Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

In accordance with 49 CFR Secs. 211.9, 211.41 and 211.45, notice is

hereby given that the Federal Railroad Administration (FRA) has

received a request for a waiver of compliance with certain requirements

of the Federal safety laws and regulations. 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.

Southern California Regional Rail Authority (SCAX); National Passenger

Railroad Corporation (Amtrak); Southern Pacific Transportation Company

(SPT); SPCSL Corporation (SPCSL); Renfe Talgo of America, Incorporated

(RTAX)

[Docket Numbers RSGM-94-2 and SA-94-1]

RTAX was granted conditional waivers of compliance for the Talgo

trainset on March 25, 1994. The trainset is comprised of 12 Talgo

Pendular cars which include 1 head-end power car which will not carry

passengers, 8 passenger coach cars, 1 cafeteria car, 1 dining car and 1

rear-end service car which will not carry passengers. The Talgo train

has a total weight of approximately 400,000 pounds. With a locomotive,

the total length of the train is approximately 575 feet.

Docket Number RSGM-94-2 granted a conditional waiver from the

Railroad Glazing Standards, (49 CFR 223.15(b)), which requires that all

side facing glazing on passenger cars must meet the FRA Type II testing

criteria. RTAX provided the specifications for the side facing glazing

of the Talgo train, which may in fact meet the FRA requirements for FRA

Type II, but it has not been subjected to the test specified in the

regulation. The International Union of Railways (UIC) requires the use

of tempered or safety glass in side windows on European passenger

trains. Safety glass is defined as glass that when broken, breaks into

small pieces that do not have sharp edges, and this performance

requirement is similar to that of automobile safety glazing. The UIC

has no specific strength requirements for passenger car windows. The

windows in the sides of the Talgo cars are double glazed with tempered

safety glass and are in compliance with safety requirements imposed by

the UIC. Each layer is 6 mm. (.24 inches) thick with an air space in

between the two layers. RTAX did submit the test criteria that was used

for the glazing material in the side windows. TECHNICAL SPECIFICATION

ET-139 defines the basic characteristics of quality control for the

security templates for Talgo railroad cars. The mechanical

characteristics section of ET-139 provides the criteria for impact

testing of the glazing template using a 500 gram steel ball.

Docket Number SA-94-1 granted a waiver from compliance of the

Railroad Safety Appliance Standards, (49 CFR 231.14) and Sections 2 and

4 of the Safety Appliance Act (45 U.S.C. Sections 2 and 4), which

requires that each passenger car must be equipped with side handholds,

end handholds and uncoupling levers. The passenger cars have side

handholds at the doors for the assistance of passengers, but there are

no side handholds or end handholds which the rules contemplate for use

in switching operations or coupling and uncoupling. The 12 cars in the

Talgo train constitute a single unit, in that the cars will not be

uncoupled from one another, except at specified maintenance facilities.

The individual cars are joined by swivel type traction couplers which

will not uncouple in normal operations and because of this

configuration there is no need for uncoupling levers. Standard AAR Type

E couplers will be installed at the ends of the front and rear service

cars.

The waivers permitted the operation of the Talgo train to be

operated (1) In non-revenue demonstration runs and (2) in revenue

service as part of a regularly scheduled service operated by National

Railroad Passenger Corporation (Amtrak) in the Pacific Northwest High

Speed Rail Corridor between Seattle, Washington, and Portland, Oregon.

The waiver also permitted the return of the Talgo train to the Port of

Baltimore for disassembly and return to Spain after the revenue service

contract expired in September, 1994.

SCAX petitioned the FRA on August 25, 1994, to amend and expand the

RTAX waivers. SCAX proposes to sponsor three revenue service runs

tentatively planned for October 4, 5 and 6. The train is scheduled to

run between Los Angeles--Lancaster, Los Angeles--San Diego, and Los

Angeles--San Bernardino, California. The SPT will move the Talgo train

to Los Angeles, where it will be operated by Amtrak, on SCAX's

Metrolink system. After completion of the revenue runs, SPT will move

the TALGO train to Oakland, California, and turn it over to Amtrak.

Amtrak petitioned the FRA on August 24, 1994, to modify the

existing waiver and permit the movement of the Talgo train over any

trackage in the United States for display and demonstration purposes.

This request is made on behalf of RTAX, who decided to take this

equipment on a national tour before returning it to Spain. According to

the RTAX representative, the States of Illinois, Ohio, Wisconsin and

Maine have expressed interest in display and publicity runs of the

Talgo trainset. The exact dates and routing for the proposed display of

the Talgo train are not known at this time. Once all obligations have

been completed, the Talgo trainset will be routed to the Port of

Baltimore for shipment back to Spain.

SPT petitioned the FRA on August 26, 1994, for an extension of the

current RTAX waiver to conduct non-revenue test runs for the purpose of

experiencing the efficiency of the passive tilt system incorporated in

the Talgo train. The train would be operated from Portland to Los

Angeles, including Sacramento and Stockton, California, and over the

SPT trackage rights over the Union Pacific Railroad Company between

Niles and Tracy, California, during the approximate period of September

30 through October 9, 1994 period, except for the proposed revenue

service runs operated by Amtrak for SCAX over Metrolink. The non-

revenue moves would be restricted to SPT, Amtrak, RTAX and governmental

officials.

SPT on August 26, 1994, also petitioned, on behalf of the SPCSL,

for an extension of the current waiver in order to permit the State of

Illinois to conduct some non-revenue test runs for the purpose of

experiencing the efficiency of the passive tilt system on the Talgo

train. Amtrak, the Illinois Department of Transportation (IDOT)

operator, would conduct the non-revenue runs on SPCSL's Chicago-St.

Louis route. IDOT has arranged for the Talgo train to be tested for one

or two days during the second week in October, based upon current

equipment availability. These testing non-revenue moves would be

restricted to SPCSL, Amtrak, RTAX and IDOT staff personnel.

Southern California Regional Rail Authority (SCAX); SPCSL Corporation

(SPCSL)

Docket Number RST-94-2

To accomplish the revenue demonstration runs described above in

Southern California, SCAX petitioned the FRA on August 25, 1994 to

temporarily waive 49 CFR 213.57(b), ``Curves; elevations and speed

limitations,'' to allow operation at up to 6 inches of cant deficiency.

SCAX requests the waiver in order to demonstrate the advantages of the

Talgo tilt technology in negotiating curves at higher speeds. SCAX

expects to power the trainset with an EMD F59PH or F40 locomotive owned

by SCAX.

SPT on behalf of the SPCSL petitioned the FRA on August 26, 1994 to

temporarily waive 49 CFR 213.57(b) to allow operation at 5\1/2\ inches

of cant deficiency between milepost 224 and milepost 237 on the route

between St. Louis, Missouri and Chicago, Illinois to conduct testing

and non-revenue demonstration runs. SPT states that this waiver would

allow 76 mph speeds on 2 degree curves that are presently restricted to

60 mph due to superelevation set at 2\1/2\ inches.

The Talgo trainset was tested at up to 8 inches of cant deficiency

in Amtrak's Northeast Corridor (New England Coast Route) during 1988.

The track safety standards in 49 CFR 213.57(b) prescribe a speed

limit, not distinguishing between freight and passenger rolling stock,

at which trains may operate over curved track as a function of curve

radius (curvature) and installed superelevation.

In the general case, for any combination of curvature and

superelevation, there is a specific (``balanced'') speed at which the

effect of centrifugal force is canceled, resulting in passenger

insensitivity to actual curve negotiation. This is an ideal outcome for

passenger trains that usually operate considerably faster than freight

trains and consequently would demand greater superelevation to produce

the balanced effect. The track standards permit the operation of trains

on curves at speeds producing a conservative underbalance (``cant

deficiency'') in line with historic industry practice. (A more detailed

discussion of cant deficiency can be found in 52 FR 38035, October 13,

1987).

Interested parties are invited to participate in this proceeding by

submitting written views, data, or comments. FRA does not anticipate

scheduling a public hearing in connection with this proceeding 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-94-1)

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

Chief Counsel, Federal Railroad Administration, Nassif Building, 400

Seventh Street, S.W., Washington, D.C. 20590. Communications received

before September 29, 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,

S.W., Washington, D.C. 20590.

Issued in Washington, D.C. on September 9, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-22848 Filed 9-13-94; 8:45 am]

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