[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Notices]
[Page 3931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2043]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance from certain 
requirements of its safety regulations. The individual 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.

The Burlington Northern and Santa Fe Railway Company

[Docket Number FRA-2001-10660]

    The Burlington Northern and Santa Fe Railway Company (BNSF) seeks a 
waiver of compliance from certain provisions of the Railroad Operating 
Practices regulations, 49 CFR part 218, regarding blue signal 
protection of workers. Specifically, to permit train and yard crew 
members, and utility employees to remove and replace batteries in two-
way end-of-train telemetry devices (EOT), while the EOT is in place on 
the rear of the train the individual has been called to operate, 
without establishing any blue signal protection.
    Section 218.5 defines worker as, any railroad employee assigned to 
inspect, test, repair, or service railroad rolling equipment or their 
components, including brake systems. Members of train and yard crews 
are excluded except when assigned such work on railroad rolling 
equipment that is not part of the train or yard movement they have been 
called to operate (or assigned to as ``utility employees''). Utility 
employees assigned to and functioning as temporary members of a 
specific train or yard crew (subject to the conditions set forth in 
Sec. 218.22 of this chapter), are excluded only when so assigned and 
functioning. Both Secs. 218.25 and 218.27, requires blue signal 
protection when workers are on, under, or between rolling equipment on 
main track or other than main track. Section 218.22(b) states in part: 
A utility employee may be assigned to serve as a member of a train or 
yard crew without the protection otherwise required by subpart D of 
part 218 of this chapter only under the following conditions * * * (5) 
The utility employee is performing one or more of the following 
functions: * * * inspect, test, install remove or replace a rear 
marking device or end of train device. Under all other circumstances a 
utility employee working on, under, or between railroad rolling 
equipment must be provided with blue signal protection in accordance 
with Secs. 218.23 through 218.30 of this part.
    The FRA has determined that removing or replacing a battery in an 
EOT, while the device is in place on the rear of a train, requires blue 
signal protection since this task is a service and repair to the 
device. Therefore, the only way a utility employee or a train and yard 
crew member can legally remove or replace the EOT battery, without 
establishing blue signal protection, is to remove the EOT from the rear 
of the train and perform the battery work outside the area normally 
protected by the blue signal.
    BNSF contends that safety would be enhanced if the individual were 
allowed to perform the battery work without removing the device form 
the rear of the train. Exposure to injury is greatly reduced because 
the individual would be handling a battery pack that weighs less than 
10 pounds, as opposed to lifting the EOT device that weighs 32-34 
pounds. Also, it takes approximately five minutes to remove and then 
re-install the EOT device, as opposed to removing and replacing a 
battery pack that takes less than one minute. Coupling and uncoupling 
the air hose between the car and EOT also poses a risk of a striking 
injury from the air hose, if the air pressure has not been completely 
released. BNSF also believes that there is potential for reduction in 
train delays if this waiver is granted. In analyzing safety risks and 
benefits, BNSF believes that there are no adverse consequences or costs 
that will accrue from granting this petition.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings, 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-
2001-10660) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401, Washington, DC 20590-0001. 
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 these proceedings are available for 
examination during regular business hours (9 a.m.-5 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, DC on January 22, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-2043 Filed 1-25-02; 8:45 am]
BILLING CODE 4910-06-P