[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Notices]
[Pages 27627-27628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12633]


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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 with certain 
requirements of its safety standards. 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.

Oregon Department of Transportation

(Waiver Petition Docket Number FRA-2003-15168)

    The State of Oregon, Department of Transportation (ODOT) owns three 
self-propelled passenger coaches (Railway Diesel Cars--RDC) which were 
built by the Budd Company in 1956. These cars are not used in regular 
commuter service, but only on a limited seasonal

[[Page 27628]]

basis in conjunction with the Lewis and Clark Expedition bicentennial. 
The cars operate one round trip per day, four days per week (Thursday 
to Sunday), on trackage owned by the Portland and Western Railroad. The 
excursion trains operate from a station in Portland, Oregon to Astoria, 
Oregon where passengers may board special shuttle busses to nearby Fort 
Clatsop National Historic Site where Lewis and Clark wintered over in 
1805-06.
    The route traversed by this train goes through three very different 
types of geography:
    1. The first four miles of BNSF track and first two miles of the 
Portland & Western Railroad are mostly through an industrial area of 
northwest Portland. This route is also used by Portland to Seattle, 
Washington intercity trains. Vandalism to passenger trains has not been 
reported as being a problem;
    2. The next 87 miles is mostly rural and a light density population 
area. This section has no known history of vandalism or incidents of 
property damage to railroad equipment;
    3. The last six miles in Astoria is located on fills and trestles 
with no public access to trackside. The final segment is adjacent to 
the Astoria Waterfront Trolley which has not been subjected to 
incidents of vandalism.
    ODOT requests temporary relief from the requirements of Title 49 
Code of Federal Regulations (CFR) 223.15 Requirements for existing 
passenger cars due to the infrequent use of the cars, the planned usage 
for excursion service, and the cost schedule of installing compliant 
glazing prior to initiation of service. The cars are former VIA Rail 
Canada equipment and have a double-pane combination of \1/4\-inch thick 
safety glass inside and plate glass outside. This glazing system 
remains the standard in Canada for passenger equipment and these cars 
are fully compliant with Canadian glazing standards. Also, removable 
emergency exit windows have been installed in each car as required by 
49 CFR 223.15(c). Therefore, the petitioner believes that the operation 
of these cars, as equipped, would not pose a safety hazard to 
passengers or employees.
    ODOT intends to replace the side facing windows with compliant FRA 
Type II glazing and has requested funding to do so from the Oregon 
State Legislature. ODOT believes that the glazing on all three cars can 
be brought into compliance with the requirements of 49 CFR 223.15 by 
May 2004.
    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.
    FRA's Office of Safety Assurance and Compliance issued a letter to 
ODOT on May 13, 2003 which stated that no exception will be taken to 
the continued use of these cars in excursion service until a Final 
Decision is rendered by FRA's Railroad Safety Board which shall take 
precedence. Due to exigent circumstances related to the start of 
planned service, FRA may act on this waiver request before the close of 
the comment period. However, FRA reserves the right to rescind or 
modify any approval or denial based upon receipt of comments which, in 
FRA's judgement, raise significant issues.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2003-15168) and must be submitted in triplicate to the Docket Clerk, 
Office of Chief Counsel, FRA Nassif Building, 400 Seventh Street, SW., 
Washington, DC 20590. Communications received within 30 days of the 
date of this notice will be considered by FRA. Comments received after 
that date will be considered as far as practicable. All written 
communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at FRA's 
temporary docket room located at 1120 Vermont Avenue, NW., Room 7051, 
Washington, DC 20005.

    Issued in Washington, DC on May 14, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
[FR Doc. 03-12633 Filed 5-19-03; 8:45 am]
BILLING CODE 4910-06-P