Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for 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 a request

for a 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 the petitioner's arguments in favor of relief.

Herzog Contracting Corporation (Herzog)

Docket Number RSGM-94-15

Herzog seeks a permanent waiver of compliance with certain

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

for its Rail King Model SS 4400 railcar movers leased to various

railroads. Herzog Railroad Division offers numerous types of equipment

for lease to railroads either with or without operators and

maintenance. Herzog has leased mobile railcar movers to railroads for

use in track maintenance projects for 17 years without safety related

incident.

The Rail King Model SS 4400 is defined as a locomotive and must

comply with Sec. 223.11(a), which requires Type 1 test certified

glazing in the frontward and rearward facing windows, and Type II test

certified glazing in the side facing windows. The Rail King SS 4400

glazing material is made to specification AS1 Safety Laminated. Herzog

was granted a waiver, RSGM-88-29, to operate Tracmobile car movers

without certified glazing. The glazing material in Tracmobile car

movers is either laminated and/or tempered.

Herzog is requesting this waiver for the following reasons:

1. Machines are used only for Maintenance of Way projects.

2. They do not handle revenue freight or passenger.

3. Speed is less than 20 mph.

4. They handle approximately 10 cars.

5. FRA glazing is very expensive and delivery time is approximately

4 months.

6. The cabs are not constructed to accommodate the extra weight.

7. The existing waiver, RSGM-88-29, has been in use for

approximately 5 years without any glass related incidents.

Interested parties are invited to participate in these proceedings

by submitting written reviews, 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-94-

15) 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 November 2, 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 September 23, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-24057 Filed 9-28-94; 8:45 am]

BILLING CODE 4910-06-P