Petitions for Waivers of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petitions for Waivers of Compliance

In accordance with Part 211 of Title 49 Code of Federal Regulations

(CFR), notice is hereby given that the Federal Railroad Administration

(FRA) received requests for waivers of compliance with certain

requirements of its safety standards. The individual petitions are

described below, including the parties seeking relief, the regulatory

provisions involved, the nature of the relief being requested, and the

petitioners' arguments in favor of relief.

CSX Transportation, Incorporated

(Waiver Petition Docket Number H-97-4)

CSX Transportation, Incorporated (CSX) seeks approval from FRA to

conduct a test program for the purpose of evaluating recent

technological advancements applied to equipment used in the inspection

of rail for internal flaws. Specifically, CSX proposes to test a rail

inspection system in which the primary rail inspection vehicle

transmits, via radio modem, chart data to a secondary (chase) vehicle

for the purposes of defect verification.

CSX is seeking relief from the requirements of 49 CFR Section

213.5(a), which requires certain actions be taken once the track owner

has notice that the track does not meet all of the requirements of this

part. With respect to the inspection of rail for internal defects, FRA

has historically interpreted this subsection to require that suspect

rail flaw indications be verified by hand test equipment, and remedial

action taken, if necessary, within the same day of the test.

Present practice within the industry, as is the case with current

CSX procedures, is to immediately stop the rail inspection vehicle when

an indication of a possible rail flaw is received by the on-board

equipment. A hand test to verify the existence of the rail flaw is then

performed. CSX maintains that this procedure has limited the rail

inspection vehicles to an average of five miles of testing for every

hour of on-track time. CSX further states that as traffic density

continues to increase, the available on-track time for activities such

as rail inspection continues to decrease.

CSX's petition requests that for certain non-critical rail flaw

indications, hand test verification by the secondary (chase) vehicle

will be accomplished within 48 hours of the time of observation by the

primary test vehicle. All critical rail flaw indications recorded by

the primary test vehicle will be immediately verified by hand test, and

remedial action taken if necessary. In the absence of any critical rail

flaw indications, the primary rail inspection vehicle would be allowed

to continue to test the rail in a non-stop mode.

CSX petitions to implement this test program with dedicated

equipment over approximately 4,000 miles of connected trackage on its

system. CSX maintains that the procedures outlined in this test program

will result in a safety benefit by increasing its on-track test mileage

as well as increasing its testing cycle frequency, therefore creating

additional opportunities to find rail flaws before they grow to service

failure size. Critical rail flaws will be protected as in the past,

while non-critical rail flaws are unlikely to grow to service failure

size in the 48 hour delay time requested for verification.

CSX anticipates that there will not be any additional cost to

either the private sector, consumer, Federal, State and local

governments.

Burlington Northern Santa Fe Railroad Company

[Waiver Petition Docket Number LI-95-14]

The Burlington Northern Santa Fe Railroad Company (BNSF) seeks a

waiver of compliance from 49 CFR 229.9, Railroad Locomotive Safety

Standards--Movement of non-

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complying locomotives. Section 229.9(b) states: ``A locomotive that

develops a non-complying condition enroute may continue to utilize its

propelling motors, if the requirements of paragraph (a) are otherwise

fully met, until the earlier of--

(1) The next calendar day inspection, or

(2) The nearest forward point where the repairs necessary to bring it

into compliance can be made.''

BNSF is requesting an exemption to the requirement of Section

229.9(b) for locomotives that have traction motor failures enroute,

specifically, one or more traction motors cut out, between points in

Illinois and the West Coast of the United States. BNSF would like to

continue the non-complying, cut out traction motor past Argentine Yard

in Kansas City, Kansas. BNSF maintains facilities at Argentine Yard

capable of making the required repairs to bring the locomotive into

compliance. BNSF believes that the waiver, if granted, would greatly

increase the efficiency of its locomotive utilization without adversely

affecting safety.

Union Pacific Railroad Company

[Waiver Petition Docket Numbers LI-97-1 and PB-97-1]

The Union Pacific Railroad Company (UP) seeks a waiver of

compliance from certain regulatory provisions and sections of 49 CFR

Part 229, Railroad Locomotive Safety Standards, and Part 232, Railroad

Power Brakes and Drawbars. Specifically, UP is seeking a waiver of 49

CFR 229.49(a)(1) and 232.10(j)(4) which require the main reservoir

system of each locomotive to be equipped with at least one safety valve

that shall prevent an accumulation of pressure of more than 15 pounds

per square inch above the maximum working air pressure fixed by the

chief mechanical officer of the carrier operating the locomotive; and,

the main reservoir system of each unit being equipped with at least one

safety valve, the capacity of which shall be sufficient to prevent an

accumulation of pressure of more than 10 pounds per square inch above

the maximum setting of the compressor governor fixed by the chief

mechanical officer of the carrier operating the locomotive.

This waiver would apply to the entire UP system (including the

Southern Pacific Railroad (SP) which recently merged with UP). UP seeks

a waiver permitting continued operation of 150 psi main reservoir

safety valve setting with 125 psi maximum working air pressure.

Since the late 1970's, UP reduced its maximum working pressure from

the traditional 135 psi to 125 psi, changing the air compressor

governor setting accordingly to a cut in/out pressure of 120/130 psi as

appropriate under Sections 229.49(b) and 232.10(j)(5). This change was

made in the wake of the oil shortages of the 1970's in an effort to

conserve fuel. As all railroads did not make this change, it was

necessary to leave the safety valve set for 150 psi so that the valves

did not pop continuously when UP locomotives were operated in multiple

with those of foreign lines with the higher working air pressure

settings.

In addition, SP had its safety valves set for 155 psi, with 135 psi

working air pressure. It is further requested in the waiver that this

practice be continued until these locomotives can be brought into UP's

standard, which should be no later than three years after the waiver is

granted. Implementation will be immediately upon approval of this

waiver. There are no anticipated changes in operating practices. UP

claims that no adverse effects are expected on the safety of

operations. The conditions for UP's setting of the safety valve and

maximum working pressure have existed for at least 20 years with no

identified problems. UP believes a greater margin of safety is provided

between the maximum working air pressure and the safety valve setting,

going from a margin of 15 psi to 25 psi. Safety is not believed to be

sacrificed in any manner. The maximum pressure that may exist in the

main reservoir remains at the same levels that have always existed--150

psi (155 psi in SP's case). The main reservoirs were not modified; they

carry the same burst pressure limits for which they were originally

designed. The required differentials between maximum brake pipe

pressure and air compressor cut in/cut out have been maintained. The

reduction of the maximum working air pressure is not an issue of

consideration as this is set by the carrier's chief mechanical officer.

It is also asserted that fuel consumption will be favorably affected by

approval of this waiver request, due to not having the air compressor

cut in for longer periods in order to maintain higher air pressure. The

environment (emissions) is also benefited through the consumption of

less fuel.

Iowa Railroad Historical Society

[Waiver Petition Docket Number PB-96-1]

The Iowa Railroad Historical Society, Boone & Scenic Valley

Railroad (BSV), seeks a permanent waiver of compliance from 49 CFR Part

232, Section 17(b)(2), on a passenger car equipped with U type air

brakes by extending the clean, oil, test, and stencil (COT&S) period

from 15 calendar months to 15 operating months.

On December 6, 1996, BSV was granted a waiver of compliance

(Docketed PB-96-1) from the requirements to perform COT&S every 15

calendar months as required by Section 232.17(b)(2) and as specified in

Standard S-045 in the Manual of Standards and Recommended Practices of

the Association of American Railroads A-III-256, Section 2.1.2. The

waiver applies to only the eight cars BSV specified in the original

request and extends the COT&S period from 15 calendar months to 24

calendar months, with a single car test required every 12 months. BSV

inadvertently left out Lackawana car 3218 in the original request and

hereby requests that this car be included under the same requirements

as specified for the eight cars in the original waiver.

BSV is a non-profit tourist line that operates only six months a

year, with one trip per day during the week and three trips on Saturday

and Sunday over a 15-mile captive service route originating in Boone,

Iowa. BSV explains that they have been performing the COT&S every 12

calendar months at a considerable expense for six months of operation,

and that by granting this waiver they would perform the COT&S every 24

months for 12 months of operation.

Port of Pend Oreille dba Pend Oreille Valley Railroad

[Waiver Petition Docket Number RSGM-96-2]

The Port of Pend Oreille dba Pend Oreille Valley Railroad (POVA)

seeks a waiver of compliance from 49 CFR 223.11(c) which requires that

locomotives built or rebuilt prior to July 1, 1980, be equipped with

certified glazing in all locomotive cab windows. POVA requests a

permanent waiver of compliance for its locomotive POVA 103, built by

General Electric in December 1956, which is not equipped with certified

glazing. The locomotive will be utilized in work train service.

Electric Transport of America, Incorporated

[Waiver Petition Docket Number RSGM-96-12]

Electric Transport of America, Incorporated, (ETA) seeks a waiver

of compliance from 49 CFR 223.9(a) which requires that locomotives,

including yard locomotives, built or rebuilt after June 30, 1980, be

equipped with certified glazing in all locomotive cab windows. ETA

requests a waiver for one locomotive imported from the Czech

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Republic. It is a 49 ton diesel-electric locomotive. ETA intends to

market the switcher locomotive to industrial operators in North

America. The Ohio Central Railroad has agreed to allow the locomotive

to be demonstrated within its Coshocton Yard, Coshocton, Ohio.

Austin & Texas Central Railroad

[Waiver Petition Docket Number RSGM-97-2]

The Austin & Texas Central Railroad (ATCX) seeks a permanent waiver

of compliance with the Safety Glazing Standards, 49 CFR Part 223.15(c),

which requires certified glazing in all windows of passenger cars and

at least four emergency windows, for its three passenger coach cars:

former NKP-151, known as the City of Chicago; former MP-640, known as

the Eagle Cliff; and former ATSF-1343, known as the Red Rock. These

cars have double pane glazing consisting of a sheet of laminated safety

plate as the inside sheet, and a sheet of Polycarbonate laminated

safety plate or polished plate as the outer sheet in the lounge areas

and hallways. ATCX is a museum type excursion operation which is a

project of the Austin Steam Train Association, a 501-(c)(3) non-profit

corporation. Since 1992, operation has been on weekends for 10 months

each year along with some weekday operation. During this time period,

the railroad reports that there have been no acts of vandalism

involving any glazing location associated with the operation of a

train.

ATCX proposes that any time a glazing location must be renewed, for

any reason, the glazing location will be renewed with certified

glazing, if mechanically possible, without alterations to the structure

or function of the car.

Gettysburg Railway Company

[Waiver Petition Docket Number RSGM-97-3]

The Gettysburg Railway Company (GETY) seeks a waiver of compliance

from 49 CFR Part 223.9(a) which requires that locomotives, including

yard locomotives, built or rebuilt after June 30, 1980, be equipped

with certified glazing in all locomotive cab windows. GETY requests a

waiver for two rebuilt F-7 locomotives. GETY intends to use these

locomotives in low speed (20 mph) passenger excursions in Gettysburg,

Pennsylvania.

Union Pacific Railroad Company

[Waiver Petition Docket Number RST-97-2]

Union Pacific Railroad Company (UP) seeks approval from FRA to

electronically submit and maintain track inspection records. UP is

requesting that FRA waive the requirements of 49 CFR 213.241,

Inspection records, and permit it to use an electronic reporting system

for submitting and maintaining track inspection records. Relief is

sought from the requirement that each record shall be signed by the

person making the inspection.

UP states that the electronic system for creating and maintaining

track inspection records will provide for the integrity and security of

each record. The system will provide for several levels of security to

uniquely identify the person as the author of that record with a date

and time stamp that the record was created. Once a record is created,

it cannot be modified. UP believes that the electronic system will not

only be beneficial economically, but will be more flexible for Federal

and State track inspectors who inspect the records.

Yakima Valley Rail and Steam Museum

[Waiver Petition Docket Number SA-93-1]

The Yakima Valley Rail and Steam Museum (YVRX) seeks a waiver of

compliance from 49 CFR 231.30 (c) and (f), which requires that a

locomotive used in switching service be equipped with four switching

steps and must have means for operating the uncoupling mechanism safely

from the switching step as well as from ground level, for its

locomotive #4. Locomotive #4 is a Plymouth locomotive built in 1943.

YVRX states that the rear of the locomotive is not equipped with corner

stairways or switching steps, and the uncoupling mechanism must be

operated from the ground. If the waiver is granted, the locomotive will

be utilized to haul approximately 100 cars a year from Toppenish,

Washington, to Harrah, Washington, a distance of about 10 miles, and 4

cars per year between Toppenish, Washington, and White Swan,

Washington, a distance of 21 miles.

Napa Valley Wine Train, Incorporated

[Waiver Petition Docket Number SA-94-7]

The Napa Valley Wine Train, Incorporated, (NVRR) seeks a waiver of

compliance from 49 CFR 231.30 (c) and (f), which requires that a

locomotive used in switching service be equipped with four switching

steps with a minimum width of eighteen inches (locomotives built prior

to April 1, 1977) and that the uncoupling mechanisms be safely operated

from the switching steps as well as ground level, for their locomotive

#52. Locomotive #52 is a General Electric locomotive built in 1943.

NVRR states that the switching steps at all four locations are 14

inches wide. The locomotive uncoupling mechanisms are not equipped to

allow for uncoupling from the switching steps and must be operated from

the ground. If the waiver is granted, NVRR states the locomotive will

occasionally be utilized in interchange freight service.

Union Pacific Railroad Company

[Waiver Petition Docket Number SA-97-1]

The Union Pacific Railroad Company (UP) seeks a waiver of

compliance from 49 CFR Part 231.27, Box and other house cars without

roof hatches or placed in service after October 1, 1966, which requires

in part that cars be equipped with end platforms and end platform

handholds in addition to 16 end and 16 side handholds. UP is requesting

that it be permitted to operate 273 high side gondola cars with

removable fiberglass covers. The cars, UP 97700 through 97489 and UP

97850 through 97999, were originally constructed and approved in

accordance with 49 CFR 231.2, Hopper cars and high-side gondolas with

fixed ends, which requires side and end ladders in addition to side and

end handholds, but does not require end platforms, end platform

handholds, nor the 16 end or 16 side handholds.

The cars were subsequently equipped with temporary removable

fiberglass covers to protect contaminated earth for movement solely by

UP from Chicago, Illinois, to Clive, Utah, a distance of about 1700

miles. UP states that these cars are in captive service and have

operated more than two years without incident. UP also states that upon

expiration of the three year contract to haul the contaminated earth,

the fiberglass covers will be removed and scrapped with the cars being

returned to general service. Additionally, UP states that it would be

an unjustified economic loss to modify the cars to comply with Section

231.27, then upon expiration of the contract remodify them to comply

with Section 231.2.

Belfast & Moosehead Lake Rail Road Company

[Waiver Petition Docket Number SA-97-2]

The Belfast & Moosehead Lake Rail Road Company seeks a waiver of

compliance from 49 CFR Section 231.15(b), Railroad Safety Appliance

Standards--Steam locomotives used in road service, Pilot sill-steps.

Section 231.15(b) states that each steam locomotive used in road

service shall be equipped with two pilot sill steps mounted on or near

each end of buffer-beam outside of the rail and not more

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then sixteen inches above the top of the rail.

The Belfast & Moosehead Lake Rail Road Company is requesting an

exemption to the requirement of these steps (2) for their steam

locomotive #1149. The railroad states that due to the design and

placement of the locomotive cylinders and pilot truck, the steps cannot

be applied without substantially rebuilding the front of the

locomotive. Also, application of the pilot sill steps would block

access to the pilot truck journal boxes, make inspections more

difficult, and possibly interfere with the movement of the locomotive's

outside-frame pilot truck. Employees of the Belfast & Moosehead Lake

Rail Road Company are not permitted to ride the pilot of the

locomotive.

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 H-97-4)

and must be submitted in triplicate to the Docket Clerk, Office of

Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., Mail

Stop 10, Washington, D.C. 20590. Communications received within 30 days

of the date 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.) at FRA's temporary docket room located at 1120

Vermont Avenue, N.W., Room 7051, Washington, D.C. 20005.

Issued in Washington, D.C. on August 6, 1997.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 97-21152 Filed 8-8-97; 8:45 am]

BILLING CODE 4910-06-P