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FRA Glazing Waiver Template Application with an efficient and economical means to file waivers form:

  • FRA Part 223 Glazing Waiver.

    DEPARTMENT OF TRANSPORTATION

    .Federal Railroad Administration Glazing Compliance [Docket Number FRA–2013–0122] Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated January 17, 2013, Railserve, Inc. (RASX) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 223, Safety Glazing Standards—Locomotives, Passenger Cars and Cabooses. FRA assigned the petition Docket Number FRA–2013–0122.

    RASX of Atlanta, GA, petitioned for a waiver of compliance for two locomotives from the requirements of 49 CFR 223.11, Requirements for existing locomotives, which requires certified glazing in all windows. The reporting marks on these locomotives are RASX 5524 and RASX 702. These locomotives are used in switching operations inside the SC Johnson Wax Plant in Sturtevant, WI. The switching operations involved interchange with the Union Pacific Railroad and the Canadian Pacific Railway for inbound and outbound cars on general system railroad trackage that is less than 1 mile long. RASX stated that there is no history of vandalism at the SC Johnson Wax Chemical Plant in Sturtevant, WI, and that the locomotives are parked inside the plant when not in use. The top speed of operations is 5 mph. RASX also stated that to install glass that meets FRA specifications would be cost prohibitive.

    A copy of the petition, as well as any written communications concerning the petition, is available for review online at:

    www.regulations.gov

    In person at:

    U.S. Department of Transportation
    Docket Operations Facility,
    1200 New Operations Facility
    Open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

    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 and may be submitted by any of the following methods:

  • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments.
  • Fax: 202–493–2251.
  • Mail:

    Docket Operations Facility,
    U.S. Department of Transportation,
    1200 New Jersey Avenue SE., W12–140,
    Washington, DC 20590.

  • Hand Delivery:v 1200 New Jersey Avenue SE., Room W12–140,
    Washington, DC 20590,
    Between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.

    Communications received by March 7, 2014 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). See http:// www.regulations.gov/#!privacyNotice, for the privacy notice of regulations.gov or interested parties may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477).

    Robert C. Lauby,
    Associate Administrator for Railroad Safety,
    Chief Safety Officer.
    [FR Doc. 2014–00955 Filed 1–17–14; 8:45 am]
    BILLING CODE 4910–06–P










  • The Federal Railroad Administration recently implemented new safety glazing standards for railroad passenger cars. Review required information for waivers and the FRA's definitions:

  • Title 49-Vol. 4-Sec. 238-5 Equipment Definitions
  • FRA Motive Power & Equipment Compliance Manual
  • Title 49 CFR Part 223 on Safety Glazing
  • PART 223—Safety Glazing Standards-Locomotives-Passenger Cars- Cabooses



    “Historical equipment ”refers to locomotives, passenger coaches or cabooses which have historical significance “Antiquated equipment” - In general, the FRA Railroad Safety Board considers passenger cars built prior to the end of World War II (1945 or earlier) to be antiquated

    “Excursion” means an operation which transports passengers to one or more points of interest and returns them to the original point of departure

    If passenger equipment was built post 1945 you have the following options:

    A. Bring equipment into glazing compliance with applicable requirements of the CFR
    B. Apply to the FRA's Railroad Safety Board for a waiver of each peice of non compliant equipment.
    C. Remove the equipment from service.

  • If a private passenger car is used for private transportation purposes Title 49 CFR Part 223 does NOT apply

  • If a private passenger car is used for Tourist/Excursion purposes and was built before January 1, 1946, Title 49 CFR Part 233 does NOT apply.

  • If a private passenger car is used for Tourist/Excursion purposes and was built after January 1, 1946, Title 49 CFR Part 233 DOES apply.

  • If the requirements of 49 CFR part 223 apply to your car then it shall be equipped with certified glazing in all windows and a minimum of four emergency windows after June 30, 1984.FRA Type I Forward/Rearward Facing, FRA Type II Side Facing. In the event of vandalism, the damaged glazing must be replaced with compliant material.

  • If your private car is used in tourist/excursion service on a rare occasion, and FRA considers it to be “non-compliant”, you may apply to FRA for permission to operate the car under specified safety conditions:

  • The request letter must be sent to FRA’s Headquarters in Washington, DC Not the Regional Office FRA will conduct a safety inspection of the equipment.

  • If FRA’s Office of Safety chooses to exercise “one-time” Enforcement Discretion, you will receive a letter with specified safety conditions that must be forwarded to the railroads handling the equipment.

  • If your private car is used in tourist/excursion service frequently, and FRA considers it to be “non-compliant”, you may apply to FRA for a waiver to operate the car under specified safety conditions:

    The request letter must be sent to FRA’s Docket Clerk at Headquarters in Washington, DC Not the Regional Office FRA will conduct a safety inspection of the equipment

  • If FRA’s Railroad Safety Board grants your waiver petition, you will receive an approval letter with specified safety conditions that must be forwarded to the railroads handling the equipment, and a time limit for the waiver. Typically five years with an option for renewal

  • FRA Safety Board Waiver Process

  • Waiver Request Mailing Address:
    Docket Clerk
    Federal Railroad Administration
    1200 New Jersey Ave., SE
    Washington, DC 20590

  • Enforcement Discretion Letter:
    Mr. Edward W. Pritchard
    Director, Office of Safety Assurance & Compliance
    Federal Railroad Administration
    Mail Stop 25
    1200 New Jersey Ave., SE
    Washington, DC 20590


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