[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Notices]
[Pages 50549-50550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24253]
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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.
Mass Transit Administration; FRA Waiver Petition No. FRA-1999-5987
The Mass Transit Administration of the Maryland Department of
Transportation (MTA), dba as Marc Train Service, seeks a permanent
waiver of compliance from certain provisions of the Roadway Worker
Protection Standards, 49 CFR Part 214, Subpart C. MTA seeks a waiver of
49 CFR 214.329 which states:
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 in accordance with the following provisions:
[[Page 50550]]
(a) Train approach warning shall be given in sufficient time to
enable each roadway worker to move to and occupy a previously arranged
place of safety not less than 15 seconds before a train moving at the
maximum speed authorized on that track can pass the location of the
roadway worker.
(b) Watchmen/lookouts assigned to provide train approach warning
shall devote full attention to detecting the approach of trains and
communicating a warning thereof, and shall not be assigned any other
duties while functioning as watchmen/lookouts.
(c) The means used by a watchman/lookout to communicate a train
approach warning shall be distinctive and shall clearly signify to all
recipients of the warning that a train or other on-track equipment is
approaching.
(d) Every roadway worker who depends upon train approach warning
for on-track safety shall maintain a position that will enable him or
her to receive a train approach warning communicated by a watchman/
lookout at any time while on-track safety is provided by train approach
warning.
(e) Watchmen/lookouts shall communicate train approach warnings by
a means that does not require a warned employee to be looking in any
particular direction at the time of the warning, and that can be
detected by the warned employee regardless of noise or distraction of
work.
(f) Every roadway worker who is assigned the duties of a watchman/
lookout shall first be trained, qualified and designated in writing by
the employer to do so in accordance with the provisions of Sec.
214.349.
(g) Every watchman/lookout shall be provided by the employer with
the equipment necessary for compliance with the on-track safety duties
which the watchman/lookout will perform.
MTA requests permission to use radios to provide notification of
approaching trains. In addition to use of radios, backup protection
would be provided by lookouts, which would provide less than 15 seconds
clearing time as required by Sec. 214.329(a), but would provide
adequate time for workers clearing crosswalks with hand tools to vacate
the fouling envelope.
This waiver applies to employees contracted to MTA who are engaged
in the clearing of snow at commuter rail stations. MTA commuter rail
stations are located on CSXT and National Railroad Passenger
Corporation (Amtrak) rail lines. The MTA contractors, who are trained
by MTA on Roadway Worker Protection procedures, remove snow from
station platforms clear of the fouling envelope. MTA has 20 stations on
CSX where walkways cross the tracks at grade which are used by
passengers, including eight stations where the walkways provide ADA
access. Amtrak employees provide protection when snow is cleared from
walkways on that railroad.
In order to comply with the requirements of 214.329, MTA must place
up to four lookouts to relay a visual warning of an approaching trains
at certain stations when clearing snow from crosswalks. MTA is
concerned about exposing non-railroad contract employees to injury due
to the inherent risk involved in walking along a railroad right of way
in snowy or icy conditions to position an advance lookout. While the
number of lookouts vary by station, lookouts are required to provide
2933 feet sight distance requiring them to walk up to half a mile at
certain locations.
MTA's procedure requires a lookout, with a radio, to be located on
a bridge or road sufficiently far from the crosswalk to provide a
minimum of 30 seconds clearing time. Work cannot begin until the
lookout with the radio has established contact with the lookout
stationed directly adjacent to the worker. The outlying lookout must
transmit a message every five seconds indicating that no trains are
approaching. If the lookout adjacent to the worker does not hear a
transmission in at least ten seconds he or she must assume radio
failure and remove the worker from the fouling envelope. As a backup, a
secondary lookout will be placed at each station, with a clear view and
within visual and audible range of the worker, who can provide a
minimum of 10-15 seconds warning. The clearing time of the worker on
the crosswalk is two to three seconds. This backup lookout is a
secondary, and not the primary means of protection.
Interested parties are invited to participate in this proceeding 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 FRA
1999-5987) and must be submitted to the DOT Docket Management Facility,
Room PL-401 (Plaza level) 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 this proceeding are available for
examination during regular business hours (9:00 a.m.-5:00 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.
Issued in Washington, D.C. on September 10, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 99-24253 Filed 9-16-99; 8:45 am]
BILLING CODE 4910-06-P
