[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Notices]
[Pages 47718-47719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23866]


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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

[[Page 47719]]

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 <greek-i>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