Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

In accordance with title 49 CFR Secs. 211.9 and 211.41, notice is

hereby given that the Federal Railroad Administration (FRA) has

received a request for waiver of compliance with certain requirements

of the Federal safety laws and regulations. The petition is described

below, including the regulatory provisions involved, the nature of the

relief being requested and petitioner's arguments in favor of relief.

Canadian National Railway Company (CN)

Since the turn of the century, CN and its predecessor has operated

trains over its Sprague Subdivision between Winnipeg, Manitoba and

Thunder Bay, Ontario, a distance of 433 miles. Approximately 44 miles

of this trackage traverses the State of Minnesota between International

Boundary and Rainy River. A minimum of 12 CN trains per day operate

between Winnipeg and Thunder Bay over this line with mainly traffic

originating and terminating in Canada. CN has always considered this

bridge traffic to be a Canadian operation and has operated all such

trains in compliance with all Canadian regulations. Certain regulations

of the FRA differ from Canadian regulations. Canadian locomotives and

cars which are to be interchanged in the United States are built or

modified to be in compliance with FRA standards and are designated for

``International Service''. In addition to the above ``bridge trains'',

a minimum of six daily ``International Service'' trains are operated on

the Sprague Subdivision between Winnipeg and Duluth, Minnesota. The

waivers are requested for the ``bridge trains'' only. Following are the

individual petitions involved.

FRA Docket Number RSGM-93-30

Canadian requirements for locomotive and caboose glazing are

similar to those of the FRA except Canada does not mandate retrofit of

equipment built prior to November 19, 1982, whereas FRA requires that

basically all equipment be retrofitted. The area of operation is remote

and there have been no incidents or injuries related to glazing.

Locomotives and cabooses designated for International Service do meet

FRA requirements. CN seeks a waiver for ``bridge trains'' on the

Sprague Subdivision from the requirements of Secs. 223.11(c) and

223.13(c) that locomotives and cabooses be equipped with FRA certified

glazing by June 30, 1984.

FRA Docket Number RSRM-93-1

Canadian rules for rear end markers allow retroreflective markers

as opposed to the highly visible marker light required by 49 CFR part

221. CN has approximately 720 rear end-of-train telemetry devices with

the reflective material and 113 with FRA flashing red markers. The

latter are designated for International Service. CN estimates that at

least 100 additional devices with lights would be required on the

Sprague Subdivision at an overall cost of $1,800 each. CN states that

all trains operated on the Sprague Subdivision are governed by

centralized traffic control (CTC) and train separation is ensured by

two separate mechanisms. A Rail Traffic Controller supervises the

movement of all trains, controlling signals at junctions, sidings, etc.

An automatic intermediate signal system is actuated automatically by

the train within a particular block. In the 15 years of operation with

CTC on this subdivision, no rear end collision has occurred. CN seeks a

waiver of compliance from the requirements part 221 for all ``bridge

trains'' on the Sprague Subdivision.

FRA Docket Number LI-93-16

Title 49 CFR Sec. 229.123 requires that ``each lead locomotive be

equipped with an end plate that extends across both rails, a pilot, or

a snowplow.'' Presently, 95 percent of CN's locomotives meet this

requirement. To equip the remaining 50 locomotives would cost

approximately $1,000 each. Only rarely would one of these locomotives

be in the lead on a train on the Sprague Subdivision. There has never

been an accident or injury attributable to these locomotives on this

subdivision. CN seeks a waiver of compliance from the provisions of 49

CFR 229.123 for all ``bridge trains'' on the Sprague Subdivision.

CN tests and inspects its locomotives at least once every 3 months

as required by Canadian Transport Board Order O-21 and the results are

documented on a form, one copy of which is displayed in the cab of the

locomotive. FRA has similar inspection, test and documentation

requirements each 92 days. FRA also requires that each locomotive be

inspected at least once during each calendar day and that the record of

the inspection be maintained. Canadian daily inspection requirements

differ in that only the lead locomotive safety control devices are

certified as operating. In addition, engineers are required to report

and record locomotive defects found enroute. CN feels all safety

requirements are satisfied by their system. CN seeks a waiver of

compliance with 49 CFR Sec. 229.23 and Sec. 229.21 for all ``bridge

trains'' on the Sprague Subdivision.

FRA Docket Number SA-93-10

Road locomotives with corner stairways operated in the United

States must be equipped with an uncoupling lever that is operable from

both the ground and the bottom stairway opening. Many through train

locomotives operating over the Sprague Subdivision do not comply with

this requirement and uncoupling cannot be achieved from the side steps.

CN has 131 locomotives which cannot be operated from the side steps and

it would cost approximately $500 per locomotive to bring them into

compliance. CN seeks a waiver of compliance with 49 CFR 231.29 on all

``bridge trains'' on the Sprague Subdivision.

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 RSGM-93-

30, etc. 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 before June 10, 1994 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.) in room

8201, Nassif Building, 400 Seventh Street, SW., Washington, DC. 20590.

Issued in Washington, DC, on May 6, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-11412 Filed 5-10-94; 8:45 am]

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