[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Notices]
[Pages 45996-46006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21777]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance; Petition for Exemption for 
Technological Improvements

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Sections 211.9 and 211.41, and 49 U.S.C. 20306, notice is hereby given 
that the Federal Railroad Administration (FRA) has received a request 
for waiver of compliance with certain requirements of

[[Page 45997]]

the Federal railroad safety regulations and a request for exemption of 
certain statutory provisions. The individual petition is described 
below, including the party seeking relief, the regulatory and statutory 
provisions involved, the nature of the relief being sought and the 
petitioner's arguments in favor of relief.

New Jersey Transit Corporation; FRA Waiver Petition No. FRA-1999-
6135

    New Jersey Transit Corporation (NJ Transit) seeks a permanent 
waiver of compliance from certain CFR parts of Title 49, specifically: 
part 221, Rear End Marking Device--Passenger, Commuter and Freight 
Trains; part 223, Safety Gazing Standards--Locomotives, Passenger Cars 
and Cabooses; part 229, Railroad Locomotive Safety Standards; part 231 
Railroad Safety Appliance Standards; part 238, Passenger Equipment 
Safety Standards; and part 239, Passenger Train Emergency Preparedness.
    NJ Transit seeks approval of shared use and waiver of certain FRA 
regulations involving light rail passenger operations on the planned 
Southern New Jersey Light Rail Transit (SNJLRT) system. SNJLRT is a 
regional light rail transit system that will link the cities of Camden, 
NJ and Trenton, NJ, and provide local service along with bus, transit, 
and intra and intercity rail transfer connections to an area previously 
without light rail service. The SNJLRT project will cover 34 miles 
using a combination of street running alignment and existing railroad 
right-of-way to assist in meeting Southern New Jersey's mobility and 
congestion needs.
    A portion of the SNJLRT will run over the existing Consolidated 
Rail Corporation (Conrail) Bordentown Secondary track, between MP 1.07 
(Camden) and MP 33.1 (Trenton). The purpose of the waiver is for SNJLRT 
operations over this ``Shared Trackage'' because of its connection with 
the general railroad system of transportation. Conrail and NJ Transit 
have agreed that transit operations will have exclusive use of the 
Shared Trackage during the passenger period.
    In each section entitled ``justification,'' FRA merely sets out NJ 
Transit's justifications which are included in its petition. In doing 
so, NJ Transit references the proposed Joint Policy Statement on Shared 
Used of the General Railroad System issued by FRA and the Federal 
Transit Administration (FTA) (64 FR 28238; May 25, 1999) (``Policy 
Statement''). The proposed policy statement suggests that regulation of 
light rail service on the general rail system, under conditions of 
temporal separation from conventional rail movements, be handled 
through application of complementary strategies. FRA regulations would 
generally be employed to address hazards common to light rail and 
conventional operations for which consistent handling is necessary, 
while other hazards would be handled under FTA's program of State 
Safety Oversight (49 CFR Part 659). See proposed Policy Statement for 
details. Since FRA has not yet concluded its investigation of the 
planned SNJLRT system, the agency takes no position at this time on the 
merits of NJ Transit's stated justifications. As part of FRA's review 
of the petition, the Federal Transit Administration will appoint a non-
voting liaison to FRA's Safety Board, and that person will participate 
in the board's consideration of NJ Transits's waiver petition.

Part 221--Rear End Marking Device--Passenger, Commuter and Freight 
Trains

    Section 221.13(a) requires each train that occupies or operates on 
main line track be equipped with a display on the trailing end of the 
rear car of that train, and continuously illuminated or flashing a 
marking device as prescribed in that subpart. Section 221.14(a) 
requires that passenger, commuter and freight trains be equipped with 
at least one such compliant marking device, which has been approved by 
FRA in accordance with the procedures included in Appendix A of part 
221, and which has specific intensity, beam arc width, color and flash 
rate characteristics. The requirements are intended to reduce the 
likelihood of rear-end collisions attributable to the inconspicuity of 
the rear-end of a leading train.
    Justification. NJ Transit requests a waiver from this requirement 
because the SNJLRT vehicle will be equipped with marking devices such 
as headlights, brake, tail, turn signal, clearance and marker lights, 
and reflectors similar to those required for highway vehicles as 
contained in NJDOT regulations. The NJDOT regulations adopt and 
incorporate by reference the Federal Highway Administration's 
(``FHWA'') Federal Motor Carrier Safety Regulations found at 49 CFR 
part 393.
    The external illumination consists of a set of front headlights, 
turn signals, tail and brake lights, reflectors, clearance, and marker 
lights at each end of the bi-directional SNJLRT vehicles. One headlight 
is mounted next to each brake light, with the headlights capable of 
being switched from low to high beam. Turn signal lights are visible 
from both the front and sides of the vehicle. The mounting height and 
candela value of the lights provided is consistent with FHWA 
requirements for commercial motor vehicles contained in 49 CFR part 
393. The SNJLRT vehicle exterior lighting was designed to match state 
highway vehicle requirements instead of FRA regulations because the 
SNJLRT vehicles will operate in two different environments: in streets 
running mixed with motor vehicle traffic and in a conventional railroad 
corridor. FRA-compliant rail car marker devices might not provide 
sufficient information to motor vehicle drivers and, therefore might be 
inappropriate for the in-street portion of the SNJLRT system. The 
SNJLRT specifications on the other hand, will provide a higher level of 
safety for in-street operations.
    NJ Transit believes that safety on the conventional railroad 
corridor will not be compromised by the use of the SNJLRT marking 
devices. The SNJLRT vehicle will have tail and brake light and 
clearance lights to define the end contour of the vehicle, 
substantially similar to the marking devices required by FRA 
regulations. Any variation in illumination levels between SNJLRT 
vehicles and Conrail trains is not material because of the temporal 
separation of the operations.

Section 223.9(c)--Glazing Requirements

    Section 223.9(c) requires that passenger cars, including self-
propelled passenger cars built or rebuilt after June 30, 1980, be 
equipped with FRA certified glazing in all windows. This requirement is 
intended to reduce the likelihood of injury to passengers and/or 
employees from breakage and shattering of windows (including 
windshields).
    Justification. NJ Transit requests a waiver of this requirement for 
windows other than cab windshields because those windows will conform 
to the side impact requirements of ANSI Z26. 1, Table 1, item 1, 
``American National Standard for Safety Glazing Materials for Glazing 
Motor Vehicles and Motor Vehicle Equipment Operating on Land 
Highways.'' This glazing is break-resistant in normal usage, but can be 
broken with a standard rescue tool, such as a pry bar (a pry bar will 
be located near side windows in each SNJLRT vehicle) in an emergency. 
Upon breaking, the glass ``crumbles'' into pebble-like pieces, posing 
no significant hazard to passengers, employees or rescue personnel. The 
use of such safety glass windows is standard throughout the rail 
transit industry for (among other applications) in-street light rail 
operations, where it has proved both durable and safe. In addition, the 
risk

[[Page 45998]]

associated with vandalism (such as by rocks thrown against the windows) 
is addressed from an operations standpoint in the System Safety Program 
Plan (SSPP).

Section 223.9(d)--Emergency Exit Window Markings

    Section 223.9(d) requires that each emergency window be 
conspicuously and legibly marked with luminescent material on the 
inside of each car and that clear and legible operating instructions be 
posted at or near each such window. This section also requires that 
each window intended for access by emergency responders for extrication 
of passengers be marked with a retroreflective, unique and easily 
recognizable symbol or other clear marking and that clear and 
understandable window-access instructions be posted at each such window 
or at the end of each car. These requirements are intended to 
distinguish emergency windows from other windows and provide 
information on the operation of the emergency windows.
    Justification. NJ Transit requests a waiver from these requirements 
because all side windows on the SNJLRT vehicles are suitable for use in 
the event of an emergency and therefore, it would make no sense and 
could prove to be a confusion hazard to mark any particular side 
windows as designated ``emergency windows.'' All side windows are made 
of safety glass and are fitted into the sidewalls by large, specialized 
rubber sections. All of these windows can be broken with standard 
rescue tools and can function as emergency windows if necessary. Pry 
bars, which can be used to break windows if necessary, will be located 
near side windows inside each SNJLRT vehicle. Instructions meeting FRA 
requirements and clearly indicating that the pry bar can be used to 
break any side window will be posted adjacent to each pry bar. Thus, 
identification of some windows as ``emergency windows'' and the posting 
of special operating instructions is not appropriate in this instance 
and is not necessary for safe emergency egress from the SNJLRT vehicle. 
Enforcing the marking requirements would not serve the intended safety 
purpose.

Section 223.15(c)--Emergency Window Requirements

    Section 223.15(c) requires each passenger train car to be equipped 
with at least four emergency windows designed to permit rapid and easy 
removal during an emergency. This requirement is intended to enhance 
safety by providing emergency egress, in addition to egress through 
vehicle doorways.
    Justification. NJ Transit requests a waiver of this requirement 
because the SNJLRT vehicles will not be manufactured with designated 
emergency windows. The vehicles, however, are designed to permit 
equivalent or superior emergency exit options. Each vehicle has 10 
windows on each side, all of which are made of safety glass and are 
fitted into the sidewalls by large, specialized rubber sections. All of 
these windows are large (approximately 42 by 36 inches) when compared 
with conventional commuter rail cars, can be broken with standard 
rescue tools, and can function as emergency windows if necessary.
    Furthermore, the SNJLRT vehicle doorways provide greater access/
egress capability than is found on conventional commuter rail cars. 
Each vehicle has two sets of double doors on each side of the vehicle. 
The minimum clearance height of each doorway is 76 inches and the flow 
lane width of each doorway is at least 24 inches (48 inches in total 
for each set of double doors). The vehicle is designed such that the 
egress time of an AW2 load shall not exceed 120 seconds, calculating 
egress by assuring a flow rate of 2 seconds per passenger per flow 
lane. The doors are releaseable through an emergency release lever 
located on the inside of each doorway and for at least one doorway per 
side on the outside of the vehicle. This will enable a closed and 
interlocked door to be lock-released without power supply. Activation 
of the emergency release levers shall allow the door leaves to be 
manually operated. The interior door release levers shall be clearly 
marked and in a location accessible to all passengers, compliant with 
American with Disabilities Act (ADA) and FRA marking requirements. 
These release lever features will enable quick and easy opening of the 
doors by passengers, equivalent to FRA emergency exit window 
requirements.
    The doorways are designed to provide the main means of emergency 
access/egress, and because the large windows can function as additional 
emergency access/egress points, there is very little risk of passengers 
becoming trapped or rescue personnel being unable to reach passengers. 
In addition, the SSPP will contain detailed emergency response plan 
requirements which will include passenger evacuation and crowd control 
planning.

Section 229.125--Headlights and Auxiliary Lights

    Sections 229.125(a) and (d) require locomotives to have headlights 
of specified candela brightness, and auxiliary lights of specified 
brightness and placement on the vehicle. The purpose of these 
requirements is to reduce the risk of collisions attributable to 
inconspicuity of the train, particularly in low light level situations.
    Justification. NJT requests a waiver from these requirements 
because the SNJLRT vehicles will have lights similar to those required 
by state law applicable to commercial motor vehicles. The SNJLRT 
vehicles will be equipped with two headlights on the leading cab of the 
train capable of illuminating a person 500 feet away. In addition, each 
vehicle will have an auxiliary light on the front of the car that will 
form a triangular pattern with the headlights to present a distinctive 
profile to motor vehicle drivers approaching grade crossings.
    The use of lighting similar to motor vehicle lighting is desirable 
because the SNJLRT vehicle operates in two distinctly different 
environments. One portion is on mainline railroad track and the other 
is street-running mixing with highway traffic. NJ Transit believes that 
while the SNJLRT lighting arrangement will provide for sufficient light 
to provide safety along the railroad right-of-way, the FRA lighting 
requirements may not be appropriate for the street-running portions of 
the route. However, since the front of the vehicle will have headlights 
and auxiliary lighting to define the end contour of the vehicle, the 
conspicuity of the train will be assured in both the Shared Trackage 
and street-running portions of the route and any effect of variations 
in illumination levels will be minor.

Section 231.14--Passenger Cars Without End Platforms

    Section 231.14 specifies the requisite location, number, 
dimensions, and manner of application of a variety of railroad car 
safety appliances (e.g., hand brakes, ladders, handholds, steps), 
directly implementing a number of statutory requirements found in 49 
U.S.C. 20301-05.
    The statutory provisions contains specific standards for automatic 
couplers, sill steps, hand brakes, and secure ladders and running 
boards. Where ladders are required, compliant handholds or grab irons 
for the roof of the vehicle at the top of each ladder are mandated. 
Compliant grab irons or handholds also are required for the ends and 
sides of the vehicles, in addition to standard height drawbars. In 
addition, the statute requires trains to be equipped with a sufficient 
number of vehicles with power or train brakes so that the engineer may 
control the train's speed without the use of a common

[[Page 45999]]

hand brake. At least 50 percent of the vehicles in the train must be 
equipped with power or train brakes, and the engineer must use the 
power or train brakes on those vehicles and all other vehicles equipped 
with such brakes that are associated with the equipped vehicles in the 
train.
    Aside from the statutory-based requirements, the regulations 
provide additional and parallel specifications for hand brakes, sill 
steps, side handholds, end handholds, end handrails, side-door steps 
and uncoupling levers. More specifically, each passenger vehicle must 
be equipped with an efficient hand brake that operates in conjunction 
with the power brake on the train. The hand brake must be located so 
that it can be safely operated while the passenger vehicle is in 
motion. Passenger cars must have four sill steps and side-door steps, 
and prescribed tread length, dimensions, material, location and 
attachment devices for sill steps and side-door steps. In addition, 
there are requirements for the number, composite material, dimensions, 
location and other characteristics for side and end handholds and end 
handrails. Finally, this section requires the presence of uncoupling 
attachments that can be operated by a person standing on the ground. 
These very detailed regulations are intended to ensure that sufficient 
safety appliances are available and that they will function safely and 
securely as intended.
    Justification. As noted above, some of the requirements in 
Sec. 231.14 are required by statute and, therefore, are not subject to 
waiver under FRA's regulatory waiver provisions. FRA does, however, 
have the statutory authority to provide exemptions from these statutory 
requirements pursuant to 49 U.S.C. 20306. Consequently, NJ Transit 
requests exemption from and/or waiver of these requirements, as 
appropriate, because the SNJLRT vehicles will be equipped with their 
own array of safety devices, resulting in equivalent safety.
    The SNJLRT vehicle has a number of features that provide an 
equivalent or superior level of safety as compared to a conventional 
hand brake. Each SNJLRT vehicle will be equipped with a parking brake 
located in each of the two control stands in each vehicle.
    The brake is capable of holding the vehicle on a gradient of six 
percent at an AWl (60 tons) load. The SNJLRT vehicles will be operated 
by a one-person crew. The SNJLRT train will be either one or two 
vehicles. The train will be operated from the control stand in the lead 
cab, on trains consisting of two cars, and from the front of the single 
vehicle in the case of a one vehicle train. During normal operating 
conditions, the operator will make all service and parking brake 
applications. In the event of an emergency, the SNJLRT vehicle will 
have several features which would permit passengers to activate the 
braking system. First, an emergency release device located on each 
passenger door pillar causes an irrevocable application of the service 
brakes in the event of any application. Second, the four doors (two on 
each side of each vehicle) are interlocked with the propulsion system 
to ensure that the SNJLRT vehicle does not move while any doors are 
open, and the opening of the doors while the SNJLRT vehicle is in 
motion will cause an irrevocable application of the service brake. The 
braking characteristics of the SNJLRT vehicle will result in a shorter 
full service brake activation time and easier brake application than 
would be achieved by the presence of a traditional hand brake. Thus, 
the safety purpose of the hand brake requirement is achieved, but in a 
manner that provides an equivalent or superior level of safety.
    Sill steps and side-door steps are not necessary for safety on the 
SNJLRT vehicle, because it is a low floor vehicle designed for level 
boarding. The door threshold is 22.4 inches above the top of the rail. 
This configuration of the doors renders sill steps and side-door steps 
unnecessary. Compliance with the sill step and side-door step 
requirements would not enhance the safety of the vehicle.
    Handholds and handrails are typically intended for use by 
conductors and crew members performing service and yard duties. 
However, SNJLRT operations will not involve any service and yard duties 
from positions outside and adjacent to the vehicle or near vehicle 
doors. Yard moves will be controlled from the cab stand by the on-board 
operator and switches will be thrown remotely or through local controls 
initiated by the on-board operator. Therefore, since there is no need 
for personnel to mount or dismount the vehicle using external 
appliances of any kind, there is no need for handholds or handrails on 
SNJLRT vehicles. NJ Transit has reservations about installing external 
handholds and handrails because of the street-running characteristics 
of part of the SNJLRT service.
    External handholds or handrails would give pedestrians the 
opportunity to grab onto something on the outside of the vehicle with 
the intention to get a ride. This is unsafe and the SNJLRT vehicle will 
be designed to minimize the opportunity for this practice. In sum, 
there is no practical need for handholds or handrails, and their 
presence might constitute a safety hazard in the street-running 
operating environment.
    The SNJLRT vehicle will be equipped with a fully automatic electric 
coupler controlled from the operator's position in the cab and a 
mechanical coupler at each end. The coupler and associated draft gear 
system will have a centering device that retains the unconnected 
coupler head within its gathering range. The couplers are central 
buffer couplings with electrical and pneumatic coupling. The operator 
will initiate uncoupling from the cab stand and no external crew is 
required to assist in this operation. NJ Transit believes that 
performing all coupling/uncoupling from inside the vehicle will enhance 
safety. This elimination of the need for frequent coupling/uncoupling 
of vehicles, combined with the ability for such activity to take place 
without crew members in close proximity to the coupler mechanisms, 
eliminates the need for specially placed uncoupling levers and any 
hazard associated with manual coupling.
    The SNJLRT vehicles will use dynamic brakes. The dynamic brakes 
will be supplemented by friction brakes and track brakes. NJ Transit 
will require regular inspections, testing, maintenance and operation of 
the brake equipment on the SNJLRT vehicle as required by Section 5 of 
the NJDOT SSPP. Specific operational procedures and inspection testing 
and maintenance intervals and protocols will be set forth in the SSPP. 
Therefore, the SNJLRT vehicle brake system will be equivalent to a 
standard air brake system and thus provide an equivalent level of 
safety.
    NJ Transit is aware that it may obtain exemption from the statutory 
safety appliance requirements mentioned above only if application of 
such requirements would ``preclude the development or implementation of 
more efficient railroad transportation equipment or other 
transportation innovations.'' 49 U.S.C. 20306. The exemption for 
technological improvements was originally enacted to further the 
implementation of a specific type of freight car, but the legislative 
history shows that Congress intended the exemption to be used elsewhere 
so that ``other types of railroad equipment might similarly benefit.'' 
S. Rep. 96-614 at 8 (1980), reprinted in 1980 U.S.C.C.A.N. 1156, 1164.
    FRA has recognized the potential public benefits of temporally 
separated transit use on segments of the general railroad system. Light 
rail transit systems ``promote more livable communities by serving 
those who live

[[Page 46000]]

and work in urban areas without adding congestion to the nation's 
overcrowded highways.'' Policy Statement at 28238. They ``take 
advantage of underutilized urban freight rail corridors to provide 
service that, in the absence of the existing right-of-way, would be 
prohibitively expensive.'' Id. There have been many technological 
advances in types of equipment used for passenger rail operations, such 
as the use of light rail transit vehicles that will be used for the 
SNJLRT System. Light rail transit equipment is energy-efficient for 
passenger rail operations because it is lighter than conventional 
passenger equipment. Light rail vehicles are able to quickly accelerate 
or decelerate, which makes them more suitable than other equipment 
types in systems with closely-configured stations.
    With regard to the regulatory requirements of Sec. 231.14, as 
discussed above, the SNJLRT vehicles will be equipped with safety 
appliances that are more appropriate for light rail transit vehicles, 
thus achieving an equivalent or superior level of safety in the SNJLRT 
operating environment.

Section 238.113--Emergency Window Exits

    Section 238.113 requires passenger cars to have a minimum of four 
emergency exit windows, either in a staggered configuration or with one 
located at each end at each side of the car. Each window must have a 
minimum unobstructed opening with dimensions of 26 inches horizontally 
and 24 inches vertically. Each emergency exit window must be easily 
operable without requiring the use of a tool or other implement. This 
requirement is intended to provide for sufficient, easily accessible 
avenues of egress from passenger cars in the case of emergency.
    Justification. NJ Transit requests a waiver of this requirement 
because the SNJLRT vehicles do not come equipped with emergency exit 
windows. The cars, however, are designed to permit sufficient 
equivalent egress so that passengers will not become trapped in the 
cars in the case of emergency.

Section 238.115(b)--Emergency Lighting

    Section 238.115(b)(4) requires passenger cars to provide battery-
powered emergency lighting with a 90-minute back-up power system 
capable of operating without a loss of more than 40% minimum 
illumination levels in all equipment orientations within 450 of the 
upright and vertical position, and capable of operating after the 
initial shock of a collision or derailment resulting from prescribed 
individually applied accelerations. The purpose of these requirements 
is to ensure that in an emergency situation, sufficient lighting will 
remain available to aid passengers, crew members, and rescue personnel 
to access and leave the train safely.
    Justification. NJ Transit requests a waiver of these requirements 
because power for the emergency lighting is provided by a battery with 
sufficient capacity to sustain emergency loads, including the above 
lighting, and radio and public address systems, for a period of at 
least one hour. Additionally, the battery will have sufficient capacity 
to sustain power to door controls, propulsion and brake controls, 
coupler control and the horn and bell for a period of at least one 
hour. The battery is located in the central power unit, removed from 
the front of the vehicle where direct collisions may occur. The battery 
is designed for transit use which requires a rugged design capable of 
withstanding reasonable shock and vibration. The batteries mountings 
are designed to withstand not less than 5.0 g in the longitudinal 
direction, 2.0 g in the lateral direction and 3.0 g in the vertical 
direction.
    The SNJLRT vehicles will operate in an urban/suburban region and 
the route is at-grade, with many points of easy access for emergency 
rescue units from adjacent streets. In most locations, emergency 
responders can reach the SNJLRT system within 15 minutes. Even on the 
most remote section of the system, a three-mile stretch along Duck 
Island, emergency responders could reach the system within sixty 
minutes. Additionally, the headway between SNJLRT vehicles is no more 
than thirty minutes and each vehicle has the capability of acting as a 
rescue car by coupling with a failed unit and moving it to the next 
stop for detrainment of passengers. The rescuing car can supply 
sufficient electrical power to the failed vehicle for the emergency 
lighting and other functions. In the event that the last scheduled 
vehicle of the day lost power, the previous vehicle would be returned 
to recover the failed vehicle.

Section 238.203--Static End Strength

    Section 238.203 provides for the overall compressive strength of 
rail passenger cars, requiring them to have a minimum static end 
strength of 800,000 pounds on a line of draft at the ends of occupied 
volumes without permanent deformation of the car body structure. This 
section is intended to prevent sudden, brittle-type failure of the main 
structure of a passenger car, thereby providing protection of occupants 
in the case of a crash.
    Justification. NJ Transit requests a waiver from this requirement 
because the SNJLRT vehicle will be designed to attain a sufficient 
level of safety in the SNJLRT operating environment. The strict 
temporal separation of the SNJLRT and Conrail services virtually 
eliminates the risk of a collision between a SNJLRT vehicle and a 
Conrail train, obviating the need for SNJLRT equipment to meet 
conventional railroad car structural standards. Instead, the SNJLRT 
vehicles are designed to withstand collisions with other light rail 
vehicles, motor vehicles and similar objects. Relevant aspects of these 
design standards are described below.
    As noted above, the SNJLRT collision avoidance system is at the 
heart of the SNJLRT safety design. Marked by complementary elements 
such as operating rules and procedures, train control technology and 
the SNJLRT signal system, the collision avoidance system will 
significantly reduce the likelihood of collisions involving SNJLRT 
vehicles. All signals capable of displaying ``stop'' aspect will 
incorporate a trip-stop which will initiate a penalty brake application 
if a SNJLRT vehicle passes a ``stop'' signal aspect. Moreover, the 
SNJLRT vehicle's rapid deceleration design features will work to 
further reduce the prospect of collisions and to significantly reduce 
the closing speed, and accordingly, the seriousness of collisions that 
do occur.
    Above and beyond the crash avoidance features of the SNJLRT System, 
the SNJLRT vehicles are designed to prevent sudden, brittle-type 
failure of the main structure of a passenger car. The vehicle design 
accommodates the actual progression of a failure induced by a sudden 
collision phenomenon; from the elastic limit, through the plastic 
limit, to a brittle failure. NJ Transit requires the SNJLRT vehicles to 
be manufactured to comply with the standards as summarized below:
    1. The passenger compartment will be capable of sustaining, without 
any permanent deformation, at least 1.5 AWO longitudinal loads 
(approximately 171,000 pounds) applied uniformly at the ends of the 
passenger compartment, with a uniformly distributed AW4 vertical load 
(approximately 165,375 pounds).
    2. With the vehicle uniformly loaded to AW4, the end sill structure 
will be capable of: sustaining loads up to the peak collapse load of 
the crush zone without permanent deformation; sustaining the reaction 
loads generated from the loads specified for collision posts, corner 
posts and anti-climbers without permanent deformation; and

[[Page 46001]]

distributing the collision loads incurred during scenarios specified 
for crashworthiness, such that the collapse of the energy absorption 
elements in the crush zones is the primary failure mode.
    3. Vehicles will be capable of withstanding collisions with other 
SNJLRT vehicles, motor vehicles, or overtravel buffers without 
unnecessary risk of injury to passengers or excessive damage to SNJLRT 
cars and/or track equipment. In a collision, no passenger compartment 
shell will rupture or suffer any opening through which passengers' 
limbs may protrude; no compartments within the engine compartment will 
become dislodged and penetrate into the passenger compartment; high 
voltage devices and associated connecting cables will remain contained 
and will not create electrical shock hazards to personnel; and 
electrical and diesel systems will not create a fire hazard.
    To achieve the objective of crashworthiness, a crash energy 
management approach was used as the basis of the SNJLRT vehicle 
structural design. Further, as it is expected that during peak hours 
that some passengers will stand, it was deemed important to minimize 
the deceleration of passengers in the event of a frontal collision. In 
a collision between a SNJLRT vehicle moving at speed V and a stationary 
SNJLRT vehicle (i) both consists on level tangent track and unbraked, 
(ii) couplers fully engaged, (iii) either SNJLRT vehicle either one or 
two vehicles (i.e. the normal consist for comprising cars normally used 
in revenue service), and (iv) any SNJLRT vehicle having a weight of AWO 
(114,600 pounds):

                    Velocity Crash Energy Management
------------------------------------------------------------------------
 
------------------------------------------------------------------------
V5......................  No damage to any SNJLRT car or
                                      equipment, and the maximum
                                      longitudinal acceleration measured
                                      in any passenger compartment will
                                      not exceed l.0g.
515...................  Damage confirmed to the expendable
                                      energy absorption devices and
                                      sacrificial structural members at
                                      the ends of the SNJLRT cars, which
                                      will be repairable. The primary
                                      structure enclosing the passenger
                                      compartment(s) will remain intact,
                                      with no permanent deformation of
                                      any of its members. The maximum
                                      longitudinal acceleration measured
                                      in any passenger compartment will
                                      not exceed 2g.
------------------------------------------------------------------------

    In addition to the above, the SNJLRT cars have an aggressive 
emergency deceleration rate of an average of 4.5 mph/sec through all 
entry speeds. In an impending collision scenario this emergency brake 
rate capability has the potential to reduce speeds prior to impact.

Section 238.205(a)--Anti-climbing Mechanism

    Section 238.205(a) requires locomotives (as defined in Sec. 238.5) 
to have forward and rear end anti-climbing mechanisms capable of 
resisting an upward or downward vertical force of 200,000 pounds 
without failure. These requirements are intended to prevent override or 
telescoping of one passenger train unit into another in the event of 
high compressive forces-caused by a derailment or collision.
    Justification. NJ Transit requests a waiver of this requirement 
because the SNJLRT vehicle will be designed so that: with only two ribs 
of the anticlimbing mechanism engaged, and a vertical load of + 40,000 
pounds combined with a longitudinal compressive load of AWO applied at 
the carbody centerline, there will be no permanent deformation of the 
carbody structure. In addition, crush elements within the couplers are 
able to absorb a certain amount of energy in recoverable energy 
absorption elements. When this occurs, the coupler moves back until the 
anti-climbers of the colliding vehicles touch and the loads are taken 
by the carbodies directly. Anti-climbers are fitted to the front end of 
the cars to avoid telescoping.
    While individual structural elements will not conform to the 
requirement of Sec. 238.205(a), the assembled carbody uses ``crush 
zones'' and other techniques to protect passengers in the event of 
collisions. Specifically the SNJLRT vehicle is designed using advanced 
computer methods to incorporate modern energy absorbing and dissipation 
methods to dissipate energy and transfer loads and protect the 
passenger compartment. The anti-climbers and energy absorption 
mechanisms are designed to limit the potential for override and 
underride and prevent telescoping. The SNJLRT vehicle design will 
achieve the uniformity of end structure deformation essential to this 
objective. Moreover, because the strict temporal separation of the 
SNJLRT and Conrail services virtually eliminates the risk of SNJLRT 
vehicle/Conrail train collisions, there is no need for the SNJLRT 
vehicles to meet the more stringent requirements applicable to 
conventional railroad equipment.

Section 238.207--Link Between Coupling Mechanism and Car Body

    Section 238.207 requires the link between the car coupling 
mechanism and the car body to be designed to resist a vertical downward 
thrust from the coupler shank of 100,000 pounds for any normal 
horizontal position of the coupler, without permanent deformation. The 
purpose of this requirement is to avoid a premature failure of the 
draft system so that the anticlimbing mechanism will have an 
opportunity to engage.
    Justification. NJ Transit requests a waiver from this requirement 
because the SNJLRT vehicle has its own design features to accomplish 
the purpose of the requirement. As noted above, the strict temporal 
separation of the SNJLRT and Conrail services virtually eliminates the 
risk of a collision between a SNJLRT vehicle and a Conrail train, 
obviating the need for SNJLRT equipment to meet conventional railroad 
car structural standards. Instead, the SNJLRT vehicles are designed to 
withstand collisions with other light rail vehicles, motor vehicles and 
similar objects. Relevant aspects of these design standards are 
described below.
    The SNJLRT vehicle will be designed so that the carbody structure 
supporting the coupler will sustain, without permanent deformation, a 
load that is equal to 110 percent of the coupler release load (if 
applicable) or failure load applied at the coupler brackets, with a 
uniformly distributed AW4 (165,375 pounds) vertical load. In addition, 
the method of attaching the coupler to the coupler anchor bracket(s) 
will allow the coupler to become fully released from the coupler anchor 
bracket(s) once the coupler has absorbed its maximum design energy. The 
coupler will be contained and prevented from coming in contact with the 
track or from protruding into the passenger compartment. The coupler 
and draft gear will withstand an operating consist with an AW3 (154,350 
pounds) passenger load, pushing or pulling an unpowered consist with an 
AW3 passenger load, over all grades and curves on SNJLRT Line, without 
damage to the coupler.

[[Page 46002]]

    The intent of the SNJLRT vehicle design is to prevent the coupler 
shank from contributing to potential damage during a frontal collision. 
The approach taken is to release the coupler from mechanical connection 
to the carbody once it has absorbed its maximum design energy. When 
this occurs the coupler assembly is separated from the coupler 
anchorage on the car structure. The coupler is retained to prevent it 
from coming into contact with the track or from protruding into the 
passenger compartment. This feature is provided to reduce the risk of 
derailment and penetration of the occupied space.

Section 238.209--Forward-Facing End Structure of Locomotives

    Section 238.209 requires the skin of the forward-facing end of each 
locomotive to be: equivalent to a \1/2\ inch steel plate with a 25,000 
pounds per square inch yield strength; designed to inhibit the entry of 
fluids into the occupied cab area of the locomotive; and affixed to the 
collision posts or other main vertical structural members so as to add 
to the strength of the end structure. These requirements are intended 
to provide protection to persons in the occupied area of the locomotive 
cab.
    Justification. NJ Transit requests a waiver of the requirements in 
this section because the SNJLRT vehicle will be designed to attain a 
sufficient level of safety in the SNJLRT operating environment. As 
noted above, the strict temporal separation of the SNJLRT and Conrail 
services virtually eliminates the risk of a collision between a SNJLRT 
vehicle and a Conrail train, obviating the need for SNJLRT equipment to 
meet conventional railroad car structural standards. Instead, the 
SNJLRT vehicles are designed to withstand collisions with other light 
rail vehicles, motor vehicles, and similar objects. Relevant aspects of 
these design standards are described below.
    As noted above, the SNJLRT collision avoidance system is at the 
heart of the SNJLRT safety design. Marked by complementary elements 
such as operating rules and procedures, train control technology, and 
the SNJLRT signal system, the collision avoidance system will 
significantly reduce the likelihood of collisions involving SNJLRT 
vehicles. Moreover, the SNJLRT vehicle's rapid deceleration design 
features have the potential to mitigate the prospect of collisions and 
to significantly reduce the closing speed, and accordingly, the 
seriousness of collisions that may occur.
    In addition, the SNJLRT system provides improved grade crossing 
protection for the operator, passenger and vehicle through the use of 
the crossing warning indicators which alert the operator to the gate 
function and status. These indicators are comprised of lunar white 
aspects, visible to the vehicle operator from at least a normal service 
braking distance from the crossing. A flashing indication shall be 
given at any time when the gates are operating and between fully down 
and up positions. When the gates are fully down the indication shall be 
steady. The operator can respond accordingly if a malfunction is 
observed.
    With respect to the specific design of the forward-facing end 
structure, the SNJLRT vehicle is similar to a push-pull cab 
configuration. The operator's cab floor height is 44'' and the vehicle 
provides 171,000 pounds of buff strength.

Section 238.211--Collision Posts

    Section 238.211 requires locomotives to have two full-height 
collision posts at each end where coupling and uncoupling are expected. 
Each collision post must have an ultimate longitudinal shear strength 
of not less than 500,000 pounds at a point even with the top of the 
underframe member to which it is attached and a longitudinal shear 
strength of not less than 200,000 pounds exerted at 30 inches above the 
joint of the post of the underframe. Alternatively, cars may be 
constructed with an end structure that can withstand the sum of forces 
that each collision post is required to withstand. This requirement is 
intended to provide for protection against crushing of occupied areas 
of passenger cars in the event of a collision or derailment.
    Justification. NJ Transit requests a waiver of this requirement 
because the SNJLRT vehicle will have collision posts, or a structural 
equivalent, protecting at least the area between the underframe and the 
bottom of the windshield. NJ Transit believes the SNJLRT vehicle design 
will provide an adequate measure of safety. The strict temporal 
separation of the SNJLRT and Conrail services virtually eliminates the 
risk of a collision between a SNJLRT vehicle and a Contrail train, 
obviating the need for SNJLRT equipment to meet conventional railroad 
car structural standards. Instead, the SNJLRT vehicles are designed to 
withstand collisions with other light rail vehicles, motor vehicles and 
similar objects. Relevant aspects of these design standards are 
described below.
    As noted above, the SNJLRT collision avoidance system is at the 
heart of the SNJLRT safety design. Marked by complementary elements 
such as operating rules and procedures, train control technology, and 
the SNJLRT signal system, the collision avoidance system will 
significantly reduce the likelihood of collisions involving SNJLRT 
vehicles. Moreover, the SNJLRT vehicle's rapid deceleration design 
features will work to further reduce the prospect of collisions and to 
significantly reduce the closing speed, and accordingly, the 
seriousness of collisions that do occur.
    In order to preclude sudden catastrophic failure or telescoping of 
SNJLRT cars, all connections which attach collision posts, corner posts 
and structural shelf to each other and/or the underframe structure and 
roof structure, will be made in such a manner to develop the full 
strength of the load bearing members in shear. The ultimate shear 
strength of the collision posts will be not less than a compression 
load of AWO (114,660 lbs) applied at the top of the underframe, and at 
any angle up to  15 deg. from the longitudinal axis. A 
compression load of 0.5 AWO (57,330 lbs) similarly applied 15 inches 
above the top of the underframe will cause no yielding of the collision 
posts. MI underfloor, roof mounted and engine compartment equipment 
weighing more than 200 pounds will be designed to withstand not less 
than 5.0 g in the longitudinal direction, 2.0 g in the lateral 
direction, and 3.0 g in the vertical direction. These loads applied 
separately will not result in stresses that exceed 90 percent of the 
yield or buckling strength of the material.
    These design requirements provide for the same type of protection 
of the occupant space as the FRA collision posts requirements, but do 
so in a way consistent with the design of the SNJLRT vehicle. As noted 
elsewhere herein, the SNJLRT vehicle is designed using advanced 
computer methods to incorporate modern energy absorbing and dissipation 
methods as part of an overall protection system designed to dissipate 
energy and transfer loads from impacts to protect the passenger 
compartment. As part of this system, the SNJLRT collision posts provide 
protection for the occupied volume of the vehicle shell during a 
collision. Thus, the SNJLRT vehicle effectively isolates passengers and 
crew from the hazards of penetration.
    NJ Transit also notes that a portion of the SNJLRT system alignment 
consists of street running. To operate safely in this environment the 
operator requires good visibility to monitor road and pedestrian 
traffic around the vehicle. Conventional collision post designs may 
result in visual obstructions for the operator. This improved 
visibility is

[[Page 46003]]

also beneficial when operating on the mainline railroad portion of the 
route.

Section 238.213--Corner Posts

    Section 238.213 requires two full-height corner posts at the end of 
each vehicle capable of resisting, without failure, a load of 150,000 
pounds at the point of attachment to the underframe and a load of 
20,000 pounds at the point of attachment to the roof structure. Each 
corner post must be able to resist a horizontal load of 30,000 pounds 
applied 18 inches above the top of the floor without permanent 
deformation. These requirements serve to provide protection to occupant 
compartments from side-swipe type collisions.
    Justification. NJ Transit requests a waiver of this requirement 
because the SNJLRT vehicle will be designed to attain a sufficient 
level of safety in the SNJLRT operating environment. As noted above, 
the strict temporal separation of the SNJLRT and Conrail services 
virtually eliminates the risk of a collision between a SNJLRT vehicle 
and a Contrail train, obviating the need for SNJLRT equipment to meet 
conventional railroad car structural standards. Instead, the SNJLRT 
vehicles are designed to withstand collisions with other light rail 
vehicles, motor vehicles, and similar objects. Relevant aspects of 
these design standards are described below.
    As noted above, the SNJLRT collision avoidance system is at the 
heart of the SNJLRT safety design. Marked by complementary elements 
such as operating rules and procedures, train control technology and 
the SNJLRT signal system, the collision avoidance system will 
significantly reduce the likelihood of collisions involving SNJLRT 
vehicles. Moreover, the SNJLRT vehicle's rapid deceleration design 
features will work to further reduce the prospect of collisions and to 
significantly reduce the closing speed, and accordingly, the 
seriousness of collisions that do occur.
    The SNJLRT vehicle corner posts will have an ultimate shear 
strength not less than a compression load of 0.5 AWO (57,330 lbs) 
applied at the top of the underframe; compression load of 0.3 AWO 
(3,500 lbs) applied 15 inches above the top of the underframe, or at 
the level of the structural shelf (whichever is higher), and which when 
applied in any direction, will cause no yielding of the corner posts. 
Also, any underfloor, roof mounted, and engine compartment equipment 
weighing more than 200 pounds will be designed to withstand not less 
than 5.0 g in the longitudinal direction, 2.0 g in the lateral 
direction, and 3.0 g in the vertical direction, and when these loads 
are applied separately they will not result in stresses that exceed 90 
percent of the yield or buckling strength of the material.
    Here too, while individual structural elements of the SNJLRT 
vehicle may not conform to the specific requirements, the assembled 
carbody uses ``crush zones'' and other energy absorption and 
dissipation techniques to protect passengers in the event of 
collisions. As part of this system, the corner posts extend from the 
underframe to the roof structure and may be combined with the collision 
posts and underframe to become part of the end structure. This design 
effectively isolates passengers and crew from the hazards of 
penetration, thereby providing protection for the occupied volume of 
the vehicle shell during a collision.
    As noted above, a portion of the SNJLRT system alignment is in 
streets. To operate safely in this environment, the vehicle operator 
requires good visibility to monitor road and pedestrian traffic around 
the vehicle. Conventional corner post designs might result in visual 
obstructions for the operator. The superior visibility of the SNJLRT 
vehicle is also beneficial when operating on the railroad corridor 
portion of the route.

Section 238.215--Rollover Strength

    Section 238.215 sets forth the structural requirements intended to 
prevent significant deformation of the occupant compartments of 
passenger cars, in the event the car rolls onto its side or roof. Under 
this section, a passenger car must be able to support twice the dead 
weight of the vehicle while the vehicle is resting on its roof or side.
    Justification. NJ Transit requests a waiver of this requirement 
because the SNJLRT is designed such that the roof will have sufficient 
strength to support, without permanent deformation, concentrated loads 
of 250 pounds per person as applied by a person walking on the roof, 
with a maximum of three persons there at any given time. As noted 
above, the underfloor, roof mounted and engine compartment equipment 
weighing greater than 200 pounds will be designed to withstand not less 
than 5.0 g in the longitudinal direction, 2.0 g in the lateral 
direction, and 3.0 g in the vertical direction and, when these loads 
are applied separately, they will not result in stresses that exceed 90 
percent of the yield or buckling strength of the material. With a 
compression load of 40,000 pounds applied to the side wall at the side 
sill, and distributed along 8 feet, and a compression load of 10,000 
pounds applied to the side wall at the belt rail, there will be no 
yielding or buckling of the carbody structure.
    The features specified above are designed to enhance 
crashworthiness and protect the occupied volume. The SNJLRT vehicle 
incorporates a lightweight low floor design, which lowers the center of 
gravity as well as the load conditions in rollover circumstances. The 
lower center of gravity makes the SNJLRT vehicle less prone to rollover 
than a standard commuter rail car. Moreover, in the unlikely event of a 
rollover, the lighter weight of the SNJLRT car means that the roof does 
not have to support as much weight as would a standard commuter rail 
car. In addition, the bulk of the equipment, including the propulsion 
system and powered truck, is located in the articulated center segment 
of the vehicle and poses no direct hazard to passengers in the event of 
a rollover.
    In the unlikely event that a derailment leading to a rollover 
occurs, the SNJLRT vehicle specifications provide for structural 
protection of the occupant compartments and, in conjunction with the 
other safety design features of the vehicles, will provide an 
equivalent measure of safety.

Section 238.217--Side Structure

    Section 238.217 sets strength requirements for side posts and 
corner braces. This section also requires that outside sheathing of 
mild, open-hearth steel, when used flat and without reinforcement in 
certain side frames, be no less than \1/8\-inch nominal thickness. When 
sheathing used for truss construction serves no load-carrying function, 
the minimum thickness is 40 percent of \1/8\-inch nominal thickness. 
These specifications are intended to provide for additional structural 
protection, so that a car will derail before it collapses into the 
occupant compartments.
    Justification. NJ Transit requests a waiver of these requirements 
because the SNJLRT vehicle is designed so that with a compression load 
of 40,000 pounds applied to the side wall at the side sill, and 
distributed along 8 feet, and a compression load of 10,000 pounds 
applied to the side wall at the belt rail, there will be no yielding or 
buckling of the carbody structure. The approach used in designing the 
SNJLRT aluminum carbody vehicle involved minimizing weight while 
providing maximum protection for passengers, consistent with the 
service requirements. The floor level and design of the SNJLRT vehicle 
likely will prove superior to the typical low floor light rail vehicle 
in side impact collisions at

[[Page 46004]]

grade crossings. The low floor portion of the car is 22'' above top of 
rail, which is higher than a typical low floor vehicle. This affords 
better protection for the rail passenger should a highway vehicle 
strike it. The vehicle also has a well-lit interior and external 
indicator and marker lights, and will therefore be more conspicuous 
than a regular commuter or freight train.
    Additionally, the relatively short train length [typically 102.5 
feet (one car), with a maximum of 205 feet (two cars)] ensures that the 
vehicle will not obstruct a grade crossing for an extended time period. 
This, in conjunction with constant warning time crossing protection, 
will encourage observation of grade crossing warnings.

Section 238.221--Glazing

    Section 238.221 reiterates the safety glazing standards of 49 CFR 
part 223 and establishes standards for glazing securement components. 
The new requirements for glazing securement are designed to ensure that 
the glazing frame be capable of holding the glazing in place against 
all forces which it is required to resist under part 223, and forces 
created by air pressure differences caused when two trains pass at 
their authorized maximum speeds in opposite directions at the minimum 
track separation for two adjacent tracks. Glazing forced from the 
window opening is a potential hazard. Proper securement of glazing 
assists in retaining persons within the vehicle in the event of a 
collision or derailment.
    Justification. SNJLRT vehicles will meet the window securement 
requirements so no waiver is sought relative to that requirement. NJ 
Transit has already stated a basis for a waiver request for the 
remaining provisions as noted under part 223.

Section 238.223--Fuel Tanks

    This section provides for the structural requirements applicable to 
external and internal fuel tanks. External fuel tanks must comply with 
Association of American Railroads (AAR) recommended practice 506, 
Performance Requirements for Diesel Electric Locomotive Fuel Tanks, or 
an industry standard providing at least equivalent safety. Internal 
fuel tanks must be positioned to reduce the likelihood of accidental 
penetration from roadway debris or collision. The vent system and spill 
protection systems must be designed to prevent them from becoming a 
path for fuel loss for any tank orientation due to a locomotive 
overturning. The bulkheads and skin must have a minimum steel plate \3/
8\ of an inch thick with a 25,000 pound yield strength, or be made with 
a material with an equivalent strength. These requirements are designed 
to keep the fuel tank from being punctured and from being a conduit for 
fuel spillage if a locomotive tips over.
    Justification. NJ Transit requests a waiver of these requirements 
because the SNJLRT vehicle will have an internal fuel tank and filler 
pipes that will be protected from the passenger compartment by fire 
barrier material, and which will be properly insulated to prevent fire 
danger. The fuel tank will be constructed and located in a manner that 
will permit filling and draining from the outside of the vehicle only. 
Filler pipes will be equipped to complement filler hoses fitted with 
dry-break mechanical interlocks. The SNJLRT vehicle will be equipped 
with a safety cut-off device directly on the fuel line to the diesel 
engine which meets the requirements stated within the FRA locomotive 
safety standards, 49 CFR 229.93, Internal Combustion Equipment, Safety 
Cut-off Device. The fuel tanks, engine and propulsion equipment are 
located in the drive unit positioned in the center of the articulated 
vehicle. The main fuel tank is located above the floor, and two 
additional fuel tanks are located within the side frame under the 
floor. The fuel tank was designed in accordance with UC Standard 627, 
and will comply with the requirements of FHWA motor carrier safety 
standards for fuel systems, 49 CFR 393.67. Refueling is done without 
pressure and there are level sensors to protect against overspilling.
    The fuel tank design ensures that the passenger compartment is 
isolated from the fuel tanks and engine. The central placement of the 
drive unit provides significant protection for fuel storage and piping 
system. The fuel tanks are located above the floor line or between the 
side frame rails. The drive unit structure protects fuel storage and 
piping.
    During a derailment the carbody structure is more likely to come 
into contact with the rails than the fuel tanks. Therefore it is 
unnecessary to supply the heavy bulkhead ends required by the AAR 
recommended practice 506. In addition, as part of the final design 
process, the SNJLRT Contractor will complete a full safety review of 
the fuel tanks and systems to demonstrate that the design is safe and 
meets appropriate sections of FHWA motor carrier fuel tank standards 
set forth at 49 CFR part 393. This design meets FRA safety objectives, 
but in a manner more appropriate to the SNJLRT vehicle and its 
operation.

Section 238.233--Interior Fittings and Surfaces

    Section 238.233 requires each seat in a passenger car to be 
securely fastened to the carbody so as to withstand individually 
applied acceleration of 4g acting in the vertical and in the lateral 
direction on the deadweight of the seat (or seats if a tandem unit). 
Seat attachments must have an ultimate strength capable of resisting a 
longitudinal inertial force of 8g acting on the mass of the seat plus 
the impact force of the mass of an unrestrained 95th percentile male 
occupant striking the seat from behind when the floor to which the seat 
is attached decelerates with a triangular crash pulse having a peak of 
8g and a duration of 250 milliseconds. This section also requires 
overhead racks to provide longitudinal and lateral restraint for stowed 
articles and be attached to the car body with sufficient strength to 
resist loads due to a longitudinal force of 8g, a vertical force of 4g 
and a lateral force of 4g. Other interior fittings must meet the same 
strength requirements. In addition, to the extent possible, all 
interior fittings in the passenger car are to be recessed or flush-
mounted, and sharp edges and corners in the locomotive cab or passenger 
car will be either avoided or padded. Floor mounted seats provided for 
a crew member assigned to occupy the cab of a locomotive must be 
capable of withstanding the same load limits as required for overhead 
storage racks, with the mass being that of the seat and a 95th-
percentile male crew member. These requirements are designed to reduce 
the likelihood and severity of injury to train occupants caused by the 
dislodging of seats or other interior items, or by occupants striking 
interior items in the event of an accident.
    Justification. NJ Transit requests a waiver of these requirements 
because the seats and interior fittings of the vehicle have been 
designed for the SNJLRT operating environment. The vehicle is designed 
such that the passenger seat will consist of a cantilevered supporting 
structure, shell and cushion inserts for the seat and back. The vehicle 
seats are cantilevered from the side of the car, which permits 
placement of luggage beneath the seats. Aspects of this regulation are 
more appropriate to an intercity vehicle where luggage accompanies most 
passengers. This vehicle is used in local service where luggage is 
typically limited to small carry-on items such as purses, attache 
cases, etc. There is adequate space beneath the cantilevered seats to 
permit stowage of larger pieces

[[Page 46005]]

of luggage, which limits the use of the overhead racks.
    The vehicle interior will provide recess or flush-mounted fittings, 
and readily accessible stanchions and grab rails for passenger safety 
and comfort. Stanchions and grab rails will be sized and located to 
provide optimum arrangement for all passengers. They will be of a color 
distinguishable by the partially sighted. Windscreens will be provided 
adjacent to each doorway, with at least the upper half transparent, and 
will incorporate a stanchion extending from the windscreen to the 
SNJLRT car ceiling. This vehicle also provides more floor space for 
passenger circulation than an intercity or commuter rail car due to its 
service characteristics.
    It is also important to note that the proposed seat attachment 
strength requirements are a function of the proposed 800,000 pound 
compression strength requirement. Because the SNJLRT vehicles, however, 
have different compression strength values, it is not necessary for the 
SNJLRT car to meet the proposed 8g/4g force resistance requirements. In 
the SNJLRT vehicles, the provision of crashworthiness features will 
prevent acceleration in the passenger compartment from reaching such 
levels. Rather, the limit for collisions up to 15 mph is 2g. Moreover, 
the high emergency brake rate will mean that most collisions will be at 
a lower speed than would be the case with conventional commuter rail 
cars.

Section 238.235--Doors

    Section 238.235 provides that each passenger must have a minimum of 
two exterior side doors, with each door providing a minimum clear 
opening of 30 inches horizontally and 74 inches vertically. This 
section also provides for the availability of override devices enabling 
the opening of doors without power from both the inside and outside of 
the cars without the use of a tool or other implements.
    Justification. NJ Transit requests a waiver of these requirements 
because the SNJLRT vehicle is designed with an emergency release lever 
on the inside of each doorway and for at least one doorway per side on 
the outside of the vehicle. This will enable a closed and interlocked 
door to be lock-released without power supply. Activation of the 
emergency release levers will allow the door levers to be manually 
moved. The interior emergency door release levers will be clearly 
marked and will be in a location accessible to all passengers, 
consistent with ADA requirements.
    The SNJLRT vehicle will have doorways on both sides to permit 
egress time of an AW2 load in less than 120 seconds. The passenger 
doorways are two-panel sliding plug type and flush with carbody in the 
closed position. They are opened and closed pneumatically and provide 
direct access from the platform to the car interior. There is no 
vestibule with secondary door access through a partition to the 
passenger compartment. The clear opening is 52.38 inches. The car has 
two doors per side in the low floor area. This door configuration 
permits evacuation of an AW2 (67 Tons--180 Passengers) car from either 
side in 100 seconds. Also, with regard to access, all windows can be 
safely shattered to provide additional access/egress locations.

Section 238.237--Automated Monitoring

    Section 238.237 requires that controlling locomotives have working 
alerters. The alerter timing must be set by the operating railroad 
taking into consideration maximum train speed and signal system 
capabilities. Under this section, the working alerter must initiate a 
penalty brake application if the train operator does not respond to the 
alerter. If the alerter fails en route a second qualified person will 
be stationed in the cab or the operator will be in constant 
communication with a second crew member until the train reaches the 
next terminal. These requirements are intended to prevent a train 
collision or derailment due to the inattention or incapacity of the 
train operator, that would result in loss of control of the train.
    Justification. NJ Transit requests a waiver from these requirements 
because the SNJLRT vehicle is equipped with its own controller and 
audible alerter features to provide an equivalent level of safety. If a 
vehicle operator fails to respond to an alerter approximately every 30 
seconds, the vehicle goes into an immediate penalty brake application. 
A keyed control switch will be provided, which is interlocked such that 
only the master controller at the front end of the lead SNJLRT car of a 
consist is operable. The braking demand of the master controller and 
braking handle always has priority over the motoring demand. The drive 
control unit controls and supervises the protective functions of the 
propulsion converter.
    In addition to the master controller, redundant safety systems are 
provided. For example, the vehicle is also controlled by enforce-stop 
devices which initiate a brake application if the vehicle fails to 
respond to signal commands. Also, an emergency stop push-button will be 
provided such that, when pushed, it will activate the emergency brakes. 
It will be possible to activate the emergency stop push-button from any 
console in a consist. Finally, the SNJLRT service route involves 
frequent station stops in signaled territory under control of a 
dispatcher.

Section 238.301--Inspection, Testing and Maintenance

    Subpart D of part 238, Secs. 238.301 through 238.319, contains 
requirements pertaining to the inspection, testing, and maintenance of 
the passenger equipment and systems required for Tier 1 passenger 
equipment. These requirements are designed to ensure that passenger 
rail operations are conducted only on vehicles whose components and 
systems are in good working order, thereby reducing both the chances of 
an equipment-related accident and the severity of damage or injury in 
the case of an accident.
    NJ Transit anticipates being in compliance with the requirements of 
subpart D. However, NJ Transit requests a waiver of any requirements 
that correlate to the subpart B or C standards from which NJ Transit 
has sought waivers to depart. SNJLRT equipment will be subject to a 
detailed program of inspection, testing and maintenance, as required by 
the NJDOT SSPS and the SNJLRT SSPP. Specifically, Sec. 5.1.5. of the 
NJDOT SSPS requires the SSPP to provide for periodic and as needed 
maintenance, inspection, and testing of equipment and facilities, as 
well as training and certification of employees in safety-sensitive 
positions. The SNJLRT SSPP will address these issues in detail, setting 
forth specific inspection maintenance and testing schedules and 
protocols for all major equipment, components, and systems.

Part 239--FRA Requirement and Purpose

    Part 239 contains standards for the preparation, adoption, and 
implementation of emergency preparedness plans by railroads connected 
with the operation of passenger trains. It is intended that by 
providing sufficient emergency egress capability and information to 
passengers and by having emergency preparedness plans calling for 
coordination with local emergency response officials, the risk of death 
or injury to passengers, employees and others in the case of accidents 
or other incidents, will be lessened. This rule was adopted as a result 
of several serious crashes involving commuter trains.
    Justification. NJ Transit requests a waiver of this requirement 
because the SNJLRT system will be operated in accordance with the 
emergency

[[Page 46006]]

preparedness specifications of the SNJLRT SSPP, under the oversight of 
the NJDOT's State Safety Oversight Program. The SSPP sets forth 
procedures and requirements dealing with emergency situations tailored 
to the SNJLRT system, but which also draw on the experience of 
emergency preparedness standards from other rail transit systems whose 
operations and equipment more closely resemble the SNJLRT system than 
FRA-regulated commuter rail systems. Section 5.1.4.1 of the NJDOT SSPS 
requires NJ Transit to adopt an emergency response plan and procedures 
which must include a means to communicate and coordinate with external 
emergency response agencies, and provide for emergency simulations and 
drills, and training. Section 9 of the SSPS, Security, requires the 
SSPP to contain Emergency Operating Procedures to deal with a variety 
of emergency situations, including accidents, natural disasters, and 
sabotage or other criminal activities. The SNJLRT SSPP will contain a 
detailed emergency response plan which will provide for contingency 
planning for passenger evacuation and crowd control coordination and 
training and simulation drilling with outside emergency response 
providers. The emergency response plan will also specify required 
emergency equipment.
    In addition to emergency response planning required by Secs. 5 and 
9 of the SSPS, the SSPS requires NJ Transit to engage in a process by 
which hazards occurring in operations, maintenance, and engineering are 
identified and categorized according to severity and likelihood. 
Resolutions to reduce hazards to the lowest level practicable must then 
be considered. See SSPS, Sec. 7, Exhibit C. This process will help the 
SNJLRT contractor to develop the emergency response plan, including the 
design, in advance, of processes for handling exceptions to established 
procedures where situations require them. A hazard resolution matrix 
will be included in the SSPP.
    In addition, the Safety Committee will address emergency 
preparedness issues and provide coordination between NJ Transit, the 
SNJLRT Contractor, Conrail and local emergency response agencies. The 
NJDOT, as part of its oversight activities, will be responsible for 
investigation of accidents and other emergency situations.
    These emergency preparedness standards will provide a level of 
safety equivalent to the FRA requirements in a manner more appropriate 
to the SNJLRT operating environment.
    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 either the request for a 
waiver of certain regulatory provisions or the request for an exemption 
of certain statutory provisions. If any interested party desires an 
opportunity for oral comment, he or she should notify FRA, in writing, 
before the end of the comment period and specify the basis for his or 
her request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA 
1999-5987) and must be submitted to the DOT Docket Management Facility, 
Room PL-401 (Plaza level) 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 this proceeding are available for 
examination during regular business hours (9:00 a.m.-5:00 p.m.) at the 
above facility. 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, D.C. on August 10, 1999.
Michael Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 99-21777 Filed 8-20-99; 8:45 am]
BILLING CODE 4910-06-P