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 Sections 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-94-

11) 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 February 27,

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, D.C. 20590.

The individual petitions seeking an exemption or waiver of

compliance are as follows: [[Page 3697]]

New Jersey Transit Rail Operations (NJTR) (Waiver Petition Docket

Number LI-94-11)

The NJTR seeks a temporary waiver of compliance with certain

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

their locomotives. NJTR 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. NJTR requests an extension of

24-months. 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. NJTR operates 300

electric MU cars, 15 electric locomotives, 83 diesel-electric

locomotives and 84 push pull control cars, all of which are equipped

with various event recording systems. However, not all systems meet the

requirements of Section 229.5 in recording steps of braking. Existing

systems will require extensive upgrades or replacement of the entire

system to be in compliance. Due to the competitive bid process,

vendor's ability to deliver and installation of the systems, NJTR will

be unable to comply with the May 5, 1995, date and have requested an

extension.

Napa Valley Wine Train, Incorporated (NVRR) (Waiver Petition Docket

Number RSGM-94-16)

The NVRR seeks a permanent waiver of compliance with certain

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

locomotive. The locomotive NVRR 52, a 65-ton center cab switcher built

by General Electric Company is used primarily for yard switching of

passenger cars and locomotives and an occasional work train

transporting Maintenance of Way materials. The Napa Valley Railroad has

operated three locomotives on the same tracks under waiver RSGM-89-15

with no incidents or injuries.

Denver Railway Car Company (DRCX) (Waiver Petition Docket Number RSGM-

94-17)

The DRCX seeks a permanent waiver of compliance with certain

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

their passenger cars with a side exit door. Section 223.9(c) and

223.15(c) require that all passenger cars built or rebuilt prior to

July 1, 1980, shall be equipped with four emergency opening windows.

DRCX considers the non-locking side doors provide faster emergency

access than the emergency opening windows.

Buckeye Central Scenic Railroad (BCRR) (Waiver Petition Docket Number

RSGM-94-18)

The BCRR, seeks a permanent waiver of compliance with certain

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

locomotive and five passenger cars. The BCRR is a non-profit tourist

railroad operating on 5.5 miles of former Baltimore & Ohio Railroad

tracks at Hebron, Ohio. The passenger cars, having been built prior to

1945 and used in excursion service are exempt from the requirements of

Part 223. The locomotive is an EMD Model SW-1 switcher built in 1948.

The BCRR states that there have been no incidents of injury due to rock

throwing nor of broken windows in 11 years of operation.

Delaware Valley Railway Company, Incorporated (DV) (Waiver Petition

Docket Number RSGM 94-19)

The DV seeks a permanent waiver of compliance with certain

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

locomotives. The locomotives, OCTR 4118 an ALCO RS-3 built in 1952, W&W

3 an ALCO S-2 built in 1949 and NFD 2 an ALCO RS36 built in 1962,

operate on the former Octorara Railway Company (OCTR) in rural New

Castle County, Delaware and Chester County, Pennsylvania. The railroad

states there have been no accidents or incidents involving glazing on

the DV or predecessor OCTR.

Batten Kill Railroad Company, Incorporated (BKRR) (Waiver Petition

Docket Number RSGM-94-20)

The BKRR seeks a permanent waiver of compliance with certain

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

passenger car. M-403, an RDC car built in 1951, has been restored by

the Northeastern New York Railroad Preservation Group (NE-Rail) who

will operate it in excursion service on 16 miles of track between Salem

and Shushan, New York. Future plans include operation of the car over

the entire 35 miles of the BKRR. The railroad states their have been no

problems with vandalism. Average train speed is 15 mph and maximum

speed is 20 mph.

Westinghouse Air Brake Company (WABCO) (Waiver Petition Docket Number

H-92-3)

In 1992 and 1993, WABCO was granted a test waiver for their EPIC

microprocessor locomotive brake equipment. Specifically, the waiver

excludes a total of 150 locomotives from the requirements of 49 CFR

229.29 for a test period of five years. In their required quarterly

report on service experience to the FRA, WABCO states that over 100

systems are now in service with 50 additional units to be delivered

this year. Anticipated sales in 1995 total approximately 500. Based on

their satisfactory performance to date, WABCO has requested that the

test allotment be increased to at least 750 locomotives.

Issued in Washington, DC on January 11, 1995.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 95-1120 Filed 1-17-95; 8:45 am]

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