[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Notices]
[Pages 3696-3697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1120]



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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Petition for Exemption or Waiver of Compliance

    In accordance with 49 CFR Sections 211.9 and 211.41, notice is 
hereby given that the Federal Railroad Administration (FRA) has 
received requests for exemptions from or waivers of compliance with a 
requirement of its safety standards. The individual petitions are 
described below, including the party seeking relief, the regulatory 
provisions involved, and the nature of the relief being requested.
    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-94-
11) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., 
Washington, D.C. 20590. Communications received before February 27, 
1995 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.) in Room 
8201, Nassif Building, 400 Seventh Street SW., Washington, D.C. 20590.
    The individual petitions seeking an exemption or waiver of 
compliance are as follows: [[Page 3697]] 

New Jersey Transit Rail Operations (NJTR) (Waiver Petition Docket 
Number LI-94-11)

    The NJTR seeks a temporary waiver of compliance with certain 
provisions of the Locomotive Safety Standards (49 CFR Part 229) for 
their locomotives. NJTR is seeking relief from the requirements of 
Section 229.135 that all trains operating over 30 mph shall be equipped 
with an event recorder by May 5, 1995. NJTR requests an extension of 
24-months. The Locomotive Safety Standards were revised on July 8, 
1993, to require each lead locomotive of trains operating over 30 mph 
to be equipped with an event recorder by May 5, 1995. NJTR operates 300 
electric MU cars, 15 electric locomotives, 83 diesel-electric 
locomotives and 84 push pull control cars, all of which are equipped 
with various event recording systems. However, not all systems meet the 
requirements of Section 229.5 in recording steps of braking. Existing 
systems will require extensive upgrades or replacement of the entire 
system to be in compliance. Due to the competitive bid process, 
vendor's ability to deliver and installation of the systems, NJTR will 
be unable to comply with the May 5, 1995, date and have requested an 
extension.

Napa Valley Wine Train, Incorporated (NVRR) (Waiver Petition Docket 
Number RSGM-94-16)

    The NVRR seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (49 CFR Part 223) for one 
locomotive. The locomotive NVRR 52, a 65-ton center cab switcher built 
by General Electric Company is used primarily for yard switching of 
passenger cars and locomotives and an occasional work train 
transporting Maintenance of Way materials. The Napa Valley Railroad has 
operated three locomotives on the same tracks under waiver RSGM-89-15 
with no incidents or injuries.

Denver Railway Car Company (DRCX) (Waiver Petition Docket Number RSGM-
94-17)

    The DRCX seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (49 CFR Part 223) for all of 
their passenger cars with a side exit door. Section 223.9(c) and 
223.15(c) require that all passenger cars built or rebuilt prior to 
July 1, 1980, shall be equipped with four emergency opening windows. 
DRCX considers the non-locking side doors provide faster emergency 
access than the emergency opening windows.

Buckeye Central Scenic Railroad (BCRR) (Waiver Petition Docket Number 
RSGM-94-18)

    The BCRR, seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (49 CFR Part 223) for one 
locomotive and five passenger cars. The BCRR is a non-profit tourist 
railroad operating on 5.5 miles of former Baltimore & Ohio Railroad 
tracks at Hebron, Ohio. The passenger cars, having been built prior to 
1945 and used in excursion service are exempt from the requirements of 
Part 223. The locomotive is an EMD Model SW-1 switcher built in 1948. 
The BCRR states that there have been no incidents of injury due to rock 
throwing nor of broken windows in 11 years of operation.

Delaware Valley Railway Company, Incorporated (DV) (Waiver Petition 
Docket Number RSGM 94-19)

    The DV seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (49 CFR Part 223) for three 
locomotives. The locomotives, OCTR 4118 an ALCO RS-3 built in 1952, W&W 
3 an ALCO S-2 built in 1949 and NFD 2 an ALCO RS36 built in 1962, 
operate on the former Octorara Railway Company (OCTR) in rural New 
Castle County, Delaware and Chester County, Pennsylvania. The railroad 
states there have been no accidents or incidents involving glazing on 
the DV or predecessor OCTR.

Batten Kill Railroad Company, Incorporated (BKRR) (Waiver Petition 
Docket Number RSGM-94-20)

    The BKRR seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (49 CFR Part 223) for one 
passenger car. M-403, an RDC car built in 1951, has been restored by 
the Northeastern New York Railroad Preservation Group (NE-Rail) who 
will operate it in excursion service on 16 miles of track between Salem 
and Shushan, New York. Future plans include operation of the car over 
the entire 35 miles of the BKRR. The railroad states their have been no 
problems with vandalism. Average train speed is 15 mph and maximum 
speed is 20 mph.

Westinghouse Air Brake Company (WABCO) (Waiver Petition Docket Number 
H-92-3)

    In 1992 and 1993, WABCO was granted a test waiver for their EPIC 
microprocessor locomotive brake equipment. Specifically, the waiver 
excludes a total of 150 locomotives from the requirements of 49 CFR 
229.29 for a test period of five years. In their required quarterly 
report on service experience to the FRA, WABCO states that over 100 
systems are now in service with 50 additional units to be delivered 
this year. Anticipated sales in 1995 total approximately 500. Based on 
their satisfactory performance to date, WABCO has requested that the 
test allotment be increased to at least 750 locomotives.

    Issued in Washington, DC on January 11, 1995.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-1120 Filed 1-17-95; 8:45 am]
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