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

petitioner's arguments in favor of relief.

Long Island Rail Road (Waiver Petition Docket Number LI-97-2)

The Long Island Rail Road (LIRR) seeks a waiver of compliance from

certain provisions of the Railroad Locomotive Safety Standards, 49 CFR

229.29, for its M-1 and M-3 type MU locomotives. Specifically, LIRR

wants to extend the required time intervals for cleaning, repairing,

and testing of MU

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locomotive brake equipment from 736 days to 1104 days.

Based on the results of Metro-North Railroad's (Metro-North)

recently concluded test program, LIRR concurs with Metro-North's

position that the test results demonstrate that extending the clean,

oil, test, and stencil time interval to three years on MU locomotives

can be accomplished without compromising brake and train/rail safety.

LIRR declares that their railroad and Metro-North are sister agencies

of the Metropolitan Transportation Authority of New York State, and

that both railroads operate M-1 and M-3 MU type locomotives using

identical WABCO RT-5A electro-pneumatic brake systems which perform in

similar type service. Like Metro-North, LIRR's MU locomotive fleet is

100 percent air-dryer equipped. LIRR states that it uses one of the

most efficient and effective air dryer/filtration systems available

today, the Salem 976 Twin Tower, which greatly enhances the long-term

reliability of the pneumatic components of the air brake system by

virtually eliminating the introduction of water, oil, and other

contaminates into the brake system.

Golden Gate Railroad Museum (Waiver Petition Docket Number LI-97-3)

The Golden Gate Railroad Museum (GGRM) seeks a waiver of compliance

from 49 CFR 230.108(b), which requires that the entire surface of the

main air reservoirs be hammer tested not less than once every 18

months, for its steam locomotive 2472. GGRM would like to

substitute ultrasonic testing of the reservoir at the time of

hydrostatic testing, at least every 12 months. GGRM feels that

ultrasonic testing will provide a more accurate evaluation of the

reservoir's condition than hammer testing.

Mid-Continent Railway Historical Society, Incorporated (Waiver Petition

Docket Number LI-97-4)

The Mid-Continent Railway Historical Society, Incorporated (MCRY)

seeks a waiver of compliance from 49 CFR 230.110, which requires a

steam locomotive's distributing or control valves, reducing valves,

triple valves, straight-air double-check valves, and dirt collectors be

cleaned as often as conditions require, but not less frequently than

once every six months. MCRY requests that the requirement be extended

to 12 months for steam locomotives MCRY 1385, a 4-6-0 built in 1907 by

the American Locomotive Company, and MCRY 7, a 2-8-2 built in 1912 by

Baldwin Locomotive Company. MCRY indicates that it operates the steam

locomotives a total of seven months a year, including three days in the

month of February.

Private Car ``Colonial Crafts'' (Waiver Petition Docket Number PB-

97-9)

Rod and Ellen Fishburn seeks a waiver of compliance from certain

sections of the Railroad Power Brakes and Drawbars Regulations, 49 CFR

Part 232, regarding the private passenger coach they own called

Colonial Crafts, PPCX 800061. In 1995, FRA granted the National

Railroad Passenger Corporation (Amtrak) a waiver (Waiver Petition

Docket Number PB-94-3) extending the frequency for the cleaning,

oiling, testing and stenciling (COT&S) of passenger cars equipped with

26-C brake equipment from the required 36 months to 48 months. The

Fishburns request that PPCX 800061 be under the maintenance conditions

set forth in Waiver Docket Number PB-94-3. This would include a COT&S

be performed as often as necessary to maintain the car in a safe and

suitable condition for service, but not less frequently than once each

48 months. It would also require a single car test be performed on the

car each time it is on a repair track, but not less frequently than

once each 12 months.

The Fishburns declare that PPCX 800061 is maintained in accordance

with Amtrak's standard maintenance procedures and is inspected annually

by Amtrak inspectors.

Lewis and Clark Railway Company (Waiver Petition Docket Number RSGM-96-

7)

The Lewis and Clark Railway Company 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. The Lewis and Clark Railway Company requests a

permanent waiver of compliance for two locomotives, LINC #81, built by

Electro Motive Division (EMD) in 1954; and LINC #82, built by EMD in

1953, which were never equipped with certified glazing. The locomotives

are utilized in passenger excursion and limited freight service. They

are operated 30 miles between Chelatchie and Vancouver, Washington, and

3 miles on the Rey Branch--a section of the Burlington Northern Santa

Fe--in the state of Washington at a speed not in excess of 15 mph.

Madison Railroad (Waiver Petition Docket Number RSGM-96-14)

The Madison Railroad (CMPA) 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 and 49 CFR 223.13 (a) and (b) which requires cabooses other

than yard cabooses be equipped with FRA Type I glazing in forward and

rearward locations, and side facing be equipped with glazing that meets

the requirements of FRA Type II. CMPA requests a permanent waiver of

compliance for one locomotive, CMPA 2013, built by Electro Motive

Division locomotive works in 1951, which was never equipped with

certified glazing and a caboose built between 1970-1977 by the Canadian

National Railway and never equipped with FRA Type glazing. The Madison

Railroad operates a twenty five mile short line. The locomotive will be

utilized in freight service at speeds not to exceed 10 mph. The caboose

is utilized as an office and is sometimes used as an inspection car.

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-97-2)

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 45 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 September 2, 1997.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 97-23866 Filed 9-9-97; 8:45 am]

BILLING CODE 4910-06-P