[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19851-19853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10501]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Petitions for Waivers of Compliance and Notice of
Hearing
In accordance with Title 49 Code of Federal Regulations (CFR)
Sections 211.9 and 211.41, notice is hereby given that the Federal
Railroad Administration (FRA) has received requests for waivers of
compliance with certain requirements of the Federal railroad safety
regulations. The individual petitions are described below, including
the party seeking relief, the regulatory provisions involved, the
nature of the relief being sought and the petitioner's arguments in
favor of relief.
Union Pacific Railroad, FRA Waiver Petition Nos. WPS-97-1, WPS-97-2
Union Pacific seeks a permanent waiver of compliance from certain
provisions of 49 CFR Part 214, Railroad Workplace Safety, Subpart C,
Roadway Worker Protection. Union Pacific specifically seeks relief from
49 CFR 214.329, Train Approach Warning Provided by Watchmen/Lookouts,
which requires that ``Roadway workers in a roadway work group who foul
any track outside of working limits shall be given warning of
approaching trains by one or more watchmen/lookouts * * *'' Union
Pacific wishes to use an automatic train approach warning system (TAWS)
and automatic highway-rail grade crossing warning devices in place of
watchmen/lookouts for the provision of train approach warning for
roadway workers who foul a track outside of working limits at certain
equipped locations, and under specific conditions.
FRA published, on December 16, 1996, a Final Rule amending 49 CFR
214 by adding Roadway Worker Protection Standards. The amendment became
effective on January 15, 1997. The Rule requires that Class I
railroads, including Union Pacific, be in compliance by March 15, 1997.
The regulation mandates clearly defined methods of protection against
moving trains and railroad equipment for railroad employees who perform
certain maintenance and inspection duties on and near railroad tracks.
Union Pacific, a Class I railroad, has requested a waiver to permit
the use of two different types of systems to provide train approach
warning. The first system for which a waiver is requested is the
automatic UP Train Approach Warning System (TAWS). According to UP, the
TAWS has been in place at control points on much of UP's heaviest
tonnage routes since 1978. It has become part of the UP standard
package at all new control points installed on UP. UP states that there
have been no recorded instances where TAWS failed to perform its
intended function of illuminating a blue rotating light and sounding an
audible alarm one minute prior to the approach of a train to alert a
roadway worker.
UP avers that the TAWS, properly utilized, is more effective than a
watchman/lookout, providing a longer warning time and not being
susceptible to distraction or fatigue. Information provided by UP
indicates that the TAWS is an integral part of the signal and train
control system, incorporating the same level of reliability and
principles of fail-safe design.
The second system for which waiver is requested is the automatic
highway-rail grade crossing warning device. UP states that these
devices have been in use for many years to provide warning to motorists
of the approach of trains to highway-rail grade crossings. UP states
that these devices are designed to provide at least 20 seconds warning
of the approach of a train to the crossing, and that they meet the
requirements for sufficient warning time for roadway workers to move to
a place of safety not less than 15 seconds before the arrival of a
train. UP has not stated specifically whether all or some, or which,
types of automatic highway-rail grade crossing warning devices would be
subject to the waiver petition. UP did state that a roadway worker must
be able to both see and hear the activation of the device, thus
implying that only devices with both audible and visual warning
features would be subject to this petition. UP has included with the
petition a set of detailed rules and instruction for the operation and
use of both types of devices for the purpose of providing warning of
approaching trains to roadway workers.
Norfolk Southern Railway Company, FRA Waiver Petition No. WPS-97-3
Norfolk Southern Railway Company (NS), a Class I railroad company,
seeks a permanent waiver of compliance from certain provisions of 49
CFR Part 214, Railroad Workplace Safety, Subpart C, Roadway Worker
Protection. NS specifically seeks a waiver of 214.337(c)(3), which
states:
(c) Individual train detection may be used to establish on-track
safety only: * * *
(3) On track outside the limits of a manual interlocking, a
controlled point, or a remotely controlled hump yard facility; * * * .
NS requests that FRA grant relief to NS by allowing the NS Roadway
Worker Protection Program to permit a lone worker performing inspection
and minor correction work to use individual train detection for
providing on-track safety only: [a] at those locations within manual
interlockings, controlled points and remotely controlled hump yards
where suitable visibility, noise, hearing, and adjacent track
conditions; and [b] only in connection with inspection and minor
correction work activities which do not interfere with the safe passage
of trains and engines.
NS avers that the requested waiver will not compromise the safety
of roadway workers who utilize its provisions, and that, if the waiver
is not granted, that safety will be hindered rather than improved by
hindering
[[Page 19852]]
incidental inspections which are presently being performed over and
above the requirements of the Federal Railroad Administration. NS
further avers that, if the requested waiver is not granted, NS will
incur substantially increased operating costs without achieving any
economic or safety benefits.
NS has included with its petition proposed language for its Roadway
Worker Protection Program which would be adopted should FRA grant the
petition, and a statement of costs associated with the subject
provision of the Rule.
Southeastern Pennsylvania Transportation Authority, FRA Waiver
Petition No. WPS-97-4
Southeastern Pennsylvania Transportation Authority (SEPTA), a
publicly owner passenger railroad, seeks a temporary waiver of
compliance from one provision of 49 CFR Part 214, Railroad Workplace
Safety, Subpart C, Roadway Worker Protection. SEPTA specifically seeks
relief from 49 CFR 214.305, Compliance dates. SEPTA states that
allowing only 90 days to come into compliance from the date of the
Final Rule's publication does not give ample time to file waiver
requests, receive responses from FRA, modify on-track safety program
drafts in accordance with FRA's response, modify on-track safety
manuals, modify training programs, and train railroad and contractor
employees. SEPTA specifically request that the compliance date be
extended not to exceed 120 days, after notification of FRA's waiver
determination.
SEPTA also seeks a permanent waiver of compliance from the
following additional provisions of 49 CFR Part 214, Railroad Workplace
Safety, Subpart C, Roadway Worker Protection:
49 CFR 214.337, On track safety procedures for lone workers,
subsection (c)(3), to permit lone workers to use individual train
detection in the limits of interlockings and controlled points;
49 CFR 214.327, Inaccessible track, to permit the use of train
approach warning on non-controlled tracks in yards; and
49 CFR 214.319, Working limits, generally, to permit the use of
restricted speed in conjunction with a portable whistle sign as one
means of providing protection for roadway workers on both controlled
and non-controlled track.
Northern Indiana Commuter Transportation District, FRA Waiver
Petition No. WPS-97-5
Northern Indiana Commuter Transportation District (NICD), a
publicly owner passenger railroad, seeks a temporary waiver of
compliance from one provision of 49 CFR Part 214, Railroad Workplace
Safety, Subpart C, Roadway Worker Protection. NICD specifically seeks
relief from 49 CFR 214.305, Compliance dates, in which NICD seeks an
extension of the compliance date from March 15, 1997 to June 15, 1997.
NICD states that the additional time is needed to train approximately
200 employees on its roadway worker protection program,
NICD seeks a permanent waiver of compliance with the following
provisions of 49 CFR Part 214, Railroad Workplace Safety, Subpart C,
Roadway Worker Protection:
49 CFR 214.319, Working limits, in which NICD wishes to allow the
use of restricted speed as an alternative means of providing on-track
safety protection. NICD avers that it has in the past used slow speeds
on adjacent tracks to provide additional protection for roadway workers
engaged in large scale maintenance or renewal projects on out-of-
service tracks.
49 CFR 214.327, Inaccessible track, in which NICD wishes to allow
the use train approach warning as prescribed in 49 CFR 214.329, in lieu
of establishing working limits through the use of inaccessible track in
Shops Yard, Michigan City, Indiana.
49 CFR 214.329, Train approach warning provided by watchmen/
lookouts, in which NICD wishes to allow watchmen/lookouts to perform
functions other than that of watching for the approach of trains, while
a roadway work group is utilizing definite train location for on-track
safety until ten minutes before the departure of a scheduled train at
the nearest station.
49 CFR 214.331, Definite train location, in which NICD wishes to
continue to use the provisions of this section without a phase-out date
as called for in section 214.331 (b).
49 CFR 214.323, Foul time, in which NICD wishes to allow the
Superintendent of Transportation or his designee to issue foul time,
rather than the train dispatcher or control operator.
NICD includes with its petition examples of situations in which
each of the requested waivers would be used on its property.
New Jersey Transit Rail Operations, FRA Waiver Petition No. WPS-97-
6
New Jersey Transit Rail Operations (NJTRO), a publicly owned
passenger railroad, seeks a temporary waiver of compliance from a
provision of 49 CFR Part 214, Railroad Workplace Safety, Subpart C,
Roadway Worker Protection. NJTRO seeks relief from 49 CFR 214.305,
which states:
Each program adopted by a railroad shall comply not later than the
date specified in the following schedule: * * *
(a) For each Class I railroad (including National Railroad
Passenger Corporation) and each railroad providing commuter service in
a metropolitan or suburban area, March 15, 1997.* * *
NJTRO requests that the compliance date be extended to July 15,
1997. NJTRO avers that the requested extension will allow NJTRO to
fully train and qualify its employees, and will minimize the financial
and operational impact associated with the original compliance date.
NJTRO has attached to its petition a copy of its rules for the
protection of trains.
Long Island Rail Road, FRA Waiver Petition No. WPS-97-7
The Long Island Rail Road (LIRR), a publicly owned passenger
railroad, seeks a temporary waiver of compliance from one provision of
49 CFR Part 214, Railroad Workplace Safety, Subpart C, Roadway Worker
Protection. LIRR seeks relief from 49 CFR 214.305, Compliance dates, by
requesting an extension of the compliance date from March 15, 1997 to
June 15, 1997. LIRR states that the additional time is needed to fully
integrate professional training for approximately 1,475 employees who
will require training in its roadway worker protection program.
LIRR also seeks a permanent waiver of compliance from the following
additional provisions of the 49 CFR Part 214, Railroad Workplace
Safety, Subpart C, Roadway Worker Protection:
49 CFR 214.337 On track safety procedures for lone workers,
subsection (c) (3), to permit lone workers to use individual train
detection in the limits of its 39 interlockings which incorporate only
two tracks.
49 CFR 214.327 Inaccessible track, in conjunction with a waiver of
49 CFR 214.337 to permit the use of individual train detection by lone
workers in its 28 non-hump yards with a maximum train speed of 15 miles
per hour, and in conjunction with a waiver of 49 CFR 214.319, Working
limits, generally, to permit the use of train approach warning by
roadway work groups in the same 28 yards.
49 CFR 214.319 Working limits, generally, to permit the use of
restricted speed as one means of providing protection for roadway
workers on both controlled and non-controlled track, and
49 CFR 214.343, Training and qualification, general, and 49 CFR
[[Page 19853]]
214.353, Training and qualification of roadway workers who provide on-
track safety for roadway work groups to permit the examination and
qualification of such employees every three years rather than annually
as required in the current Rule.
Alaska Railroad Corporation, FRA Waiver Petition No. WPS-97-8
The Alaska Railroad Corporation (ARRC), a publicly owner passenger
railroad, seeks a temporary waiver of compliance from one provision of
49 CFR Part 214, Railroad Workplace Safety, Subpart C, Roadway Worker
Protection. ARRC seeks relief from 49 CFR 214.305, Compliance dates, by
requesting an extension of the compliance date from March 15, 1997 to
January 1, 1998. ARRC states that additional time is needed to permit
it to replace its present method of train operation by time table and
train orders with a positive train separation system. ARRC avers that
to implement a roadway worker protection program based on informational
lineups at this time, and then to replace that system within the year
might serve to confuse its roadway workers. ARRC plans to have the
positive train separation system in place by October 15, 1997, and to
implement a method of exclusive track occupancy for protection of
roadway workers after that date.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. All communications
concerning these proceedings should identify the appropriate docket
number (e.g., Waiver Petition Docket Number WPS-97-1) 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 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 (9:00 a.m.--5:00 p.m.) at
FRA's temporary docket room located at 1120 Vermont Avenue, N.W., Room
7051, Washington, D.C. 20005.
FRA has determined that a public hearing is necessary before making
a final decision on these petitions. Accordingly, a public hearing is
hereby set for 9:00 a.m. on May 22, 1997, at The Westin, 1400 M Street,
N.W., Vista Ballroom A, Washington, D.C. 20005. Interested parties are
invited to present oral statements at this hearing.
The hearing will be informal and conducted in accordance with Rule
25 of FRA's Rules of Practice (49 CFR 211.25) by a representative
designated by FRA. FRA's representative will make an opening statement
outlining the scope of the hearing, as well as any additional
procedures for the conduct of the hearing. The hearing will be non-
adversarial proceeding in which all interested parties will be given
the opportunity to express their views regarding this waiver petition,
without cross-examination. After all initial statements have been
completed, those persons wishing to make a brief rebuttal will be given
an opportunity to do so in the same order in which initial statements
were made.
Issued in Washington, D.C. on April 15, 1997.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 97-10501 Filed 4-22-97; 8:45 am]
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