[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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