[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]


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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