[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Notices]
[Pages 17703-17704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8166]


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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 Alaska Railroad Corporation 
(ARRC) submitted a petition dated November 4, 1999, seeking a waiver of 
compliance from certain requirements of the Federal Railroad 
Administration's (FRA) Passenger Equipment Safety Standards (49 CFR 
part 238). The individual petition is described below, including the 
nature of the relief being requested and the petitioner's arguments in 
favor of relief.

Alaska Railroad Corporation

[Waiver Petition Docket Number FRA-1999-6517]

    ARRC seeks a permanent waiver of compliance with certain provisions 
of 49 CFR part 238 for its ``Whittier Shuttle'' service between Portage 
and Whittier, Alaska. According to ARRC, this shuttle service involves 
a train typically consisting of one locomotive, ten to eighteen general 
service flatcars (modified with full bridge plates between cars), one 
to three gallery coaches, and a baggage car and caboose occupied only 
by train crew members. The train runs on a route of approximately 13 
miles, including two tunnels of 1.0 and 2.5 miles in length, and is 
limited to 30 mph.
    ARRC notes that Whittier is a port community originally constructed 
by the United States Government during the early years of the Second 
World War; there has never been an overland road to Whittier, and the 
shuttle service is vital to the residents of Whittier. This service 
transports highway vehicles, including buses, to and from Whittier on 
the flatcars. Passengers can choose between riding in the passenger 
coaches or remaining inside their highway vehicles on the flatcars 
while the train is in motion. Passengers who choose to ride in their 
highway vehicles are required to remain in their vehicles at all times. 
ARRC makes special provisions for emergency egress from buses as 
detailed in its Operating Circular No. 41 included with the petition. 
ARRC states that while the train is operated, the conductor occupies 
the car (caboose or baggage) at the opposite end of the train from the 
locomotive, and crew members have uninterrupted radio communication 
with each other. According to ARRC, there have been no injuries to any 
passengers as a result of the shuttle operation during its 28 years of 
service. ARRC adds that the state of Alaska is in the process of 
developing an infrastructure for highway travel to Whittier along the 
railroad right-of-way and expects highway travel to begin early this 
year. However, ARRC may need to provide limited shuttle service 
indefinitely for wide highway vehicle loads unable to pass through a 
tunnel by highway travel, depending on the final configuration of the 
road.
    ARRC petitioned FRA for approval to continue use of its shuttle 
operation under 49 CFR 238.203(d) believing that its flat cars may not 
be in compliance with Secs. 238.203(a)(1) and 238.231(i). Section 
238.203(d) contains the procedures for a railroad to petition FRA for 
approval to grandfather usage of rail passenger equipment that does not 
comply with the static end strength requirements for rail passenger 
equipment in Sec. 238.203(a). Specifically, Sec. 238.203(a)(1) 
generally requires that on or after November 8, 1999, all passenger 
equipment resist a minimum static end load of 800,000 pounds applied on 
the line of draft without permanent deformation of the body structure. 
ARRC's petition explains that on the basis of strength calculations 
performed at the time the cars were built, the railroad flat cars used 
to transport highway passenger vehicles are able to support a 
compressive load of 1,250,000 pounds at failure. Section 238.203(b) 
provides that equipment placed in service before November 8, 1999, is 
presumed to comply with the requirements of paragraph (a)(1) unless the 
railroad operating the equipment has knowledge, or FRA makes a showing, 
that such passenger equipment was not built to the requirements 
specified in paragraph (a)(1). Consequently, unless FRA becomes aware 
the equipment does not meet the requirements of paragraph (a)(1), no 
grandfathering approval is required in this instance.
    ARRC has also petitioned FRA for relief from the requirements of 49 
CFR 238.231(i) which provides that passenger cars shall be equipped 
with a

[[Page 17704]]

means to apply the emergency brake that is accessible to passengers and 
located in the vestibule or passenger compartment.
    The passenger equipment safety standards in part 238 are geared 
toward the transportation of passengers in typical passenger equipment 
compartments that have side walls, roofs, windows, doors and other 
structures commonly found on rail passenger cars to provide protection 
to persons riding in those cars. See part 238 subparts B and C, 
standards for existing and new equipment; see also part 239, 
requirements for passenger train emergency preparedness.
    The transportation of passengers on flat cars is not specifically 
addressed by part 238 and, therefore, a waiver of the requirements of 
part 238 is necessary to permit ARRC to continue the service. In 
particular, part 238 has the following requirements designed to protect 
passengers that ARRC flatcars may not meet (additional requirements 
would apply to any new equipment): emergency window exits designed to 
permit rapid and easy removal without requiring the use of a tool or 
other implement (Sec. 238.113); glazing (Sec. 238.221; part 223); 
safety appliances (Sec. 238.229); and brake system (Sec. 238.231, 
especially (i)--a means to apply the emergency brake that is accessible 
to passengers and located in the vestibule or passenger compartment). 
FRA assumes that ARRC is seeking relief from each of the enumerated 
sections, but will be consulting with ARRC whether this assumption is 
correct.
    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 1999-
6517) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. Communications received within 45 days of the date of this 
notice will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at 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, DC on March 29, 2000.
Grady C. Cothen, Jr.
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-8166 Filed 4-3-00; 8:45 am]
BILLING CODE 4910-06-P