Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

In accordance with 49 CFR Sections 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

petitioners arguments in favor of relief.

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

10)

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

Railroad Safety Appliance Standards (49 CFR Part 231). BN requests a

waiver from 49 CFR 231.4--Fixed-end low-side gondola and low-side

hopper cars; (a)(3)(ii) states: ``The brake shaft shall be located on

end of car, to the left of and not more than 22-inches from center.''

This regulation has been applied to coiled steel cars that have end

platforms, commonly identified as a coiled steel gondola.

BN is requesting that the wording be adopted as used in 49 CFR

231.6--Flat cars (3)(ii): ``The brake shaft shall be located on end of

car to the left of center, or on side of car not more than 36 inches

from right-hand end thereof.''

BN states that modern flat cars, particularly double stack cars,

have used handbrakes in complete compliance with 49 CFR

231.6(a)(3)(ii), which locates the handbrake lower to the ground and

closer to the side sill than allowed by other specified car types. This

has led to a handbrake application that makes it possible to apply or

release the handbrake from the ground when the car is stopped, or while

riding the car when it is moving. Additionally, coil cars have been

built that have an end platform and appear similar to a flat car,

especially toward the end of the car. Historically, the handbrake has

been mounted to the end of the trough bulkhead, inboard of the end

platform. This requires a person to climb onto the car to operate the

handbrake. At this location the handbrake is very susceptible to damage

when the coils are loaded into the car. By lowering the handbrake and

moving it outboard on the end sill, the handbrake is out of the way of

the loading process and less likely to be damaged. The BN request is to

locate the handbrake on the end sill and toward the side sill in excess

of the 22-inches from the cars center line on coil cars having

platforms with a AAR gondola mechanical designation. This request is to

include all coil cars equipped with end platforms.

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-

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

Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW.,

Washington, DC 20590. Communications received before January 13, 1995

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 SW., Washington, DC 20590.

Issued in Washington, DC on November 30, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-29897 Filed 12-5-94; 8:45 am]

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