Petition for Exemption or Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Exemption or Waiver of Compliance

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

that the Federal Railroad Administration (FRA) has received requests

for exemptions from or waivers of compliance with a requirement of its

safety standards. The individual petitions are described below,

including the party seeking relief, the regulatory provisions involved,

and the nature of the relief being requested.

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-93-

13) 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, October 31,

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.

The individual petitions seeking an exemption or waiver of

compliance are as follows:

Northeast Illinois Railroad Corporation (Metra)

Waiver Petition Docket Number LI-93-13

Metra seeks a temporary waiver of compliance with certain

provisions of the Locomotive Safety Standards (49 CFR Part 229) for

Electric MU Locomotives and Non-MU Control Cab Locomotives. Metra is

seeking relief from the requirements of Section 229.135 that all trains

operating over 30 mph shall be equipped with an event recorder by May

5, 1995. Metra requests that the compliance date be extended to July 1,

1996.

The Locomotive Safety Standards were revised on July 8, 1993, to

require each lead locomotive of trains operating over 30 mph to be

equipped with an event recorder by May 5, 1995. The railroad states

that event recorders will be installed on existing equipment by

retrofit and by an outside rebuilding program. In addition, new cars to

be delivered will be equipped when built. The schedule for these

activities extend to July 1, 1996, making the May 5, 1995, compliance

date unattainable.

Southeastern Pennsylvania Transportation Authority (SEPTA)

Waiver Petition Docket Number LI-94-7

SEPTA seeks a permanent waiver of compliance with certain

provisions of the Locomotive Safety Standards (49 CFR Part 229). SEPTA

is seeking relief from the requirement of Sec. 229.5(g) that:

Event recorders monitor and record data: over the most recent 48

hours of operation of the electrical system of the locomotive on

which it is installed.

SEPTA states that a railroad supervisor can get to the scene of any

accident on their system within one hour. They feel that 8 hours of

recorded information is sufficient for any accident investigation on

their railroad. SEPTA's event recorders are solid state devices which

record each change in state. With their present recorder system a

printed copy of the stored information fills about 73 pages. To

accommodate 48 hours of recorded information would result in a very

extensive printed copy with no additional useful information. FRA has

previously ``grandfathered'' event recorders which were in service on

July 8, 1993, and which recorded only 8 hours of data.

Southeastern Pennsylvania Transportation Authority (SEPTA)

Waiver Petition Docket Number LI-94-8

SEPTA seeks a temporary waiver of compliance with certain

provisions of the Locomotive Safety Standards (49 CFR Part 229) for

Electric MU Locomotives. SEPTA is seeking relief from the requirements

of Section 229.135 that all trains operating over 30 mph shall be

equipped with an event recorder by May 5, 1995. SEPTA requests the

compliance date be extended to December 7, 1995.

The Locomotive Safety Standards were revised on July 8, 1993, to

require each lead locomotive of trains operating over 30 mph to be

equipped with an event recorder by May 5, 1995. The railroad states

that off-the-shelf event recorders will be installed on conventional

(non-MU locomotives) locomotives within the specified time, however,

new design event recorders will be required for the Electric MU

Locomotives. SEPTA is requesting seven additional months for the

design, manufacture and installation of event recorders on their MU

locomotive fleet.

Metro-North Commuter Railroad (MNCW)

Waiver Petition Docket Number LI-94-10

MNCW seeks a temporary waiver of compliance with certain provisions

of the Locomotive Safety Standards (49 CFR Part 229) for their

locomotives. MNCW is seeking relief from the requirements of Section

229.135 that all trains operating over 30 mph shall be equipped with an

event recorder by May 5, 1995. MNCW requests the compliance date be

extended to December 5, 1997.

The Locomotive Safety Standards were revised on July 8, 1993, to

require each lead locomotive of trains operating over 30 mph to be

equipped with an event recorder by May 5, 1995. The railroad states

that off-the-shelf event recorders will be installed on conventional

(non-MU locomotives) locomotives within the specified time, however,

new design event recorders will be required for the Electric MU

Locomotives. MNCW is requesting two years additional time for the

design, procurement, manufacture and installation of event recorders on

their locomotive fleet of 413 units to be equipped. The railroad cites

funding, FRA and State-mandated purchasing practices, non-availability

of off-the-shelf event recorders for electric rail cars, impact on car

availability, limited physical plant and energy conservation/cost

savings as the justification for the delay. MNCW estimates that 43

percent of their fleet will be equipped with event recorders by May 5,

1995.

The Western Railway Museum (WRM)

(Waiver Petition Docket Number RSGM-94-9)

The WRM, of Suisun City, California, seeks a permanent waiver of

compliance with certain provisions of the Safety Glazing Standards (49

CFR Part 223) for one caboose. The caboose is used for educational

purposes only and is operated at speeds of 15 mph or less in a rural

area with no history of vandalism.

The Ohio Central Railroad Company (OHCR)

Waiver Petition Docket Number RSGM-94-10

The OHCR on behalf of their affiliate Ohio Southern Railroad,

Incorporated (OSRR), seeks a permanent waiver of compliance with

certain provisions of the Safety Glazing Standards (49 CFR Part 223)

for one caboose. The caboose, OHCR 553, a former New York Central all-

steel caboose was rebuilt in the 1960's by the Pittsburgh and Lake Erie

Railroad and is not equipped with FRA certified glazing. The OSRR

operates between South Zanesville and Glass Rock, a distance of

approximately 19 miles. An out of service line extends 14 miles from

East Fultonham Junction to New Lexington, Ohio. The railroad states

there is no record of vandalism regarding train movements. Train speed

is limited to 5 mph in this rural area. Two trains are operated per

week and mostly in day light hours.

Owego Harford Railway (OHRY)

Waiver Petition Docket Number RSGM 94-11

The OHRY seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for one

locomotive. The locomotive, an EMD Model GP-9, is equipped with FRA

certified glazing in the front and rear locations but not in the side

windows. The railroad states there has been no vandalism in this rural

area. The OHRY operates between Owego and Harford, New York, a distance

of approximately 30 miles.

Providence and Worcester Railroad Company (PW)

Waiver Petition Docket Numbers RSGM-94-12 and SA-94-6

The PW seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for one

locomotive. Locomotive PW 150 is a 25-ton diesel electric industrial

switcher built by General Electric which was recently purchased to

provide service on an industrial track which cannot accommodate a full

size locomotive. This operation is on one-half mile of track at the end

of the Bell Dock Railroad at New Haven Terminal, Connecticut. In

addition, PW is restoring a section of track for a customer in South

Providence, Rhode Island, and the locomotive will be used at that

location. The locomotive is now equipped with new laminated safety

glass.

PW seeks a permanent waiver of compliance with certain provisions

of the Railroad Safety Appliance Standards (49 CFR Part 231) for

Locomotive PW 150. Section 231.30 specifies requirements for

locomotives used in switching service. PW requests relief from the

requirements of this section since the locomotive was built without

corner stairway openings and switching steps. The railroad states that

a crew member would be either in the locomotive cab, on the cars or

walking next to the equipment when in the street. Thus, safety is not

compromised by non-compliance with Section 231.30.

Nash County Railroad (NCYR)

Waiver Petition Docket Number RSGM 94-13

The NCYR seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for four

locomotives. The NCYR operates over approximately 20 miles of track

between Spring Hope and Rocky Mount, North Carolina.

River Terminal Railway Company (RT)

Waiver Petition Docket Number RSGM 94-14

The RT seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for 17

locomotives. The railroad provides switching service for Republic Steel

in their steel mill in Cleveland, Ohio. Present glazing is 1/4-inch

laminated safety glass. The railroad states there have been no

incidents or vandalism involving glazing. The RT feels the burden of

installing certified glazing is excessive when considering the minimal

risks.

Atlantic and Gulf Railroad (AGLF)

Waiver Petition Docket Number RSGM 91-25

The AGLF seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for three

locomotives. The railroad operates between Sylvester and Albany,

Georgia, a distance of 18 miles and between Albany and Thomasville,

Georgia, a distance of 54 miles. The area is primarily rural. The AGLF

was granted a waiver for one locomotive in 1992.

Wiregrass Central Railroad Company, Incorporated (WGCR)

Waiver Petition Docket Number RSGM 91-27

The WGCR seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for five

locomotives. The WGCR operates over approximately 18 miles of track

between Enterprise and Waterford, Alabama. The area is primarily rural

with several miles being within Fort Rucker army base. WGCR was granted

a waiver for four locomotives in 1993.

Laurinburg Southern Railroad Company (LRS)

Waiver Petition Docket Number RSGM 90-4

The LRS seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for five

locomotives. The LRS was granted a waiver for 36 locomotives on

February 23, 1994, and have now purchased five additional locomotives.

LRS 136 and LRS 140-143 are SW-1 switchers and LRS 139 is an NW-2

switcher locomotive.

Minnesota Commercial Railway Company (MNNR)

Waiver Petition Docket Number RSGM 89-31

The MNNR seeks a permanent waiver of compliance with certain

provisions of the Safety Glazing Standards (49 CFR Part 223) for two

locomotives. The MNNR was granted a waiver for three locomotives on

August 16, 1993. Two of these locomotives (MNNR 303 and 304) have been

sold and replaced by MNNR 110 and 200 for which the waiver is

requested. These locomotives will operate under the same conditions as

their predecessors.

Issued in Washington, D.C. on September 21, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-23867 Filed 9-26-94; 8:45 am]

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