Petition for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

In accordance with 49 CFR Sections 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 petitions

are 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

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

Renfe Talgo of America, Incorporated (RTOA) petitioned the FRA to

permit the operation of a second TALGO Pendular Train (TALGO) trainset

expected to arrive at the Port of Baltimore on or about January 28,

1996. The trainset is similar to the one presently operating in the

State of Washington under conditional waivers. The original request was

for 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 (see FR 9016, February 24, 1994). RTOA requested

that the conditional waiver granted the first Talgo trainset be

extended to include the second train set.

RTOA was granted the original waivers in order to permit operation

of a TALGO train under two conditions. It was intended that the train

would 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 first TALGO train completed

demonstration runs between a number of city pairs and is currently in

revenue service under contract to the Washington State Department of

Transportation (WSDOT).

The second TALGO trainset will be comprised of 15 Pendular cars,

which would include two service cars, one sleeper car, one dining car,

one cafeteria car and ten coaches. It is similar to the trainset

currently in service in Washington State. RTOA seeks to include the

second TALGO train in the current conditional waivers 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. The original petition RTOA stated that

the side facing glazing of the TALGO train may in fact meet the FRA

requirements for FRA Type II, but it had 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. RTOA says

that there is not sufficient time to retrofit windows in the TALGO

train prior to shipment from Spain.

The original RTOA petition also sought 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. Sections 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. RTOA states that

the 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 bars

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.

According to RTOA and Amtrak West Business Unit, the TALGO train

will be moved directly from Baltimore to Oakland, California. RTOA and

Amtrak West are cooperating in evaluating existing and potential

emerging rail corridors. Amtrak suggested the following tentative list

of city pairs for both revenue service and demonstration runs for the

TALGO train:

Oakland, California to Reno, Nevada (non-revenue)

Oakland to Bakersfield, California (revenue)

Altamount Pass (non-revenue)

Los Angeles, California to Las Vegas, Nevada (revenue special)

Los Angeles/San Diego, California to Santa Barbara, California

(revenue)

Los Angeles to San Francisco, California (revenue)

RTOA says that after the revenue and demonstration runs are

completed, it is their intention to have this second TALGO train

operate in the Pacific Northwest. If TALGO is the successful bidder to

provide two trainsets to the State of Washington, the two trainsets

would be leased to WSDOT for an interim period which would terminate

upon delivery of the two trainsets manufactured to WSDOT specification.

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, 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 22, 1995.

Phil Olekszyk,

Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 96-1313 Filed 1-25-96;8:45am]

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