Petitions for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petitions for Waivers of Compliance

In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby

given that the Federal Railroad Administration (FRA) has received

requests for waivers of compliance with certain requirements of the

Federal safety laws and regulations. The individual petitions are

described below, including the parties seeking relief, the regulatory

provisions involved, the nature of the relief being requested and the

petitioner's arguments in favor of relief.

Burlington Northern Railroad (BN), Waiver Petition Docket Number LI-94-

2

The BN seeks a waiver of compliance from certain Sections of 49 CFR

part 229, Locomotive Safety Standards, for locomotives used in

switching service in Memphis, Tennessee.

The BN is seeking a waiver of compliance with 49 CFR 229.123 of the

Locomotive Safety Standards--Pilots, snowplows, end plates--for

locomotives used in the Tennessee Yard Terminal, Memphis. The BN is

requesting that it be permitted to increase the height of the

locomotive pilot above the top of the rail from the maximum allowable 6

inches to 9 inches. The BN states that with the pilots at the maximum

height of 6 inches above the top of rail, both the pilot and the

retarder equipment are being damaged when the locomotives go through

the hump yard. This waiver would only apply to locomotives used

exclusively for hump service in the Tennessee Yard Terminal.

Union Pacific Railroad Company (UP), Waiver Petition Docket Number LI-

94-4

The UP is seeking a waiver of compliance from certain Sections of

49 CFR part 229, Locomotive Safety Standards, for locomotives used in

switching service in all of its hump yards.

The UP is seeking a waiver of compliance with Sec. 229.123 of the

Locomotive Safety Standards--Pilots, snowplows, end plates--for

locomotives used in switch service in the hump yards located at Hinkle,

Oregon, North Platte, Nebraska, North Little Rock, Arkansas, Ft. Worth,

Texas, Pocatello, Idaho, and Los Angeles, California.

The UP and the Missouri Pacific Railroad Company (MP) collectively

own or lease 100 percent of the affected locomotives used in the hump

yards. The UP is requesting that it be permitted to increase the height

of the locomotive pilot above the top of the rail from the maximum

permissible 6 inches to 8\3/4\ inches in order to achieve sufficient

clearance and avoid damage to the locomotives and retarders. With the

pilots at the maximum permissible height of 6 inches above the top of

rail, the pilot and the retarder equipment are being damaged when the

locomotives go through the hump yard. This waiver would only apply to

locomotives used exclusively in switching service in the hump yards.

Further, the UP states that safety of its operations in hump yards will

not be adversely affected. All affected locomotives will be brought

back to the maximum permissible clearance of 6 inches before used in

any other service.

Northeast Illinois Railroad Corporation (Metra), Waiver Petition Docket

Number LI-93-15

Metra is seeking a waiver of compliance with 49 CFR 229.133

Locomotive Conspicuity, Minimum Standards for Auxiliary External Lights

(ditch lights), for passenger equipment used in the Chicago

metropolitan area.

Metra owns the former Rock Island, Milwaukee Road and Illinois

Central Commuter service and oversees, through the purchase of service

agreements, the Chicago and North Western, Norfolk Southern (Southwest

Service) and Burlington Northern Computer Service. Metra has a fleet of

134 passenger locomotives, 7 switcher locomotives, 165 electric

multiple unit locomotives (M.U. locomotives) and 161 non-M.U. control

cab locomotives (cab car) which fall under the jurisdiction of 49 CFR

229.133. Metra has developed schedules and placed material purchase

orders to install ditch lights on its passenger equipment.

Metra is seeking a waiver from the interim rule requirement for the

minimum height of the ditch lights on 165 MU locomotives, which are

currently being rebuilt. Section 229.133(b)(1) requires that two ditch

lights shall be placed at the front of the locomotive, not less than 36

inches nor more than 84 inches above top of rail. Metra says that the

ditch lights will be installed at a height of 25 inches above top of

the rail, which is below the FRA minimum of 36 inches. Further, at this

height the lights have proven to be very conspicuous. Metra states that

a higher location on these MU locomotives would present an unnecessary

financial burden that would not measurably enhance or improve the

conspicuity of the ditch lights. The burden would be attributable to

extensive carbody and control cab modifications necessary to adapt the

car body structure for the mounting of recessed ditch lights at the 36

inch minimum height. Further, Metra states that one route is

parallelled on both sides by public streets, and separated by concrete

barriers. If the height of the ditch lights was raised above 25 inches

above top of rail, the lights would be directed into the line of sight

of vehicles traveling next to the track and could contribute to motor

vehicle accidents.

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 LI-94-2)

and must be submitted in triplicate to the Docket Clerk, Office of

Chief Counsel, Federal Railroad Administration, Nassif Building, 400

Seventh Street SW., Washington, D.C. 20590. Communications received

before June 28, 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 19, 1994.

Phil Olekzsyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-12738 Filed 5-24-94; 8:45 am]

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