[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] ----------------------------------------------------------------------- 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