Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

In accordance with 49 CFR 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.

Renfe Talgo of America, Incorporated

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

Renfe Talgo of America, Incorporated (RTAX) requests waivers of

compliance with certain provisions of the Railroad Safety Glazing

Standards (49 CFR part 223) under Docket Number RSGM-94-2 and Railroad

Safety Appliance Standards (49 CFR part 231), under Docket Number SA-

94-1.

RTAX seeks these waivers in order to permit operation of the TALGO

Pendular Train (TALGO) under two conditions. It is intended that the

train will 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. The non-revenue demonstration runs

of the TALGO train will involve a cross-country movement from its

assembly point in Washington, DC to Seattle, Washington, in March 1994.

It is anticipated that the train will be on public display in

Cleveland, Detroit, Chicago, St. Louis, and Seattle. The revenue

operations in passenger service are to be conducted as part of Amtrak's

regularly scheduled service between Seattle, Washington, and Portland,

Oregon, which are scheduled to begin in April 1994.

The trainset would be comprised of 12 TALGO Pendular cars. The 12

cars will 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 equipment has a

total weight of approximately 400,000 pounds. With the Amtrak

locomotive, the total length of the train will be approximately 575

feet.

RTAX petition seeks a waiver from compliance with 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 states that the side facing glazing of the TALGO train

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 windows in

the sides of the cars are double glazed with tempered safety glass.

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

two layers. RTAX says that there is not sufficient time to retrofit

windows in the TALGO train prior to shipment from Spain.

RTAX petition seeks 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. 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. RTAX states that 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.

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 SW., Washington, DC 20590. Communications received

before March 17, 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 SW.,

Washington, DC 20590.

Issued in Washington, DC on February 15, 1994.

Grady C. Cothen, Jr.,

Associate Administrator for Safety.

[FR Doc. 94-4076 Filed 2-23-94; 8:45 am]

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