[Federal Register: May 20, 2003 (Volume 68, Number 97)]
[Notices]
[Page 27627-27628]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my03-165]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
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.
Oregon Department of Transportation
(Waiver Petition Docket Number FRA-2003-15168)
The State of Oregon, Department of Transportation (ODOT) owns three
self-propelled passenger coaches (Railway Diesel Cars--RDC) which were
built by the Budd Company in 1956. These cars are not used in regular
commuter service, but only on a limited seasonal
[[Page 27628]]
basis in conjunction with the Lewis and Clark Expedition bicentennial.
The cars operate one round trip per day, four days per week (Thursday
to Sunday), on trackage owned by the Portland and Western Railroad. The
excursion trains operate from a station in Portland, Oregon to Astoria,
Oregon where passengers may board special shuttle busses to nearby Fort
Clatsop National Historic Site where Lewis and Clark wintered over in
1805-06.
The route traversed by this train goes through three very different
types of geography:
1. The first four miles of BNSF track and first two miles of the
Portland & Western Railroad are mostly through an industrial area of
northwest Portland. This route is also used by Portland to Seattle,
Washington intercity trains. Vandalism to passenger trains has not been
reported as being a problem;
2. The next 87 miles is mostly rural and a light density population
area. This section has no known history of vandalism or incidents of
property damage to railroad equipment;
3. The last six miles in Astoria is located on fills and trestles
with no public access to trackside. The final segment is adjacent to
the Astoria Waterfront Trolley which has not been subjected to
incidents of vandalism.
ODOT requests temporary relief from the requirements of Title 49
Code of Federal Regulations (CFR) 223.15 Requirements for existing
passenger cars due to the infrequent use of the cars, the planned usage
for excursion service, and the cost schedule of installing compliant
glazing prior to initiation of service. The cars are former VIA Rail
Canada equipment and have a double-pane combination of \1/4\-inch thick
safety glass inside and plate glass outside. This glazing system
remains the standard in Canada for passenger equipment and these cars
are fully compliant with Canadian glazing standards. Also, removable
emergency exit windows have been installed in each car as required by
49 CFR 223.15(c). Therefore, the petitioner believes that the operation
of these cars, as equipped, would not pose a safety hazard to
passengers or employees.
ODOT intends to replace the side facing windows with compliant FRA
Type II glazing and has requested funding to do so from the Oregon
State Legislature. ODOT believes that the glazing on all three cars can
be brought into compliance with the requirements of 49 CFR 223.15 by
May 2004.
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.
FRA's Office of Safety Assurance and Compliance issued a letter to
ODOT on May 13, 2003 which stated that no exception will be taken to
the continued use of these cars in excursion service until a Final
Decision is rendered by FRA's Railroad Safety Board which shall take
precedence. Due to exigent circumstances related to the start of
planned service, FRA may act on this waiver request before the close of
the comment period. However, FRA reserves the right to rescind or
modify any approval or denial based upon receipt of comments which, in
FRA's judgement, raise significant issues.
All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2003-15168) 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 30 days of the
date of this notice will be considered by FRA. 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.) at FRA's
temporary docket room located at 1120 Vermont Avenue, NW., Room 7051,
Washington, DC 20005.
Issued in Washington, DC on May 14, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program
Development.
[FR Doc. 03-12633 Filed 5-19-03; 8:45 am]
BILLING CODE 4910-06-P