Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

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

that the Federal Railroad Administration (FRA) has received a request

for waivers of compliance with certain requirements of the Federal

safety laws and 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.

Southern California Regional Rail Authority (SCRA)

According to SCRA, because of increasing ridership, the failure of

a contractor to produce commuter cars for Caltran and a 15 to 20 month

lead time to procure new cars, SCRA has arranged to lease up to 14 bi-

level passenger cars from GO Transit of Toronto, Ontario. SCRA

presently owns and operates 94 bi-level cars over Metrolink, a regional

rail network which links downtown Los Angeles, California, and

surrounding counties. The GO Transit cars being leased are nearly

identical to the 94 cars already owned by SCRA. The term of the lease

is projected to extend over an 18 month period (January 1996 through

July 1997). SCRA states it intends to use GO Transit cars in concert

with SCRA control cars to ensure American Disability Act (ADA)

compliance.

SCRA seeks waivers of compliance from certain sections of the FRA

regulations which are described herein.

FRA Docket Number SA-96-1

SCRA is requesting that it be permitted to operate GO Transit bi-

level commuter passenger cars which do not fully comply with the

Railroad Safety Appliance Standards (49 CFR Part 231). Section

231.14(b)(2) (``Passenger-train cars without platforms'') requires that

the top tread of the sill step have a minimum clear depth of 8 inches.

Section 231.14(c)(3) requires that the side corner handholds be located

specifically in relation to the center line of the coupler. SCRA says

that these safety appliances may not be properly configured.

FRA Docket Number RSGM-96-1

The SCRA seeks a temporary waiver of compliance with certain

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

Transit passenger cars. The glazing material installed in the cars is

manufactured to CSA-D263-1972 and American National Standards

Institute's (ANSI) Safety Glazing Materials for Glazing Motor Vehicles

Operating on Land Highways (ANSI Z76.1-1983). The side facing and end

facing glazing material are not in compliance with 49 CFR Section

223.15.

Interested parties are invited to participate in these proceedings

by submitting written reviews, 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-96-1)

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

Federal Railroad Administration, Nassif Building, 400 Seventh Street,

S.W., Washington, D.C. 20590. Communications received within 30 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 a.m.-5 p.m.) in Room 8201, Nassif Building, 400 Seventh Street

S.W., Washington, D.C. 20590. Issued in Washington, D.C. on January 19,

1996.

Phil Olekszyk,

Deputy Associate Administrator for Safety Compliance and Program

Development.

[FR Doc. 96-1230 Filed 1-24-96; 8:45 am]

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