[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