[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-24057] [[Page Unknown]] [Federal Register: September 29, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with 49 CFR 211.9 and 211.41, 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 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. Herzog Contracting Corporation (Herzog) Docket Number RSGM-94-15 Herzog seeks a permanent waiver of compliance with certain provisions of the Railroad Safety Glazing Standards (49 CFR Part 223) for its Rail King Model SS 4400 railcar movers leased to various railroads. Herzog Railroad Division offers numerous types of equipment for lease to railroads either with or without operators and maintenance. Herzog has leased mobile railcar movers to railroads for use in track maintenance projects for 17 years without safety related incident. The Rail King Model SS 4400 is defined as a locomotive and must comply with Sec. 223.11(a), which requires Type 1 test certified glazing in the frontward and rearward facing windows, and Type II test certified glazing in the side facing windows. The Rail King SS 4400 glazing material is made to specification AS1 Safety Laminated. Herzog was granted a waiver, RSGM-88-29, to operate Tracmobile car movers without certified glazing. The glazing material in Tracmobile car movers is either laminated and/or tempered. Herzog is requesting this waiver for the following reasons: 1. Machines are used only for Maintenance of Way projects. 2. They do not handle revenue freight or passenger. 3. Speed is less than 20 mph. 4. They handle approximately 10 cars. 5. FRA glazing is very expensive and delivery time is approximately 4 months. 6. The cabs are not constructed to accommodate the extra weight. 7. The existing waiver, RSGM-88-29, has been in use for approximately 5 years without any glass related incidents. 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 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- 15) 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 November 2, 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 (9:00 a.m.-5:00 p.m.) in Room 8201, Nassif Building, 400 Seventh Street S.W., Washington, D.C. 20590. Issued in Washington, D.C. on September 23, 1994. Phil Olekszyk, Acting Deputy Associate Administrator for Safety Compliance and Program Implementation. [FR Doc. 94-24057 Filed 9-28-94; 8:45 am] BILLING CODE 4910-06-P