested for verification.
    CSX anticipates that there will not be any additional cost to 
either the private sector, consumer, Federal, State and local 
governments.

Burlington Northern Santa Fe Railroad Company

[Waiver Petition Docket Number LI-95-14]

    The Burlington Northern Santa Fe Railroad Company (BNSF) seeks a 
waiver of compliance from 49 CFR 229.9, Railroad Locomotive Safety 
Standards--Movement of non-

[[Page 43022]]

complying locomotives. Section 229.9(b) states: ``A locomotive that 
develops a non-complying condition enroute may continue to utilize its 
propelling motors, if the requirements of paragraph (a) are otherwise 
fully met, until the earlier of--

(1) The next calendar day inspection, or
(2) The nearest forward point where the repairs necessary to bring it 
into compliance can be made.''

    BNSF is requesting an exemption to the requirement of Section 
229.9(b) for locomotives that have traction motor failures enroute, 
specifically, one or more traction motors cut out, between points in 
Illinois and the West Coast of the United States. BNSF would like to 
continue the non-complying, cut out traction motor past Argentine Yard 
in Kansas City, Kansas. BNSF maintains facilities at Argentine Yard 
capable of making the required repairs to bring the locomotive into 
compliance. BNSF believes that the waiver, if granted, would greatly 
increase the efficiency of its locomotive utilization without adversely 
affecting safety.

Union Pacific Railroad Company

[Waiver Petition Docket Numbers LI-97-1 and PB-97-1]

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain regulatory provisions and sections of 49 CFR 
Part 229, Railroad Locomotive Safety Standards, and Part 232, Railroad 
Power Brakes and Drawbars. Specifically, UP is seeking a waiver of 49 
CFR 229.49(a)(1) and 232.10(j)(4) which require the main reservoir 
system of each locomotive to be equipped with at least one safety valve 
that shall prevent an accumulation of pressure of more than 15 pounds 
per square inch above the maximum working air pressure fixed by the 
chief mechanical officer of the carrier operating the locomotive; and, 
the main reservoir system of each unit being equipped with at least one 
safety valve, the capacity of which shall be sufficient to prevent an 
accumulation of pressure of more than 10 pounds per square inch above 
the maximum setting of the compressor governor fixed by the chief 
mechanical officer of the carrier operating the locomotive.
    This waiver would apply to the entire UP system (including the 
Southern Pacific Railroad (SP) which recently merged with UP). UP seeks 
a waiver permitting continued operation of 150 psi main reservoir 
safety valve setting with 125 psi maximum working air pressure.
    Since the late 1970's, UP reduced its maximum working pressure from 
the traditional 135 psi to 125 psi, changing the air compressor 
governor setting accordingly to a cut in/out pressure of 120/130 psi as 
appropriate under Sections 229.49(b) and 232.10(j)(5). This change was 
made in the wake of the oil shortages of the 1970's in an effort to 
conserve fuel. As all railroads did not make this change, it was 
necessary to leave the safety valve set for 150 psi so that the valves 
did not pop continuously when UP locomotives were operated in multiple 
with those of foreign lines with the higher working air pressure 
settings.
    In addition, SP had its safety valves set for 155 psi, with 135 psi 
working air pressure. It is further requested in the waiver that this 
practice be continued until these locomotives can be brought into UP's 
standard, which should be no later than three years after the waiver is 
granted. Implementation will be immediately upon approval of this 
waiver. There are no anticipated changes in operating practices. UP 
claims that no adverse effects are expected on the safety of 
operations. The conditions for UP's setting of the safety valve and 
maximum working pressure have existed for at least 20 years with no 
identified problems. UP believes a greater margin of safety is provided 
between the maximum working air pressure and the safety valve setting, 
going from a margin of 15 psi to 25 psi. Safety is not believed to be 
sacrificed in any manner. The maximum pressure that may exist in the 
main reservoir remains at the same levels that have always existed--150 
psi (155 psi in SP's case). The main reservoirs were not modified; they 
carry the same burst pressure limits for which they were originally 
designed. The required differentials between maximum brake pipe 
pressure and air compressor cut in/cut out have been maintained. The 
reduction of the maximum working air pressure is not an issue of 
consideration as this is set by the carrier's chief mechanical officer. 
It is also asserted that fuel consumption will be favorably affected by 
approval of this waiver request, due to not having the air compressor 
cut in for longer periods in order to maintain higher air pressure. The 
environment (emissions) is also benefited through the consumption of 
less fuel.

Iowa Railroad Historical Society

[Waiver Petition Docket Number PB-96-1]

    The Iowa Railroad Historical Society, Boone & Scenic Valley 
Railroad (BSV), seeks a permanent waiver of compliance from 49 CFR Part 
232, Section 17(b)(2), on a passenger car equipped with U type air 
brakes by extending the clean, oil, test, and stencil (COT&S) period 
from 15 calendar months to 15 operating months.
    On December 6, 1996, BSV was granted a waiver of compliance 
(Docketed PB-96-1) from the requirements to perform COT&S every 15 
calendar months as required by Section 232.17(b)(2) and as specified in 
Standard S-045 in the Manual of Standards and Recommended Practices of 
the Association of American Railroads A-III-256, Section 2.1.2. The 
waiver applies to only the eight cars BSV specified in the original 
request and extends the COT&S period from 15 calendar months to 24 
calendar months, with a single car test required every 12 months. BSV 
inadvertently left out Lackawana car 3218 in the original request and 
hereby requests that this car be included under the same requirements 
as specified for the eight cars in the original waiver.
    BSV is a non-profit tourist line that operates only six months a 
year, with one trip per day during the week and three trips on Saturday 
and Sunday over a 15-mile captive service route originating in Boone, 
Iowa. BSV explains that they have been performing the COT&S every 12 
calendar months at a considerable expense for six months of operation, 
and that by granting this waiver they would perform the COT&S every 24 
months for 12 months of operation.

Port of Pend Oreille dba Pend Oreille Valley Railroad

[Waiver Petition Docket Number RSGM-96-2]

    The Port of Pend Oreille dba Pend Oreille Valley Railroad (POVA) 
seeks a waiver of compliance from 49 CFR 223.11(c) which requires that 
locomotives built or rebuilt prior to July 1, 1980, be equipped with 
certified glazing in all locomotive cab windows. POVA requests a 
permanent waiver of compliance for its locomotive POVA 103, built by 
General Electric in December 1956, which is not equipped with certified 
glazing. The locomotive will be utilized in work train service.

Electric Transport of America, Incorporated

[Waiver Petition Docket Number RSGM-96-12]

    Electric Transport of America, Incorporated, (ETA) seeks a waiver 
of compliance from 49 CFR 223.9(a) which requires that locomotives, 
including yard locomotives, built or rebuilt after June 30, 1980, be 
equipped with certified glazing in all locomotive cab windows. ETA 
requests a waiver for one locomotive imported from the Czech

[[Page 43023]]

Republic. It is a 49 ton diesel-electric locomotive. ETA intends to 
market the switcher locomotive to industrial operators in North 
America. The Ohio Central Railroad has agreed to allow the locomotive 
to be demonstrated within its Coshocton Yard, Coshocton, Ohio.

Austin & Texas Central Railroad

[Waiver Petition Docket Number RSGM-97-2]

    The Austin & Texas Central Railroad (ATCX) seeks a permanent waiver 
of compliance with the Safety Glazing Standards, 49 CFR Part 223.15(c), 
which requires certified glazing in all windows of passenger cars and 
at least four emergency windows, for its three passenger coach cars: 
former NKP-151, known as the City of Chicago; former MP-640, known as 
the Eagle Cliff; and former ATSF-1343, known as the Red Rock. These 
cars have double pane glazing consisting of a sheet of laminated safety 
plate as the inside sheet, and a sheet of Polycarbonate laminated 
safety plate or polished plate as the outer sheet in the lounge areas 
and hallways. ATCX is a museum type excursion operation which is a 
project of the Austin Steam Train Association, a 501-(c)(3) non-profit 
corporation. Since 1992, operation has been on weekends for 10 months 
each year along with some weekday operation. During this time period, 
the railroad reports that there have been no acts of vandalism 
involving any glazing location associated with the operation of a 
train.
    ATCX proposes that any time a glazing location must be renewed, for 
any reason, the glazing location will be renewed with certified 
glazing, if mechanically possible, without alterations to the structure 
or function of the car.

Gettysburg Railway Company

[Waiver Petition Docket Number RSGM-97-3]

    The Gettysburg Railway Company (GETY) seeks a waiver of compliance 
from 49 CFR Part 223.9(a) which requires that locomotives, including 
yard locomotives, built or rebuilt after June 30, 1980, be equipped 
with certified glazing in all locomotive cab windows. GETY requests a 
waiver for two rebuilt F-7 locomotives. GETY intends to use these 
locomotives in low speed (20 mph) passenger excursions in Gettysburg, 
Pennsylvania.

Union Pacific Railroad Company

[Waiver Petition Docket Number RST-97-2]

    Union Pacific Railroad Company (UP) seeks approval from FRA to 
electronically submit and maintain track inspection records. UP is 
requesting that FRA waive the requirements of 49 CFR 213.241, 
Inspection records, and permit it to use an electronic reporting system 
for submitting and maintaining track inspection records. Relief is 
sought from the requirement that each record shall be signed by the 
person making the inspection.
    UP states that the electronic system for creating and maintaining 
track inspection records will provide for the integrity and security of 
each record. The system will provide for several levels of security to 
uniquely identify the person as the author of that record with a date 
and time stamp that the record was created. Once a record is created, 
it cannot be modified. UP believes that the electronic system will not 
only be beneficial economically, but will be more flexible for Federal 
and State track inspectors who inspect the records.

Yakima Valley Rail and Steam Museum

[Waiver Petition Docket Number SA-93-1]

    The Yakima Valley Rail and Steam Museum (YVRX) seeks a waiver of 
compliance from 49 CFR 231.30 (c) and (f), which requires that a 
locomotive used in switching service be equipped with four switching 
steps and must have means for operating the uncoupling mechanism safely 
from the switching step as well as from ground level, for its 
locomotive #4. Locomotive #4 is a Plymouth locomotive built in 1943. 
YVRX states that the rear of the locomotive is not equipped with corner 
stairways or switching steps, and the uncoupling mechanism must be 
operated from the ground. If the waiver is granted, the locomotive will 
be utilized to haul approximately 100 cars a year from Toppenish, 
Washington, to Harrah, Washington, a distance of about 10 miles, and 4 
cars per year between Toppenish, Washington, and White Swan, 
Washington, a distance of 21 miles.

Napa Valley Wine Train, Incorporated

[Waiver Petition Docket Number SA-94-7]

    The Napa Valley Wine Train, Incorporated, (NVRR) seeks a waiver of 
compliance from 49 CFR 231.30 (c) and (f), which requires that a 
locomotive used in switching service be equipped with four switching 
steps with a minimum width of eighteen inches (locomotives built prior 
to April 1, 1977) and that the uncoupling mechanisms be safely operated 
from the switching steps as well as ground level, for their locomotive 
#52. Locomotive #52 is a General Electric locomotive built in 1943. 
NVRR states that the switching steps at all four locations are 14 
inches wide. The locomotive uncoupling mechanisms are not equipped to 
allow for uncoupling from the switching steps and must be operated from 
the ground. If the waiver is granted, NVRR states the locomotive will 
occasionally be utilized in interchange freight service.

Union Pacific Railroad Company

[Waiver Petition Docket Number SA-97-1]

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from 49 CFR Part 231.27, Box and other house cars without 
roof hatches or placed in service after October 1, 1966, which requires 
in part that cars be equipped with end platforms and end platform 
handholds in addition to 16 end and 16 side handholds. UP is requesting 
that it be permitted to operate 273 high side gondola cars with 
removable fiberglass covers. The cars, UP 97700 through 97489 and UP 
97850 through 97999, were originally constructed and approved in 
accordance with 49 CFR 231.2, Hopper cars and high-side gondolas with 
fixed ends, which requires side and end ladders in addition to side and 
end handholds, but does not require end platforms, end platform 
handholds, nor the 16 end or 16 side handholds.
    The cars were subsequently equipped with temporary removable 
fiberglass covers to protect contaminated earth for movement solely by 
UP from Chicago, Illinois, to Clive, Utah, a distance of about 1700 
miles. UP states that these cars are in captive service and have 
operated more than two years without incident. UP also states that upon 
expiration of the three year contract to haul the contaminated earth, 
the fiberglass covers will be removed and scrapped with the cars being 
returned to general service. Additionally, UP states that it would be 
an unjustified economic loss to modify the cars to comply with Section 
231.27, then upon expiration of the contract remodify them to comply 
with Section 231.2.

Belfast & Moosehead Lake Rail Road Company

[Waiver Petition Docket Number SA-97-2]

    The Belfast & Moosehead Lake Rail Road Company seeks a waiver of 
compliance from 49 CFR Section 231.15(b), Railroad Safety Appliance 
Standards--Steam locomotives used in road service, Pilot sill-steps. 
Section 231.15(b) states that each steam locomotive used in road 
service shall be equipped with two pilot sill steps mounted on or near 
each end of buffer-beam outside of the rail and not more

[[Page 43024]]

then sixteen inches above the top of the rail.
    The Belfast & Moosehead Lake Rail Road Company is requesting an 
exemption to the requirement of these steps (2) for their steam 
locomotive #1149. The railroad states that due to the design and 
placement of the locomotive cylinders and pilot truck, the steps cannot 
be applied without substantially rebuilding the front of the 
locomotive. Also, application of the pilot sill steps would block 
access to the pilot truck journal boxes, make inspections more 
difficult, and possibly interfere with the movement of the locomotive's 
outside-frame pilot truck. Employees of the Belfast & Moosehead Lake 
Rail Road Company are not permitted to ride the pilot of the 
locomotive.
    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 H-97-4) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., Mail 
Stop 10, Washington, D.C. 20590. Communications received within 30 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 
(9:00 a.m.-5:00 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 August 6, 1997.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 97-21152 Filed 8-8-97; 8:45 am]
BILLING CODE 4910-06-P