97-6371. Petition for Waiver of Compliance  

  • [Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
    [Notices]
    [Pages 11945-11946]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-6371]
    
    
    -----------------------------------------------------------------------
    
    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.
    
    Southern Pacific Transportation Company; (Waiver Petition Docket Number 
    RSOP-96-1)
    
        SP seeks a waiver of compliance from certain sections of 49 CFR 
    part 218, subpart B--Blue Signal Protection of Workers. SP is 
    requesting a permanent waiver of the provisions of 49 CFR 218.25 
    ``Workers on a main track'' at it's El Paso, Texas, fueling facility. 
    SP, as of
    
    [[Page 11946]]
    
    May 29, 1996, designated four additional tacks as main tracks at the El 
    Paso facility for a total of six main tracks in the El Paso facility. 
    These tracks are in the middle of the El Paso facility and are sued for 
    functions normally performed on yard tracks. Trains passing through the 
    El Paso facility stop on one of the main tracks for fuel, locomotive 
    inspection, or adding or removing power from the train. To perform this 
    work on the main track, SP must provide blue signal protection under 49 
    CFR 218.25 which states in part:
        When workers are on, under, or between rolling equipment on a main 
    track:
    
    (a) A blue signal must be displayed at each end of the rolling 
    equipment; and
    (b) If the rolling equipment to be protected includes one or more 
    locomotives, a blue signal must be attached to the controlling 
    locomotive at a location where it is readily visible to the engineman 
    or operator at the controls of that locomotive.
    
    SP is requesting the flexibility to treat these main tracks at the El 
    Paso facility as tracks other than main tracks so it may have the 
    option of protecting its employees working on, under, or between 
    rolling equipment in accordance with 49 CFR 218.25 or 218.27, or a 
    combination of both. SP believes that the safest and most efficient 
    method of protecting its employees in the El Paso facility is through 
    the use of a combination of blue signal protection and remotely 
    controlled switches.
        Currently, when a train enters the El Paso facility, it stops on 
    one of the main tracks for fueling, locomotive inspection, or other 
    work. Once the train stops, before any work is performed, blue signal 
    protection is placed on the train. A mechanical employee places a blue 
    signal in front of the train. He then drives one to one and one-half 
    miles to the other end of the train to place another blue signal. This 
    usually takes 10 to 15 minutes, during which time no work can be done 
    on the train. Once the blue signals are set, work begins on the train. 
    After the work is completed, the blue signal at the front of the train 
    is removed by the mechanical employee who then drives to the other end 
    of the train to remove the other blue signal.
        SP seeks the opportunity to use remotely controlled switches alone 
    or in combination with blue signals to protect its employees working 
    on, under, or between rolling equipment on its main tracks in the El 
    Paso facility. This can best be demonstrated by the following example: 
    ``A train enters the El Paso facility on main track 1 from the west 
    (heading eastward). Once the train comes to a stop, a blue signal would 
    be placed in front of the train. After the signal is placed on the 
    train, a blue signal would be placed in front of the train. After the 
    signal is placed on the train, a mechanical employee would contact the 
    control operator in the tower who controls the appropriate remove 
    control switch and advise him to appropriately line and lock main track 
    1 switch. Work on the train could immediately commence, avoiding the 
    delay incurred by the mechanical employee having to drive to the other 
    end of the train and set up a blue signal. Once work on the train is 
    completed, the mechanical employee would remove the blue signal at the 
    front of the train and contact the control operator to reline and 
    unlock the appropriate switch.''
        Each group of workmen will be protected by a combination of blue 
    signals and locked switches. Work on a train will not begin until blue 
    signals are set and/or switches locked. SP will be able to work trains 
    on five main tracks at the same time, reserving the sixth main track 
    for through service which will improve the efficiency of the El Paso 
    facility and provide the same level of blue signal protection for its 
    employees.
        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 (e.g., Waiver Petition Docket Number PB-94-3) 
    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 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 FRA's temporary docket room located at 1120 Vermont Avenue, 
    NW., Room 7051, Washington, DC. 20005.
    
        Issued in Washington, DC, on March 6, 1997.
    Phil Olekszyk,
    Deputy Associate Administrator for Safety Compliance and Program 
    Implementation.
    [FR Doc. 97-6371 Filed 3-12-97; 8:45 am]
    BILLING CODE 4910-06-P
    
    
    

Document Information

Published:
03/13/1997
Department:
Federal Railroad Administration
Entry Type:
Notice
Document Number:
97-6371
Pages:
11945-11946 (2 pages)
PDF File:
97-6371.pdf