[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Notices]
[Pages 36626-36627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15392]
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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 favour of relief.
National Railroad Passenger Corporation
[Docket Number FRA-2003-14444]
The National Railroad Passenger Corporation (Amtrak) has petitioned
for a permanent waiver of compliance for the Acela trainsets and HHP-8
Electric locomotives from certain dimensional requirements of the
Railroad Passenger Equipment Safety Standards, 49 CFR 238.429 and
Safety Appliance Standards, 49 CFR 231.14. Amtrak requests this relief
due to the unique carbody design of this new equipment and its
structural frame that precludes installation of safety appliances
compliant with the safety standards. Amtrak and the equipment's
manufacturer have made every effort to bring the safety appliance
arrangement into compliance, but find it not possible for the following
items:
[sbull] Requirements of Sec. 238.429(d)(4) & Sec.
231.14(c)(3)(ii)--``The maximum and minimum distances from the top of
the rail for vertical handrails and handholds shall be 51 inches * *
*''.
Proposed alternate compliance--The current handholds are
approximately 68 inches from the top of the rail. The structural
integrity of the carbody side sill would be compromised by strict
adherence to this dimensional requirement. Amtrak proposes an alternate
solution with the installation of additional horizontal handholds on
either side of the cab door, approximately 53 to 54 inches from the top
of the rail. These additional handholds will provide personnel the
support necessary for a safe ingress to the powercar or locomotive cab
area while eliminating the danger of weakening the side sill structure.
Additionally, carbody clearance constraints and strict infrastructure
clearance limits dictate that the horizontal handholds have a maximum
clearance of 2.0 inches.
[sbull] Requirements of Sec. 238.429(d)(5)--``Vertical handrails
and handholds shall continue to a point equal to the top edge of the
control cab door.''
Relief Requested--The powercar's structural members are arranged
such that they extend to a point several inches below the top of the
control cab door to maximize the integrity of the upper framework. The
vertical handholds are arranged to avoid interference with these
structural members. Serious consideration was
[[Page 36627]]
given toward applying a horizontal handhold on the uppermost portion of
the doorframe interior as an alternate compliance, but after further
analysis Amtrak determined that this would pose a greater safety risk
during the ingress and egress of personnel at this location. Therefore,
permanent relief from the requirement that the vertical handhold
continue to a point equal to the top edge of the control cab door is
requested.
[sbull] Requirements of Sec. 238.429(e)(4) & 231.14(b)(2)--``The
minimum clear depth of the sill step shall be 8 inches''.
Regarding the sill steps, to decrease the distance in the vertical
rise measurement from the original 21 inches it was necessary to raise
the upper step. This revised design maintains the clear depth
measurement at 7.5 inches. Amtrak believes that decreasing the vertical
rise while maintaining the depth between the step and the carbody
ensures a safer sill step area.
[sbull] Requirements of Sec. 238.429(e)(6) & Sec. 231.14(b)(4)--
``Sill steps shall not have a vertical rise between treads exceeding 18
inches''.
Proposed alternate compliance--The original sill step configuration
had a vertical rise of 21 inches due to constraints with the design of
the carbody's side sill. This alternate design lowers this distance to
approximately 20 inches. However, further decrease of this dimension
would result in a corresponding decrease of the 7.5-inch clear depth of
the sill step.
[sbull] Requirements of Sec. 238.429(e)(10)--``50% of the tread
surface area of each sill step shall be open space''.
Proposed alternate compliance--Amtrak believes that the current
serrated design for the lower step, with 2.25-inch high foot guards on
each side, combined with a non-skid surface material would provide a
safer tread surface than a more traditional open space design.
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.
All communications concerning these proceedings should identify the
appropriate docket number (Waiver Petition Docket Number FRA-2003-
14444) and must be submitted to the Docket Clerk, DOT Central Docket
Management Facility, Room PL-401, Washington, DC, 20590-0001.
Communications received within 45 days of the date 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.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://dms.dot.gov.
FRA wishes to inform all potential commenters that anyone is able
to search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.
Issued in Washington, DC on June 11, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 03-15392 Filed 6-17-03; 8:45 am]
BILLING CODE 4910-06-P