[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Notices]
[Pages 22429-22430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11067]



[[Page 22429]]

DEPARTMENT OF TRANSPORTATION


Petition for Exemption or Waiver of Compliance

    In accordance with Title 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 RSGM-94-
21) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW., 
Washington, DC 20590. Communications received within 45 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 (9:00 a.m.-5:00 p.m.) in Room 8201, Nassif Building, 400 Seventh 
Street, SW., Washington, DC 20590.
    The individual petitions seeking an exemption or waiver of 
compliance are as follows:

West Jersey Railroad Company (WJ)

(Waiver Petition Docket Number RSGM-94-21)

    The WJ seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (Title 49 CFR Part 223) for 
one locomotive. The locomotive WJ 56, an ALCO model T-6 Switcher, will 
be operated on 17.44 miles of track between Salem and Swedesboro, New 
Jersey. The area is very rural and not subject to vandalism. The WJ has 
operated two locomotives under Waiver Docket Number RSGM-88-28 since 
1991.

Cornhusker Railcar Services Incorporated (CRCX)

(Waiver Petition Docket Number RSGM-94-22)

    The CRCX operates railcar repair shops at Grand Island and 
Hastings, Nebraska. Company owned locomotives are employed at each 
facility for switching, however only the EMD SW-8 locomotive at 
Hastings operates on track outside their plant. Approximately 10 
percent of the time this locomotive operates on trackage jointly owned 
by Burlington Northern Railroad Company and Union Pacific Railroad 
Company. The locomotive is presently undergoing repairs at Grand 
Island.

NEBKOTA Railway, Incorporated (NRI)

(Waiver Petition Docket Number RSGM-94-24)

    The NRI seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (Title 49 CFR Part 223) for 
two locomotives and one caboose. The NRI operates on 73.2 miles of 
track between Merriman, Nebraska, and near Chadron, Nebraska. The 
largest city on this line has a population of 1,800. NRI also has 
trackage rights on 28.3 miles of Chicago and North Western 
Transportation Company track between near Chadron and Crawford, 
Nebraska. The largest city on this segment has a population of 5,500. 
The NRI states there have been no incidents of vandalism on either line 
in the past five years. The area is predominantly devoted to farming 
and ranching.

Semo Port Railroad, Incorporated (SE)

(Waiver Petition Docket Number RSGM-94-25)

    The Southeast Missouri Regional Port Authority on behalf of SE 
seeks a permanent waiver of compliance with certain provisions of the 
Safety Glazing Standards (Title 49 CFR Part 223) for one locomotive. 
The locomotive is an EMD GP-7-L road switcher built in 1953 for the 
United States Army and used solely by them since then. The SE is 
located at Scott City, Missouri, and operates on FRA excepted track at 
a maximum speed of 10 mph.

Yakima Valley Rail and Steam Museum (YVRX)

(Waiver Petition Docket Number RSGM-94-27)

    The YVRX seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (Title 49 CFR Part 223) for 
one locomotive. Locomotive number 12, a GE 65-ton center cab switcher 
built in 1942, had previously been in service at the Puget Sound Naval 
Ship Yards in Bremerton, Washington. The locomotive will be operated on 
the Simcoe Branch of the Toppenish Simcoe and Western Railroad, a 21 
mile rural short line. The line is under the auspices of the YVRX whose 
intent is to help preserve railroading history in the State of 
Washington and provide both passenger and freight services.

Pittsburgh and Conneaut Dock Company (PCDX)

(Waiver Petition Docket Number RSGM-95-1)

    The PCDX seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (Title 49 CFR Part 223) for 
four locomotives. The locomotives, EMD model F-7's built in 1952, are 
used in yard switching service at the P&C Dock facilities at Conneaut, 
Ohio. Three of the locomotives are normally not manned since they are 
operated by remote control. Normal maintenance is performed in the 
Bessemer and Lake Erie Railroad Company (BLE) repair facilities at 
Conneaut. When heavy repairs are needed, the locomotives are hauled 
dead-in-tow to the BLE shop at Greenville, Pennsylvania. The petition 
requests that this movement be allowed to continue.

Econo Rail Corporation (TXTX)

(Waiver Petition Docket Number RSGM-95-2)

    The TXTX seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (Title 49 CFR Part 223) for 
three locomotives. The TXTX operates 3 miles of track inside the Port 
of Beaumont at Beaumont, Texas. All work is performed within a fenced 
and guarded area. Maximum operating speed is 15 mph. The railroad 
states that there has been no vandalism since operations began in 1978.

ISS Rail, Incorporated (ISSR)

(Waiver Petition Docket Number RSGM 95-3)

    The ISSR seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (Title 49 CFR Part 223) for 
one locomotive. The locomotive, ISSR 3003, an ALCO 1000 HP switcher 
built in 1946 operates on approximately 10 track miles in New Castle, 
Pennsylvania. ISSR interchanges with Conrail and CSX Transportation on 
jointly accessed track. The locomotive is presently equipped with 
shatterproof safety glass. [[Page 22430]] 

Southern Railroad Company of New Jersey (SRNJ)

(Waiver Petition Docket Number RSGM-95-4)

    The SRNJ seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (Title 49 CFR Part 223) for 
three locomotives. The SRNJ operates exclusively in southern New Jersey 
which is primarily rural in nature. Much of the trackage is within the 
``Pinelands'' which is protected from residential and industrial 
development. SRNJ states that there is approximately one grade crossing 
per mile of track.

Northern Indiana Commuter Transportation District (NICD)

(Waiver Petition Docket Number LI-94-12)

    The NICD seeks a temporary waiver of compliance with certain 
provisions of the Locomotive Safety Standards (Title 49 CFR Part 229) 
for their locomotives. NICD 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. NICD requests an extension of 
one year.
    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. NICD operates 48 
electric MU cars and 10 nonpowered trailer cars from Michiana Regional 
Airport at South Bend, Indiana, to Randolph Street Station in Chicago, 
Illinois. Approximately 1/6 of this route (15 miles) is operated over 
trackage owned by Northeast Illinois Railroad Corporation (METRA). All 
NICD equipment was built by Sumitomo Corporation of America and 
operates at a maximum speed of 79 mph. Standard locomotive event 
recorders are not applicable to the NICD cars and attempts to interest 
manufacturers to produce an acceptable recorder have been delayed until 
recently. Due to the competitive bid process, vendor's ability to 
deliver and installation of the systems, NICD will be unable to comply 
with the May 5, 1995 date and has requested an extension until May 5, 
1996.

Long Island Rail Road (LI)

(Waiver Petition Docket Number LI-95-1)

    The LI seeks a temporary waiver of compliance with certain 
provisions of the Locomotive Safety Standards (Title 49 CFR Part 229) 
for their locomotives and electric MU cars. LI 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. LI 
requests the compliance date be extended to November 5, 1995, for their 
71 diesel-electric locomotives and to December 5, 1996, for their 466 
electric MU cars.
    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. LI cites four factors 
which have an adverse impact on compliance with the May 5, 1995, date 
for the electric MU cars; nonavailability of off-the-shelf event 
recorders, impact on car availability, limited physical plant/manpower 
resources and energy conservation/cost savings. To optimize these 
factors and complete the installation, LI estimates will require the 
program be extended to December 5, 1996. While off-the-shelf event 
recorders are available for the diesel-electric locomotives, a 
compatibility problem arose on the initial installation and a new speed 
sensing system must also be installed. LI projects this application to 
be completed by November 5, 1995.

Frederick W. Seibold (Central Plateau) (CEPX)

(Waiver Petition Docket Number RSRM-95-1)

    Frederick W. Seibold, owner of private rail car ``Central Plateau'' 
seeks a permanent waiver of compliance with certain provisions of the 
Rear End Marking Device Standards (Title 49 CFR Part 221) for a new 
design rear end marking device. Mr. Seibold has requested approval of 
an ``antique'' marking device consisting of the industry standard light 
bulb mounted in a vintage Handlan Number 79 Rear End Marker shell. This 
will enhance the restoration of the private car ``Central Plateau'' 
while meeting the rear end marking device requirements for passenger 
cars.
    ``Guidelines For Testing FRA Rear End Marking Devices'' specifies 
the test procedures for approval of new marking devices. Tests are 
conducted and approval is granted for the complete device (light source 
and housing). There is no separate test of the light source. The 
guidelines require that five samples of the marking device be tested. 
Mr. Seibold's proposal includes 60PAR/2/R sealed beam lamp. This same 
lamp has been approved as part of all marking devices used by Amtrak 
and others. To forego the specific testing requirements of Part 221, 
which are written for commercially produced devices, Mr. Seibold 
requests an FRA identification number be assigned to his marking device 
which includes a lamp already approved in other devices.

    Issued in Washington, DC on April 25, 1995.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-11067 Filed 5-4-95; 8:45 am]
BILLING CODE 4910-06-P