Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

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

that the Federal Railroad Administration (FRA) has received from the

Burlington Northern Railroad a request for waiver of compliance with

certain requirements of the Federal rail safety regulations. The

petition is described below, including the regulatory provisions

involved, the nature of the relief being requested and the petitioner's

arguments in favor of relief.

Burlington Northern Railroad (BN)

(FRA Waiver Petition Docket Number SA-94-5)

The BN seeks a waiver of compliance from certain sections of the

Railroad Safety Appliance Standards (49 CFR Part 231). BN states that

it will be building one trainset of its ``trough train'' equipment.

This train will be composed of 22 13-section cars. The parking brakes

on these cars are of conventional design, but their location is not

standard. The unique size and design of one 13-section car does not

allow the conventional application of a handbrake.

BN requests a waiver from 49 CFR 231.1(a)(1), 231.1(a)(3)(i), and

231.1(a)(3)(ii). Section 231.1(a)(1) requires that there be one

efficient handbrake which shall operate in harmony with the power brake

installed on the car.

BN states that the 13-section trough train car has 14 truck

assemblies; 2 single axle trucks and 12 two axle trucks. It is

impossible to brake a minimum of half the total axles under the 13-

section car from one parking brake location. A much more positive brake

is provided by the proposed system that has each parking brake holding

2 two axle trucks. No active linkage cross any articulation under this

system. The system uses a minimum of 4 parking brakes that brake 16

axles out of the 24 axle total. The 13-section trough train car

requires more than one parking brake per car to safely hold the car

when stopped. There are many cars that operate successfully with more

than one handbrake, such as heavy duty flat cars, articulated

intermodal cars and stand alone intermodal cars connected into groups

with drawbars.

Section 231.1(a)(3)(i) requires that the handbrake be so located

that it can be safely operated while the car is in motion. BN states

that the long length of a trough train car (278 feet) necessitates

multiple parking brakes to hold the car safely on grades and direct

simple parking brake connections to the individual trucks and axles,

requires that multiple parking brakes be applied along the length of

the car. Four parking brakes per car is proposed. The location of the

parking brakes does not lend itself to making provisions for the brake

to be operated while the car is in motion. The design of the car will

not allow the application of a standard handbrake to safely allow a man

to ride the car while setting the brake. These cars are specifically

designed for unit train operation and will be used in services where

the train is loaded and unloaded in full trains or large blocks of

cars, while coupled to and under the control of a locomotive. The

parking brakes are designed to hold the car once stopped, on any

practical grade for whatever reason. The safety of employees is

enhanced by allowing them to apply the brake from the ground, without

the need to climb onto the equipment.

The BN has had a policy in effect for several years that prohibits

anyone from mounting or dismounting any freight car, caboose, or

locomotive while it is moving. The application of parking brakes on

this type of car will only be done while the car is stopped. A waiver

is requested that allows the operation of the parking brake only when

the car is stopped.

Section 231.1(a)(3)(ii) requires that the brake shaft be located on

end of car, to the left of and not less than 17 nor more than 22 inches

from center.

BN states that due to the design of the car and the need to operate

the parking brake from the ground, it is imperative that the brake

wheel and mechanism be mounted in such a way as to make its operation

as safe as possible. The brake wheel and mechanism has been mounted as

low as the car design will allow (approximately 3-foot 10 inches from

the top of the rail to the bottom of the wheel rim) and as close to the

side of the car as possible (52 inches to the center of the brake shaft

from the center of the car.) This location allows the brake to be

easily operated from the ground while the car is stopped.

The BN states the trough train provides the latest advancements in

slackless technology, car geometry, aerodynamics and safety.

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 SA-94-5

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

Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W.,

Washington, D.C. 20590. Communications received before September 6,

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 (9:00 a.m.-5:00 p.m.) in Room

8201, Nassif Building, 400 Seventh Street, S.W., Washington, D.C.

20590.

Issued in Washington, D.C. on August 1, 1994.

Phil Olekszyk

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-19032 Filed 8-3-94; 8:45 am]

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