Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

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

given that the Federal Railroad Administration (FRA) has received from

The Atchison, Topeka and Santa Fe Railway Company a request for waiver

of compliance with certain requirements of Federal 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.

The Atchison, Topeka and Santa Fe Railway Company (ATSF)

(FRA Waiver Petition Docket Number SA-93-8)

The ATSF seeks a waiver of compliance from certain sections of 49

CFR part 231, Railroad Safety Appliance Standards. ATSF is requesting a

permanent waiver of the provisions of 49 CFR part 231 which requires

that bolts attaching handholds and other safety appliances on freight

equipment be ``riveted over''. Title 49 CFR 231.1 (h)(4) requires that

side handholds be securely fastened with not less than \1/2\ inch bolts

with nuts outside (when possible) and riveted over, or with not less

than \1/2\ inch rivets. Several other sections in part 231 address the

application of safety appliances (sill steps, ladder treads, etc.)

which requires that they be securely fastened with not less than \1/2\

inch bolts with nuts outside (when possible) and riveted over, or with

not less than \1/2\ inch rivets.

ATSF states that there is an inconsistency in the manner in which

bolts on freight cars and those on locomotives must be secured. The

regulations pertaining to bolts securing handholds on locomotives

contain no similar requirement. See 49 CFR 231.30.

ATSF relates that they use state-of-the-art elastic stop nuts which

are not riveted over but have locking effectiveness and application

advantages superior to those of metal bolts that are ``riveted over''.

ATSF states that because there appears to be no safety related

justification to treat safety appliance standards differently, the

requirement that bolts on freight cars be riveted over is superfluous.

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 comments, 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-93-8

and must be submitted in triplicate to the Docket Clerk, Chief Counsel,

Federal Railroad Administration, Nassif Building, 400 Seventh Street

SW., Washington, DC 20590. Communications received before April 18,

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 March 14, 1994.

Phil Olekszyk

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-6277 Filed 3-17-94; 8:45 am]

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