[Federal Register Volume 66, Number 186 (Tuesday, September 25, 2001)]
[Notices]
[Pages 49063-49064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23935]


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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 a waiver of 
compliance with certain requirements of the Federal safety laws and 
regulations. The 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.

Union Pacific Railroad Company

[Docket Number FRA-2001-10235]

    Union Pacific Railroad Company (UP), a Class I railroad, requests a 
waiver of compliance with certain provisions of 49 CFR part 214, 
Railroad Workplace Safety. 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 214.337, 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.
    On December 16, 1996, the FRA published a final rule amending 49 
CFR part 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. UP 
previously filed a petition for waiver of certain provisions of that 
rule to permit the use of TAWS in place of watchmen/lookouts (Docket 
Number FRA 2000-7912). On December 13, 2000, UP withdrew this petition.
    In its new petition, Docket Number 2001-10235, UP states that TAWS 
will exceed the minimum requirements for warning roadway workers of the 
approach of trains and will be used at selected control points on the 
railroad. UP also states that this system will be an integral part of 
the signal and train control system which includes, incorporating the 
same level of reliability and principles of a fail-safe design.
    Interested parties are invited to participate in this proceeding by 
submitting written views, data, or comments. If any interested party 
desires an opportunity for oral comment, he or she should notify FRA, 
in writing, before the end of the comment period and specify the basis 
for his or her request. All communications concerning these proceedings 
should identify the appropriate docket number (Docket Number FRA-2001-
10235) 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

[[Page 49064]]

hours (9:00 a.m.-5:00 p.m.) at the above facility. All documents in the 
public docket, including UP's detailed waiver request, 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, DC on September 19, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-23935 Filed 9-24-01; 8:45 am]
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