[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Page 38688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19103]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petitions for Waivers of Compliance
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 a request for waiver of
compliance with certain requirements of the Federal railroad safety
regulations. The individual petition is 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.
Northeast Illinois Railroad Corporation
[FRA Waiver Petition No. WPS-98-1]
Northeast Illinois Railroad Corporation (METRA) seeks a permanent
waiver of compliance from certain provisions of the Roadway Worker
Protection Standards, 49 CFR Part 214, Subpart C. Metra seeks a waiver
of 49 CFR 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; * * *
Specifically, METRA requests relief that will permit a lone worker
to perform inspections and minor repairs within an interlocking or
control point utilizing Individual Train Detection (ITD) supplemented
by a system termed Intelligent Train Approach Warning (ITAW). According
to METRA, the ITAW will consist of a vibration sensitive pager-like
device and a portable audible/visual device transported to the area
where the lone worker is engaged in work. METRA indicates that the ITAW
will be governed by a series of rules which will enhance and promote
safety as the ITAW system never walks away, gets distracted or becomes
involved in other human tendencies.
METRA desires to conduct tests of the ITAW system at two locations
on their system during which all provisions of 49 CFR Part 214 relating
to the protection of on-track workers will be strictly adhered to
utilizing either foul time or look-out protection. METRA states ``only
after the system's integrity and fail proof technologies have been
tested and found to be fail safe 100% of the time will the provisions
requested in the waiver be exercised.'' METRA has included with the
petition a set of detailed rules and instruction for the operation and
use of the ITAWS for the purpose of providing warning of approaching
trains to roadway workers.
Interested parties are invited to participate in this proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with this proceeding 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 WPS-98-
1) 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 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 this proceeding are
available for examination during regular business hours (9:00 a.m.-5:00
p.m.) at FRA's docket room located at 1120 Vermont Avenue, NW, Room
7051, Washington, DC 20005.
Issued in Washington, DC, on July 13, 1998.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 98-19103 Filed 7-16-98; 8:45 am]
BILLING CODE 4910-06-P
