[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Rules and Regulations]
[Pages 1903-1908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-723]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2001-10426]
RIN 2130-AA48


Railroad Workplace Safety

AGENCY: Federal Railroad Administration (FRA),(DOT).

ACTION: Interim final rule.

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SUMMARY: FRA is amending regulations on Railroad Workplace Safety to 
eliminate a provision which could present undue hazards to persons, and 
to eliminate possible confusion regarding the use of various terms in 
the rule text. In particular, FRA is prohibiting the use of body belts 
as permissible components of personal fall arrest systems, and is 
revising references to railroad bridge workers as

[[Page 1904]]

``employees'' to eliminate potential confusion in determining the group 
of people to which the Bridge Worker Safety Standards apply.

DATES: Effective Date: This rule becomes effective on March 18, 2002. 
Written comments must be received no later than March 1, 2002. Comments 
received after that date will be considered to the extent possible 
without incurring additional expense or delay. Requests for formal 
extension of the comment period must be made by February 14, 2002.

ADDRESSES: Comments should be sent to the Docket Clerk, Docket 
Management System, U.S. Department of Transportation Room PL 401, 400 
Seventh Street, SW., Washington, DC 20590-0001. Comments should 
identify the docket number and this proceeding (Docket No. FRA-2001). 
If you wish to receive confirmation of receipt of your written 
comments, please include a self-addressed, stamped postcard.
    The docket management system is located on the Plaza level of the 
Nassif Building at the Department of Transportation at the above 
address. You can review public dockets there between the hours of 9 
a.m. and 5 p.m., Monday through Friday, except federal holidays. You 
can also review comments on-line at the DOT Docket Management System 
web site at http://dms.dot.gov.
    You may submit comments electronically by accessing the Docket 
Management System web site at http://dms.dot.gov and following the 
instructions for submitting a document electronically.

FOR FURTHER INFORMATION CONTACT: Gordon A. Davids, Bridge Engineer, 
Office of Safety, FRA, 1120 Vermont Avenue NW., Washington, DC 20590, 
Telephone: (202) 493-6320; or Cynthia Walters, Trial Attorney, Office 
of Chief Counsel, FRA, 1120 Vermont Avenue NW., Washington, DC 20590, 
Telephone: (202) 493-6027.

SUPPLEMENTARY INFORMATION:

Background

    On June 24, 1992, at 57 FR 28127, FRA issued the first of two parts 
of the Railroad Workplace Safety Regulations, 49 CFR part 214. That 
rulemaking included the original Subpart A, General, with the first 
definitions, and Subpart B, Bridge Worker Safety Standards. Those 
standards were based upon the best information available at that time 
on personal fall protection systems. Since that time, knowledge of the 
interaction between persons and fall arrest equipment has advanced, and 
it is now obvious that a formerly permitted use of body belts in fall 
arrest systems presents an undue hazard to the user.
    FRA substantially amended part 214 on December 16, 1996, by adding 
Subpart C, Roadway Worker Protection Standards, and by adding and 
amending definitions to accommodate the new Subpart C. In particular, 
the definition of ``employee'' was expanded to include all railroad 
employees affected by Part 214 in its entirety, where before the term 
had applied only to railroad bridge workers. Although a definition of 
``railroad bridge worker'' was added, the term ``employee'' remained in 
the rule text of Subpart B. Of course, Subpart B specifically stated 
that it applied to railroad employees ``performing work on railroad 
bridges'' (see original Sec. 214.101(b)), so its intended scope was 
clear. Nevertheless, to avoid any mistaken conclusion that the use of 
``employee'' in Subpart B was intended to somehow expand the coverage 
of the Subpart, we have decided to simply make use of the existing 
definition of ``railroad bridge worker'' where appropriate in Subpart 
B.

Public Participation

    The Administrative Procedure Act (5 U.S.C. 551-559) permits an 
agency to dispense with notice of rulemaking when the agency ``for good 
cause finds that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' 5 U.S.C. 553(b)(B). 
FRA finds that notice and public procedure are, in this case, 
unnecessary and contrary to the public interest for the reasons set 
forth below.
    FRA received a petition for this rulemaking from the Brotherhood of 
Maintenance of Way Employes (BMWE). Also, the Brotherhood of Railroad 
Signalmen (BRS), the Association of American Railroads (AAR), and the 
American Short Line and Regional Railroad Association (ASLRRA) 
submitted letters of support and agreement with BMWE's position on 
eliminating the use of body belts in fall arrest systems. These four 
organizations represent an overwhelming majority of both the railroad 
employees (BMWE and BRS) and railroad employers (AAR and ASLRRA) who 
would be affected by this rulemaking. FRA is not aware of any 
opposition to BMWE's petition regarding the use of body belts. In 
addition, the U.S. Occupational Safety and Health Administration now 
prohibits the use of safety belts in the workplaces it regulates. 
Further, the remaining provisions of this rulemaking involve minor 
technical amendments to achieve clear and consistent terminology 
throughout part 214. These amendments do not expand the scope of the 
rule, nor do they impose additional burdens on those covered by the 
rule. Finally, FRA finds that any further delay in issuance of this 
rule could expose bridge workers to unnecessary hazard from the use of 
body belts in fall arrest systems.
    FRA believes that safety and the non-controversial nature of these 
changes justify the issuance of an interim final rule. FRA will 
consider, however, any comments received during the post-publication 
comment period before it issues a final rule in this proceeding.

Section-by-Section Analysis

1. Editorial Corrections to the Regulation.

    With the amendment of December 16, 1996, the term ``employee'' 
continued in use in Subpart B, despite having added the definition of 
``railroad bridge worker'' or ``bridge worker'' to Subpart A. Although 
the purpose and scope provision of Section 214.101 limits applicability 
of the Subpart, the rule provisions using the term ``employee'' are 
themselves potentially confusing. In addition, there are other 
provisions where the term ``employee'' is used when the employment 
relationship is not relevant to the intent of the rule. In those 
instances, the term employee has been changed to the word ``person.'' 
For example, a reference to anchorages capable of supporting 5,000 
pounds ``per employee'' has been revised to 5,000 pounds ``per 
person,'' as the employment relationship is not truly relevant to the 
intent of that particular provision. The affected provisions of the 
rule are Section 214.7, ``Definitions''; Section 214.103, ``Fall 
protection generally''; Section 214.105, ``Fall protection system 
standards and practices''; Section 214.107, ``Working over or adjacent 
to water''; Section 214.111, ``Personal protective equipment, 
generally''; Section 214.113, ``Head protection''; Section 214.115, 
``Foot protection''; and Section 214.117, ``Eye and face protection''. 
Changes in the definition section involve changing the word 
``employee'' to the word ``person'' in five definitions. These 
definitions are body harness, deceleration device, free fall distance, 
lanyard, and personal fall arrest system. Changes in the other cited 
sections involve changing the word ``employee'' to the term ``bridge 
worker'' to avoid any possible confusion as to the appropriate group to 
which these standards apply. As previously noted, these revisions are 
for clarification only. The changes do not expand the scope of the rule 
to include railroad or contractor employees previously not covered, nor

[[Page 1905]]

do they impose new or additional burdens on those covered by the rule. 
An additional minor correction involves correcting a reference to 
``Information and collection'' in Section 214.302, to read 
``Information collection.''

2. Use of Body Belt as a Component of Personal Fall Arrest System

    The section analysis of the final rule of June 24, 1992, for 
section 214.7, ``Definitions,'' included the following language related 
to body belts:

    Many commenters urged FRA to update this definition to reflect 
current terminology, including the addition of a deceleration device 
following lanyard and lifeline. Also, most commenters stated that 
use of body harnesses, rather than body belts, is now preferred 
practice. The body belt does not absorb stress forces in a fall as 
well as a harness can, and therefore, may cause serious internal 
injury to the wearer. According to commenters, many companies no 
longer manufacture belts because of this risk, and the construction 
industry will phase out their use in the near future. However, there 
are limited situations, climbing poles for instance, in which belts 
can be utilized safely. 57 FR 28116 at 28118

    In this Interim Final Rule, FRA adopts the definition used by OSHA 
that reflects current trade language. Although the final rule permitted 
the use of safety belts, use of harnesses was obviously preferred even 
then.
    FRA has monitored the development and use of fall arrest systems in 
the railroad industry since this regulation was published, and has 
determined that body belts are seldom, if ever, used for fall 
protection in the railroad industry. Full body harnesses have become 
the universally accepted device for attaching persons to fall arrest 
systems. They are no more costly than are body belts, and there are no 
known disadvantages to their use as compared to body belts.
    FRA's concern over the use of body belts for fall arrest has been 
strengthened over the past several years. That concern is shared by 
railroad management, railroad employees, contractors, and suppliers of 
fall protection equipment. Testing and demonstrations have shown that a 
person who is suspended by a body belt for only a minute or two will 
suffer extreme discomfort, and for any longer period, will begin to 
suffer disarrangement of internal organs. Add to that the 900-pound 
impact of an arrested fall, and severe injury is almost inevitable. The 
effect of impact load on a live person using a body belt has not been 
tested due to the lack of willing subjects for the test, but the 
probability of injury can still be predicted with confidence.
    Owing to this shared concern, as explained above, the BMWE has 
petitioned FRA to prohibit the use of body belts for this purpose, and 
FRA agrees. The BRS has written in support of the BMWE petition, 
together with the ASLRRA and the AAR.

3. Use of Ring Buoys for Protection of Persons Working Over Water

    BMWE also petitioned FRA to amend the regulation to provide either 
110 feet of line on life buoys, or to prescribe a spacing closer than 
200 feet between them. The current Section 214.107 states:


Sec. 214.107  Working over or adjacent to water.

    (a) Employees working over or adjacent to water with a depth of 
four feet or more, or where the danger of drowning exists, shall be 
provided and shall use life vests or buoyant work vests in 
compliance with U.S. Coast Guard requirements in 46 CFR sections 
160.047, 160.052, and 160.053. Life preservers in compliance with 
U.S. Coast Guard requirements in 46 CFR 160.055 shall also be within 
ready access. This section shall not apply to employees using 
personal fall arrest systems or safety nets that comply with this 
subpart.
* * * * *
    (d) Where life vests are required by paragraph (a) of this 
section, ring buoys with at least 90 feet of line shall be provided 
and readily available for emergency rescue operations. Distance 
between ring buoys shall not exceed 200 feet.

    The apparent discrepancy which BMWE wishes to see addressed is the 
difference between twice the length of 90 feet of line, or 180 feet, 
and the 200-foot spacing of the ring buoys. There would appear to be a 
20-foot gap in coverage in the middle of the space between two ring 
buoys, where the lines would not reach. This concern also prevailed 
among FRA staff, BRS, and several railroad officials who were involved 
in the discussions on this matter over the past several years.
    Upon further investigation, however, it was found that in actual 
practice, free ends of the buoy lines are seldom attached to fixed 
objects on the bridge. In practice, the line is normally coiled with 
the buoy, so that the entire buoy and line can be lifted from their 
hanger and carried to the location from which the buoy is to be thrown 
to a person in the water. The person throwing the buoy either secures 
the free end of the buoy line at that point, or holds it in the free 
hand. Most people are not capable of throwing a buoy 90 feet, so there 
is little chance of the buoy line being jerked from the user's hand. 
The spacing of the ring buoys, therefore, is not related to their 
length. The maximum of 200 feet between the buoys is simply intended to 
make sure that people can get to them quickly and get them where they 
are needed.
    Leaving the free end of the buoy line unattached while the buoy is 
in its holder is preferred because the buoy might be needed several 
hundred feet away, as would be the case if several persons were in the 
water. That being the case, several buoys could be quickly obtained and 
thrown by several persons, without having to first untie the buoy 
lines. FRA has therefore decided not to amend Sec. 214.107 concerning 
the positioning and use of ring buoys.

Regulatory Impact

E.O. 12866 and DOT Regulatory Policies and Procedures

    This correction and amendment of the final rule has been evaluated 
in accordance with existing policies and procedures and is not 
considered significant under Executive Order 12866 or under DOT 
policies and procedures. The minor technical changes made in this 
amendment will not increase the costs or alter the benefits associated 
with this regulation to any measurable degree.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires a review of rules to assess their impact on small entities. 
This amendment to the final rule clarifies existing requirements. The 
changes will have no new direct or indirect economic impact on small 
units of government, businesses, or other organizations. Therefore, it 
is certified that this rule will not have a significant economic impact 
on a substantial number of small entities under the provisions of the 
Regulatory Flexibility Act.

Paperwork Reduction Act

    There are no paperwork requirements associated with this amendment 
of the final rule.

Environmental Impact

    FRA has evaluated this amendment in accordance with its procedures 
for ensuring full consideration of the environmental impact of FRA 
actions, as required by the National Environmental Policy Act (42 
U.S.C. 4321 et seq.), other environmental statutes, Executive Orders, 
and DOT Order 5610.1c. The amendment meets the criteria establishing 
this as a nonmajor action for environmental purposes.

[[Page 1906]]

Federalism Implications

    This amendment will not have a substantial effect on the states, on 
the relationship between the national government and the states, or on 
the distribution of power and responsibilities among the various levels 
of government. Thus, in accordance with Executive Order 13132, 
preparation of a Federalism Assessment is not warranted.

List of Subjects in 49 CFR Part 214

    Bridges, Fall arrest equipment, Incorporation by reference, 
Occupational safety and health, Personal protective equipment, Railroad 
employees, Railroad safety.

The Interim Final Rule

    In consideration of the foregoing, Part 214, Title 49, Code of 
Federal Regulations is amended as follows:

PART 214--[AMENDED]

    1. The authority for part 214 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107; and 49 CFR 1.49.

    2. By revising the following definitions in Sec. 214.7 to read as 
follows:


Sec. 214.7  Definitions.

* * * * *
    Body harness means a device with straps that is secured about the 
person in a manner so as to distribute the fall arrest forces over (at 
least) the thighs, shoulders, pelvis, waist, and chest and that can be 
attached to a lanyard, lifeline, or deceleration device.
* * * * *
    Deceleration device means any mechanism, including, but not limited 
to, rope grabs, ripstitch lanyards, specially woven lanyards, tearing 
or deforming lanyards, and automatic self-retracting lifelines/lanyards 
that serve to dissipate a substantial amount of energy during a fall 
arrest, or otherwise limit the energy on a person during fall arrest.
* * * * *
    Free fall distance means the vertical displacement of the fall 
arrest attachment point on a person's body harness between onset of the 
fall and the point at which the system begins to apply force to arrest 
the fall. This distance excludes deceleration distance and lifeline and 
lanyard elongation, but includes any deceleration device slide distance 
or self-retracting lifeline/lanyard extension before they operate and 
fall arrest forces occur.
* * * * *
    Lanyard means a flexible line of rope, wire rope, or strap that is 
used to secure a body harness to a deceleration device, lifeline, or 
anchorage.
* * * * *
    Personal fall arrest system means a system used to arrest the fall 
of a person from a working level. It consists of an anchorage, 
connectors, body harness, lanyard, deceleration device, lifeline, or 
combination of these.
* * * * *

    3. By revising Sec. 214.103 to read as follows:


Sec. 214.103  Fall protection, generally.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, when bridge workers work twelve feet or more above the ground 
or water surface, they shall be provided and shall use a personal fall 
arrest system or safety net system. All fall protection systems 
required by this section shall conform to the standards set forth in 
Sec. 214.105 of this subpart.
    (b)(1) This section shall not apply if the installation of the fall 
arrest system poses a greater risk than the work to be performed. In 
any action brought by FRA to enforce the fall protection requirements, 
the railroad or railroad contractor shall have the burden of proving 
that the installation of such device poses greater exposure to risk 
than performance of the work itself.
    (2) This section shall not apply to bridge workers engaged in 
inspection of railroad bridges conducted in full compliance with the 
following conditions:
    (i) The railroad or railroad contractor has a written program in 
place that requires training in, adherence to, and use of safe 
procedures associated with climbing techniques and procedures to be 
used;
    (ii) The bridge worker to whom this exception applies has been 
trained and qualified according to that program to perform bridge 
inspections, has been previously and voluntarily designated to perform 
inspections under the provision of that program, and has accepted the 
designation;
    (iii) The bridge worker to whom this exception applies is familiar 
with the appropriate climbing techniques associated with all bridge 
structures the bridge worker is responsible for inspecting;
    (iv) The bridge worker to whom this exception applies is engaged 
solely in moving on or about the bridge or observing, measuring and 
recording the dimensions and condition of the bridge and its 
components; and
    (v) The bridge worker to whom this section applies is provided all 
equipment necessary to meet the needs of safety, including any 
specialized alternative systems required.
    (c) This section shall not apply where bridge workers are working 
on a railroad bridge equipped with walkways and railings of sufficient 
height, width, and strength to prevent a fall, so long as bridge 
workers do not work beyond the railings, over the side of the bridge, 
on ladders or other elevation devices, or where gaps or holes exist 
through which a body could fall. Where used in place of fall protection 
as provided for in Sec. 214.105, this paragraph (c) is satisfied by:
    (1) Walkways and railings meeting standards set forth in the 
American Railway Engineering Association's Manual for Railway 
Engineering; and
    (2) Roadways attached to railroad bridges, provided that bridge 
workers on the roadway deck work or move at a distance six feet or more 
from the edge of the roadway deck, or from an opening through which a 
person could fall.
    (d) This section shall not apply where bridge workers are 
performing repairs or inspections of a minor nature that are completed 
by working exclusively between the outside rails, including but not 
limited to, routine welding, spiking, anchoring, spot surfacing, and 
joint bolt replacement.

    4. By revising Sec. 214.105 to read as follows:


Sec. 214.105  Fall protection systems standards and practices.

    (a) General requirements. All fall protection systems required by 
this subpart shall conform to the following:
    (1) Fall protection systems shall be used only for personal fall 
protection.
    (2) Any fall protection system subjected to impact loading shall be 
immediately and permanently removed from service unless fully inspected 
and determined by a competent person to be undamaged and suitable for 
reuse.
    (3) All fall protection system components shall be protected from 
abrasions, corrosion, or any other form of deterioration.
    (4) All fall protection system components shall be inspected prior 
to each use for wear, damage, corrosion, mildew, and other 
deterioration. Defective components shall be permanently removed from 
service.
    (5) Prior to use and after any component or system is changed, 
bridge workers shall be trained in the application limits of the 
equipment, proper hook-up, anchoring and tie-off techniques, methods of 
use, and proper methods of equipment inspection and storage.

[[Page 1907]]

    (6) The railroad or railroad contractor shall provide for prompt 
rescue of bridge workers in the event of a fall.
    (7) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to interfacing 
parts of the system.
    (8) Connectors shall be drop forged, pressed or formed steel, or 
made of equivalent-strength materials.
    (9) Anchorages, including single- and double-head anchors, shall be 
capable of supporting at least 5,000 pounds per bridge worker attached, 
or shall be designed, installed, and used under supervision of a 
qualified person as part of a complete personal fall protection system 
that maintains a safety factor of at least two.
    (b) Personal fall arrest systems. All components of a personal fall 
arrest system shall conform to the following standards:
    (1) Lanyards and vertical lifelines that tie off one bridge worker 
shall have a minimum breaking strength of 5,000 pounds.
    (2) Self-retracting lifelines and lanyards that automatically limit 
free fall distance to two feet or less shall have components capable of 
sustaining a minimum static tensile load of 3,000 pounds applied to the 
device with the lifeline or lanyard in the fully extended position.
    (3) Self-retracting lifelines and lanyards that do not limit free 
fall distance to two feet or less, ripstitch, and tearing and deformed 
lanyards shall be capable of withstanding 5,000 pounds applied to the 
device with the lifeline or lanyard in the fully extended position.
    (4) Horizontal lifelines shall be designed, installed, and used 
under the supervision of a competent person, as part of a complete 
personal fall arrest system that maintains a safety factor of at least 
two.
    (5) Lifelines shall not be made of natural fiber rope.
    (6) Body belts shall not be used as components of personal fall 
arrest systems.
    (7) The personal fall arrest system shall limit the maximum 
arresting force on a bridge worker to 1,800 pounds when used with a 
body harness.
    (8) The personal fall arrest system shall bring a bridge worker to 
a complete stop and limit maximum deceleration distance a bridge worker 
travels to 3.5 feet.
    (9) The personal fall arrest system shall have sufficient strength 
to withstand twice the potential impact energy of a bridge worker free 
falling a distance of six feet, or the free fall distance permitted by 
the system, whichever is less.
    (10) The personal fall arrest system shall be arranged so that a 
bridge worker cannot free fall more than six feet and cannot contact 
the ground or any lower horizontal surface of the bridge.
    (11) Personal fall arrest systems shall be worn with the attachment 
point of the body harness located in the center of the wearer's back 
near shoulder level, or above the wearer's head.
    (12) When vertical lifelines are used, each bridge worker shall be 
provided with a separate lifeline.
    (13) Devices used to connect to a horizontal lifeline that may 
become a vertical lifeline shall be capable of locking in either 
direction.
    (14) Dee-rings and snap-hooks shall be capable of sustaining a 
minimum tensile load of 3,699 pounds without cracking, breaking, or 
taking permanent deformation.
    (15) Dee-rings and snap-hooks shall be capable of sustaining a 
minimum tensile load of 5,000 pounds.
    (16) Snap-hooks shall not be connected to each other.
    (17) Snap-hooks shall be dimensionally compatible with the member 
to which they are connected to prevent unintentional disengagement, or 
shall be a locking snap-hook designed to prevent unintentional 
disengagement.
    (18) Unless of a locking type, snap-hooks shall not be engaged:
    (i) Directly, next to a webbing, rope, or wire rope;
    (ii) To each other;
    (iii) To a dee-ring to which another snap-hook or other connector 
is attached;
    (iv) To a horizontal lifeline; or
    (v) To any object that is incompatibly shaped or dimensioned in 
relation to the snap-hook so that unintentional disengagement could 
occur.
    (c) Safety net systems. Use of safety net systems shall conform to 
the following standards and practices:
    (1) Safety nets shall be installed as close as practicable under 
the walking/working surface on which bridge workers are working, but 
shall not be installed more than 30 feet below such surface.
    (2) If the distance from the working surface to the net exceeds 30 
feet, bridge workers shall be protected by personal fall arrest 
systems.
    (3) The safety net shall be installed such that any fall from the 
working surface to the net is unobstructed.
    (4) Except as provided in this section, safety nets and net 
installations shall be drop-tested at the jobsite after initial 
installation and before being used as a fall protection system, 
whenever relocated, after major repair, and at six-month intervals if 
left in one place. The drop-test shall consist of a 400-pound bag of 
sand 30 inches, plus or minus two inches, in diameter dropped into the 
net from the highest (but not less than 3\1/2\ feet) working surface on 
which bridge workers are to be protected.
    (i) When the railroad or railroad contractor demonstrates that a 
drop-test is not feasible and, as a result, the test is not performed, 
the railroad or railroad contractor, or designated competent person, 
shall certify that the net and its installation are in compliance with 
the provisions of this section by preparing a certification record 
prior to use of the net.
    (ii) The certification shall include an identification of the net, 
the date it was determined that the net was in compliance with this 
section, and the signature of the person making this determination. 
Such person's signature shall certify that the net and its installation 
are in compliance with this section. The most recent certification for 
each net installation shall be available at the jobsite where the 
subject net is located.
    (5) Safety nets and their installations shall be capable of 
absorbing an impact force equal to that produced by the drop test 
specified in this section.
    (6) The safety net shall be installed such that there is no contact 
with surfaces or structures below the net when subjected to an impact 
force equal to the drop test specified in this section.
    (7) Safety nets shall extend outward from the outermost projection 
of the work surface as follows:
    (i) When the vertical distance from the working level to the 
horizontal plane of the net is 5 feet or less, the minimum required 
horizontal distance of the outer edge of the net beyond the edge of the 
working surface is 8 feet.
    (ii) When the vertical distance from the working level to the 
horizontal plane of the net is 5 feet, but less than 10 feet, the 
minimum required horizontal distance of the outer edge of the net 
beyond the edge of the working surface is 10 feet.
    (iii) When the vertical distance from the working level to the 
horizontal plane of the net is more than 10 feet, the minimum required 
horizontal distance of the outer edge of the net beyond the edge of the 
working surface is 13 feet.
    (8) Defective nets shall not be used. Safety nets shall be 
inspected at least once a week for mildew, wear, damage, and other 
deterioration. Defective components shall be removed permanently from 
service.

[[Page 1908]]

    (9) Safety nets shall be inspected after any occurrence that could 
affect the integrity of the safety net system.
    (10) Tools, scraps, or other materials that have fallen into the 
safety net shall be removed as soon as possible, and at least before 
the next work shift.
    (11) Each safety net shall have a border rope for webbing with a 
minimum breaking strength of 5,000 pounds.
    (12) The maximum size of each safety net mesh opening shall not 
exceed 36 square inches and shall not be longer than 6 inches on any 
side measured center-to-center of mesh ropes or webbing. All mesh 
crossing shall be secured to prevent enlargement of the mesh opening.
    (13) Connections between safety net panels shall be as strong as 
integral net components and shall be spaced not more than 6 inches 
apart.

    5. By revising Sec. 214.107 paragraphs (a) and (b) to read as 
follows:


Sec. 214.107  Working over or adjacent to water.

    (a) Bridge workers working over or adjacent to water with a depth 
of four feet or more, or where the danger of drowning exists, shall be 
provided and shall use life vests or buoyant work vests in compliance 
with U.S. Coast Guard requirements in 46 CFR 160.047, 160.052, and 
160.053. Life preservers in compliance with U.S. Coast Guard 
requirements in 46 CFR 160.055 shall also be within ready access. This 
section shall not apply to bridge workers using personal fall arrest 
systems or safety nets that comply with this subpart.
    (b) Life vests or buoyant work vests shall not be required when 
bridge workers are conducting inspections that involve climbing 
structures above or below the bridge deck.
* * * * *
    6. By revising Secs. 214.111, 214.113, 214.115 and 214.117 to read 
as follows:


Sec. 214.111  Personal protective equipment, generally.

    With the exception of foot protection, the railroad or railroad 
contractor shall provide and the bridge worker shall use appropriate 
personal protective equipment described in this subpart in all 
operations where there is exposure to hazardous conditions, or where 
this subpart indicates the need for using such equipment to reduce the 
hazards to railroad bridge workers. The railroad or railroad contractor 
shall require the use of foot protection when the potential for foot 
injury exists.


Sec. 214.113  Head protection.

    (a) Railroad bridge workers working in areas where there is a 
possible danger of head injury from impact, or from falling or flying 
objects, or from electrical shock and burns, shall be provided and 
shall wear protective helmets.
    (b) Helmets for the protection of railroad bridge workers against 
impact and penetration of falling and flying objects, or from high 
voltage electrical shock and burns shall conform to the national 
consensus standards for industrial head protection (American National 
Standards Institute, Z89.1-1986, Protective Headwear for Industrial 
Workers). This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from the American National Standards 
Institute, 25 West 43rd Street, New York, NY 10036. Copies may be 
inspected at the Federal Railroad Administration, Docket Clerk, 1120 
Vermont Avenue NW., Washington, DC, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.


Sec. 214.115  Foot protection.

    (a) The railroad or railroad contractor shall require railroad 
bridge workers to wear foot protection equipment when potential foot 
injury may result from impact, falling or flying objects, electrical 
shock or burns, or other hazardous condition.
    (b) Safety-toe footwear for railroad bridge workers shall conform 
to the national consensus standards for safety-toe footwear (American 
National Standards Institute, American National Standard Z41-1991, 
Standard for Personal Protection-Protective Footwear). This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from American National Standards Institute, 25 West 
43rd Street, New York, NY 10036. Copies may be inspected at the Federal 
Railroad Administration, Docket Clerk, 1120 Vermont Avenue, Washington, 
DC, or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington DC.


Sec. 214.117  Eye and face protection.

    (a) Railroad Bridge workers shall wear eye and face protection 
equipment when potential eye or face injury may result from physical, 
chemical, or radiant agents.
    (b) Eye and face protection equipment required by this section 
shall conform to the national consensus standards for occupational and 
educational eye and face protection (American National Standards 
Institute, Z87.1-1989, Practice for Occupational and Educational Eye 
and Face Protection). This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from the American National 
Standards Institute, 25 West 43rd Street, New York, NY 10036. Copies 
may be inspected at the Federal Railroad Administration, Docket Clerk, 
1120 Vermont Avenue, Washington, DC, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (c) Face and eye protection equipment required by this section 
shall be kept clean and in good repair. Use of equipment with 
structural or optical defects is prohibited.
    (d) Railroad bridge workers whose vision requires the use of 
corrective lenses, when required by this section to wear eye 
protection, shall be protected by goggles or spectacles of one of the 
following types:
    (i) Spectacles whose protective lenses provide optical correction 
the, frame of which includes shielding against objects reaching the 
wearer's eyes around the lenses;
    (ii) Goggles that can be worn over corrective lenses without 
disturbing the adjustment of the lenses; or
    (iii) Goggles that incorporate corrective lenses mounted behind the 
protective lenses.

    7. By correcting the heading of Sec. 214.302 to read as follows:


Sec. 214.302  Information collection requirements.

    Issued in Washington, DC on January 7, 2002.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 02-723 Filed 1-14-02; 8:45 am]
BILLING CODE 4910-06-P