Petition for Exemption or Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Exemption or Waiver of Compliance

In accordance with Title 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 RSGM-95-

9) 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 within 45 days of the

date of publication of this notice, 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.

The individual petitions seeking an exemption or waiver of

compliance are as follows:

Tioga Central Railroad (TIOC)

(Waiver Petition Docket Number RSGM-95-9)

The TIOC seeks a permanent waiver of compliance with certain

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

five locomotives and seven passenger cars. The TIOC has relocated their

tourist passenger operation from Owego, New York, to Wellsboro,

Pennsylvania. The train operates on the former Consolidated Rail

Corporation Corning Secondary line from Wellsboro, Pennsylvania, to a

point south of the Gang Mills Yard in New York. The railroad states the

route is very rural with a few small hamlets along the way. Vandalism

has been minimal since relocating.

Anthracite Railroads Historical Society, Incorporated (ATRW)

(Waiver Petition Docket Number RSGM-95-10)

The ATRW seeks a permanent waiver of compliance with certain

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

two locomotives. Locomotives CRP 56 and 57 were built by EMD in 1948.

The railroad states that

[[Page 63116]]

the locomotives are equipped with FRA glazing in the windshields but

the original safety glass has been retained in other locations for

historical purposes. The locomotives are used primarily in excursion

passenger service but will be used in very limited freight service. The

ATRW operates on the Southern Railroad of New Jersey.

West Jersey Railroad (WJ)

(Waiver Petition Docket Number RSGM-95-11)

The WJ seeks a permanent waiver of compliance with certain

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

one locomotive. The locomotive, WJ 7803, an ALCO model RS-3 road

switcher built in 1952, will be operated on 15 miles of track between

Hartford and Paw Paw, Michigan. The area is very rural and not subject

to vandalism.

Decatur Junction Railway Company (DT)

(Waiver Petition Docket Number RSGM-95-12)

The DT seeks a permanent waiver of compliance with certain

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

one locomotive. The locomotive, WJ 7804, an ALCO model RS-3 road

switcher built in 1952, was formerly used on the West Jersey Railroad

in Salem, New Jersey. The locomotive will be operated on 15.4 miles of

track between Cisco and Green's Switch, Decatur, Illinois, and 16.6

miles between Elwin and Assumption, Illinois. The area is rural farm

country. The DT has trackage rights on the Illinois Central Railroad

between Elwin and Green's Switch and operate over this area no more

than one or two times per week.

Vandalia Railroad Company (VRRC)

(Waiver Petition Docket Number RSGM-95-13)

The VRRC seeks a permanent waiver of compliance with certain

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

one locomotive. The locomotive, number 56, is an ALCO Model T-6

switcher. Waiver RSGM 94-21 was recently granted to the West Jersey

Railroad for operation of this locomotive at Salem, New Jersey. The

locomotive has now been moved to the affiliated VRRC. The locomotive

will be operated over approximately 2.54 miles of track at Vandalia,

Illinois. This is a small rural farming community with very little

vandalism.

Massachusetts Central Railroad Corporation (MCER)

(Waiver Petition Docket Number RSGM-95-14)

The MCER seeks a permanent waiver of compliance with certain

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

one locomotive. The locomotive, number 4243, is an ALCO road switcher.

The MCER operates on approximately 24.8 miles of track between Palmer

and South Barre, Massachusetts, and 2.6 miles on the Bondsville Branch

between Forest Lake Junction and Bondsville, Massachusetts. The

railroad states there have been no incidents of broken glass due to

vandalism.

Florida Central Railroad (FCEN)

(Waiver Petition Docket Number RSGM-95-15)

The FCEN seeks a permanent waiver of compliance with certain

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

four passenger cars. The cars were recently acquired from the New

Georgia Railroad. The cars will be operated four to five times per week

in excursion or dinner train service.

Southeastern Pennsylvania Transportation Authority (SEPTA)

(Waiver Petition Docket Number H-95-5)

The SEPTA is seeking a five year test waiver of compliance from

Section 229.29(a) of the Railroad Locomotive Safety Standards, (Title

49 CFR Part 229) for 33 electric MU locomotives. SEPTA is requesting

that it be permitted to extend the clean, oil, test and stencil (COT&S)

period from 24 months to 60 months on 8 test cars equipped with 26-R

Brake Equipment and 25 test cars with PS-68 Brake Equipment. The test

cars represent approximately 10 percent of their fleet of 304 electric

MU locomotives. SEPTA states that the condition of the brake equipment

at the two year overhaul indicates the maintenance cycle could be

increased.

The test locomotives would be selected from those due COT&S at the

inception of the test. Each test car will be so identified and its

computer work report will show the test status. Major valvular

components will be sealed so that tampering or changes can be detected.

Monitoring will consist of a weekly check of road failure reports and

computer work order records as well as any special failure reports, and

a check at each periodic inspection to ensure that the original test

components are intact. The test locomotives will be run beyond their

two year COT&S cycle with one 26-R and two PS-68 locomotives being

overhauled at three and four year intervals after their last overhaul.

Each valve will be tested prior to a tear down inspection which will be

witnessed by SEPTA's project manager, manufacturer's representatives

and FRA. Failed components will be analyzed to determine if the failure

could have been prevented by a two year COT&S period. Final analysis of

the data will be used to determine if the COT&S cycle can be extended.

Issued in Washington, DC on December 4, 1995.

Phil Olekszyk,

Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 95-29929 Filed 12-7-95; 8:45 am]

BILLING CODE 4910-06-P