[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4415]


[Federal Register: February 28, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration Petition for Waivers of 
Compliance

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

Southern California Regional Rail Authority (SCAX)

    Due to the devastation caused by the January 17 earthquake in the 
Los Angeles, California area, a transportation emergency now exists. To 
alleviate this situation SCAX has arranged to lease 25 bi-level 
passenger cars and 7 power cars from GO Transit of Toronto, Ontario. 
The SCAX presently operates 94 bi-level cars over Metrolink, a regional 
rail network which links downtown Los Angeles and surrounding counties. 
The GO Transit cars are nearly identical to the 94 cars purchased by 
SCAX.
    The SCAX seeks waivers of compliance from certain sections of the 
Federal Railroad Administration regulations which are described herein.

FRA Docket Number SA-94-2

    The SCAX is requesting that it be permitted to operate 25 GO 
Transit bi-level commuter passenger cars and 7 power cars which do not 
fully comply with the Railroad Safety Appliance Standards (49 CFR part 
231). Section 231.14(b)(2) (``Passenger-train cars without platforms'') 
requires that the top tread of the sill step have a minimum clear depth 
of 8 inches. Section 231.14(c)(3) requires that the side corner 
handholds be located specifically in relation to the center line of the 
coupler. SCAX says that these safety appliances may not be properly 
configured.

FRA Docket Number RSGM-94-3

    The SCAX seeks a temporary waiver of compliance with certain 
provisions of the Safety Glazing Standards (49 CFR part 223) for 25 GO 
Transit passenger cars and 7 power cars. The glazing material installed 
in the equipment is manufactured to CSA-D263-1972 (ANSI Z.26.1) 
standards, laminated safety glass suitable for locomotives and railway 
cars. The side facing and end facing glazing material is not in 
compliance with 49 CFR 223.15.

FRA Docket Number RST-94-1

    The SCAX is requesting a waiver of compliance from the requirements 
of Sec. 213.57(b) of the Track Safety Standards (49 CFR part 213). 
Section 213.57(b) limits the operation of trains on curved track to 
speeds which produce no more than three 3 inches of underbalance. SCAX 
requests a waiver to operate their passenger equipment at curving 
speeds producing no more than four 4 inches of underbalance. SCAX 
maintains that curving speeds producing 4 inches of underbalance still 
provides a large measure of safety for passenger train operations.
    Due to the transportation emergency existing in the Los Angeles 
area, FRA has, on a temporary basis, conditionally waived compliance 
with the relevant portions of the rail safety regulations. FRA has, 
however, reserved the right to withdraw such approval upon receipt by 
FRA of public comment raising substantial issues of safety.
    Interested parties are invited to participate in these proceedings 
by submitting written reviews, 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 comments, 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-94-3) 
and must be submitted in triplicate to the Docket Clerk, Chief Counsel, 
Federal Railroad Administration, Nassif Building, 400 Seventh Street 
SW., Washington, DC 20590. Communications received before March 29, 
1994, 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 SW., Washington, DC 20590.

    Issued in Washington, DC on February 22, 1994.
Phil Olekszyk,
Deputy Associate Administrator for Safety.
[FR Doc. 94-4415 Filed 2-25-94; 8:45 am]
BILLING CODE 4910-06-P