[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Notices]
[Page 2569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1313]



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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Petition for Waivers of Compliance

    In accordance with 49 CFR Sections 211.9, 211.41 and 211.45, notice 
is hereby given that the Federal Railroad Administration (FRA) has 
received a request for a waiver of compliance with certain requirements 
of the Federal safety laws and regulations. The individual petitions 
are described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested and the 
petitioner's arguments in favor of relief.

Renfe Talgo of America, Incorporated

FRA Docket Numbers RSGM-94-2 and SA-94-1

    Renfe Talgo of America, Incorporated (RTOA) petitioned the FRA to 
permit the operation of a second TALGO Pendular Train (TALGO) trainset 
expected to arrive at the Port of Baltimore on or about January 28, 
1996. The trainset is similar to the one presently operating in the 
State of Washington under conditional waivers. The original request was 
for waivers of compliance with certain provisions of the Railroad 
Safety Glazing Standards (49 CFR Part 223) under Docket Number RSGM-94-
2 and Railroad Safety Appliance Standards (49 CFR Part 231), under 
Docket Number SA-94-1 (see FR 9016, February 24, 1994). RTOA requested 
that the conditional waiver granted the first Talgo trainset be 
extended to include the second train set.
    RTOA was granted the original waivers in order to permit operation 
of a TALGO train under two conditions. It was intended that the train 
would be operated (1) in non-revenue demonstration runs and (2) in 
revenue service as part of a regularly scheduled service operated by 
National Railroad Passenger Corporation (Amtrak) in the Pacific 
Northwest High Speed Rail Corridor. The first TALGO train completed 
demonstration runs between a number of city pairs and is currently in 
revenue service under contract to the Washington State Department of 
Transportation (WSDOT).
    The second TALGO trainset will be comprised of 15 Pendular cars, 
which would include two service cars, one sleeper car, one dining car, 
one cafeteria car and ten coaches. It is similar to the trainset 
currently in service in Washington State. RTOA seeks to include the 
second TALGO train in the current conditional waivers from compliance 
with the Railroad Glazing Standards, (49 CFR 223.15 (b)), which 
requires that all side facing glazing on passenger cars must meet the 
FRA Type II testing criteria. The original petition RTOA stated that 
the side facing glazing of the TALGO train may in fact meet the FRA 
requirements for FRA Type II, but it had not been subjected to the test 
specified in the regulation. The windows in the sides of the cars are 
double glazed with tempered safety glass. Each layer is 6 mm (.24 
inches) thick with an air space in between the two layers. RTOA says 
that there is not sufficient time to retrofit windows in the TALGO 
train prior to shipment from Spain.
    The original RTOA petition also sought a waiver from compliance of 
the Railroad Safety Appliance Standards, (49 CFR 231.14) and Sections 2 
and 4 of the Safety Appliance Act (45 U.S.C. Sections 2 and 4), which 
requires that each passenger car must be equipped with side handholds, 
end handholds and uncoupling levers. The passenger cars have side 
handholds at the doors for the assistance of passengers, but there are 
no side handholds or end handholds which the rules contemplate for use 
in switching operations or coupling and uncoupling. RTOA states that 
the cars in the TALGO train constitute a single unit, in that the cars 
will not be uncoupled from one another, except at specified maintenance 
facilities. The individual cars are joined by swivel type traction bars 
which will not uncouple in normal operations and because of this 
configuration there is no need for uncoupling levers. Standard AAR Type 
E couplers will be installed at the ends of the front and rear service 
cars.
    According to RTOA and Amtrak West Business Unit, the TALGO train 
will be moved directly from Baltimore to Oakland, California. RTOA and 
Amtrak West are cooperating in evaluating existing and potential 
emerging rail corridors. Amtrak suggested the following tentative list 
of city pairs for both revenue service and demonstration runs for the 
TALGO train:

Oakland, California to Reno, Nevada (non-revenue)
Oakland to Bakersfield, California (revenue)
Altamount Pass (non-revenue)
Los Angeles, California to Las Vegas, Nevada (revenue special)
Los Angeles/San Diego, California to Santa Barbara, California 
(revenue)
Los Angeles to San Francisco, California (revenue)

    RTOA says that after the revenue and demonstration runs are 
completed, it is their intention to have this second TALGO train 
operate in the Pacific Northwest. If TALGO is the successful bidder to 
provide two trainsets to the State of Washington, the two trainsets 
would be leased to WSDOT for an interim period which would terminate 
upon delivery of the two trainsets manufactured to WSDOT specification.
    Interested parties are invited to participate in this proceeding by 
submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with this proceeding 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 SA-94-1) 
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 30 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 a.m.--5 p.m.) in Room 
8201, Nassif Building, 400 Seventh Street, S.W., Washington, D.C. 
20590.

    Issued in Washington, D.C. on January 22, 1995.
Phil Olekszyk,
Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 96-1313 Filed 1-25-96;8:45am]
BILLING CODE 4910-06-M