[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Notices]
[Pages 18877-18878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9142]



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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby 
given that the Federal Railroad Administration (FRA) received from the 
Southern Pacific Transportation Company a request for a waiver of 
compliance with certain requirements of the Code of Federal 
Regulations. The petition is described below, including the regulatory 
provisions involved, and the nature of the relief being requested.

Southern Pacific Transportation Company (SP) (Waiver Petition, 
Docket Number RST-95-1)

    The SP has requested to be relieved of compliance with 
Sec. 213.57(b) of the Federal Track Safety Standards (Title 49 CFR part 
213). That section refers to maximum allowable train operating speeds 
on nontangent track as a function of existing curvature and 
superelevation and, further, introduces the concept of unbalanced 
superelevation. The idea of trains negotiating curved track at speeds 
producing either positive or negative unbalance was discussed 
previously in the Federal Register (52 FR 38035 on October 13, 1987). 
Currently, Section 213.57(b) permits a maximum of 3 inches to be used 
as the 2 underbalance term in the formulation of curve/speed tables by 
track maintenance engineers defining intermediate train speeds and 
curved track superelevations for any route between two points.
    SP petitioned for permission to substitute the value of 4 inches 
instead of 3 inches in determining maximum train speeds on several 
hundred route-miles of track owned by the railroad and used under 
contract by the National Railroad Passenger Corporation (Amtrak). SP 
has stated that it is doing this to assist Amtrak in improving its 
operating efficiency. SP believes that passenger trains can be operated 
safely at 4 inches of underbalance and cites Amtrak's experience in 
operating comparable equipment on the Union Pacific Railroad Company 
and the Burlington Northern Railroad Company at 4 inches of 
underbalance. SP's policy to operate freight trains at less than 3 
inches of underbalance will be unaffected by the proposed waiver.
    Interested parties may submit written views, data, or comments on 
this petition. 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 and opportunity for 
comment, they should notify FRA, in writing, before the end of the 
comment period and specify the basis for their request.
    All communication concerning this proceeding should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number RST-95-
1) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street, S.W., Washington, D.C. 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, S.W., Washington, D.C. 
20590.


[[Page 18878]]

    Issued in Washington, D.C. on April 6, 1995.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-9142 Filed 4-12-95; 8:45 am]
BILLING CODE 4910-06-P