[Federal Register Volume 65, Number 184 (Thursday, September 21, 2000)]
[Notices]
[Pages 57237-57238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24289]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA 2000-7912]


Petition for Waiver of Compliance; Union Pacific Railroad; Waiver 
Petition

    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 from Union Pacific Railroad 
Company (UP), a Class I railroad, a request for waiver of compliance 
with certain provisions of the Federal Roadway Worker Protection 
Standards, 49 CFR 214. The specific sections of the Rule for which 
waiver is sought are 49 CFR 214.329, Train approach warning provided by 
watchmen/lookouts, and 49 CFR 214.329, On-track safety procedures for 
lone workers.
    UP requests relief that will permit the use of a system described 
by UP as the automatic train approach warning system (TAWS). UP 
proposes that roadway work groups be permitted to substitute TAWS for 
watchmen/lookouts as the method of train approach warning when fouling 
a track within equipped interlockings and controlled points. UP also 
proposes that lone workers be permitted to use TAWS as a method of 
train approach warning within the limits of those interlockings and 
controlled points without a requirement to establish working limits.
    FRA published, on December 16, 1996, a Final Rule amending 49 CFR 
214 with the addition to it of the Roadway Worker Protection Standards, 
which became effective on January 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. On 
December 16, 1996, UP filed a petition for waiver of certain provisions 
of that Rule to permit the use of TAWS in place of watchmen/lookouts. 
FRA subsequently denied that petition, docketed as WPS-97-1, without 
prejudice, due to concerns over several aspects of TAWS as it was then 
configured. UP indicates that this petition includes several 
enhancements which are intended by UP to address those concerns.
    According to UP, the TAWS has been in place at controlled points on 
much of UP's heaviest tonnage routes since 1978. TAWS functions by 
illuminating a blue rotating light and sounding an audible alarm to 
alert roadway workers at least one minute prior to the entry of a train 
to an interlocking or controlled point. It has become part of the UP 
standard package at all new controlled points installed on UP. UP 
states that there have been no recorded instances of failure of the 
TAWS to perform its intended function.
    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.
    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.
    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 FRA-
2000-7912 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 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 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.


[[Page 57238]]


    Issued in Washington, D.C. on September 18, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-24289 Filed 9-20-00; 8:45 am]
BILLING CODE 4910-06-P