[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Notices]
[Page 41182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19407]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for 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) received a request for a waiver of compliance from certain 
requirements of its safety 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.

Burlington Northern Sante Fe Railway

[Docket Number FRA-1999-5895]

    Burlington Northern Sante Fe Railway (BNSF) seeks a permanent 
waiver of compliance from certain provisions of the Safety Appliances 
Standards, 49 CFR part 231, and Power Brakes and Drawbars regulations, 
49 CFR part 232, concerning RoadRailer train operations 
over their railroad system. Specifically, BNSF requests relief from the 
requirements of: 49 CFR part 231, which specifies the number, location 
and dimensional specifications for handholds, ladders, sill steps, 
uncoupling levers, and handbrakes; and Sec. 232.2, which regulates 
drawbar height.
    The RoadRailer units, by design, cannot be subjected to 
traditional switching or classification procedures, since they do not 
have the required safety appliance arrangement and their coupler 
assembly will only couple to another RoadRailer unit or to 
a special designed adapter vehicle. In consideration of the unique way 
RoadRailer units are assembled, there is no necessity for a 
person to ride on this equipment. Furthermore, this vehicle has a 
spring based parking brake (which has replaced the conventional 
manually operated handbrake) that operates automatically in conjunction 
with the train air brake system, so there is no need for an individual 
to mount the vehicle to apply a handbrake. The spring activates the 
parking brake when air pressure is reduced below a pre-determined value 
and remains applied until air pressure is restored. The drawbar height 
is not within the prescribed limits of 31\1/2\ to 34\1/2\ inches.
    BNSF states that they will provide adequate training and 
familiarization for their operating personnel and emphasize the fact 
that employees must not attempt to mount or dismount RoadRailer 
trailers because there are no safety appliances. BNSF would also advise 
the FRA of any incidents or in-service problems with the RoadRailer 
equipment. BNSF would restrict the trains to 125 RoadRailer units, 
excluding the adapter unit, with a maximum of 4800 trailing tons. The 
adapter unit, CouplerMate, will be used between the hauling locomotive 
and the first RoadRailer unit in the train. BNSF would only haul 
hazardous materials listed in Table 2 of 49 CFR 172.504, in RoadRailer 
vehicles. Brake cylinder piston travel limits for the Mark V RoadRailer 
equipment would be 1\1/4\ to 3\1/2\ inches at initial terminal, with 
3\5/8\ inches being an ineffective brake.
    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 FRA-
1999-5895) and must be submitted in triplicate to the Docket Clerk, DOT 
Central Docket Management Facility, Room PL-401, Washington, DC 20590-
0001. 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 DOT 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 
Seventh Street SW, Washington, DC. All documents in the public docket 
are also available for inspection and copying on the Internet at the 
docket facility's web site at http://dms.dot.gov.

    Issued in Washington, DC, on July 22, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 99-19407 Filed 7-28-99; 8:45 am]
BILLING CODE 4910-06-P