[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Notices]
[Pages 71611-71612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30438]


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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.

Canadian National Railway Company

[Docket Number FRA-2002-13570]

    The Canadian National Railway Company and its wholly owned U.S. 
subsidiaries, Illinois Central Railroad Company, Wisconsin Central, 
LTD., Grand Trunk Western Railroad Company, Chicago Central & Pacific 
Railroad Company, and Duluth, Winnipeg & Pacific Railway Company 
(hereafter ``CN''), 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, CN 
seeks 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. CN's waiver request is identical to the waiver granted to 
the Burlington Northern and Santa Fe Railway, FRA-2001-10660. CN's 
waiver request is only for the replacement of batteries in EOTs 
manufactured by Digitair PULSE and is not for any other EOT device.
    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 Sec.  218.25 and Sec.  218.27, require 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

[[Page 71612]]

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 Sec.  218.23 through Sec.  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.
    CN contends that safety would be enhanced if the individual were 
allowed to perform the battery work without removing the device from 
the rear of the train. Exposure to injury is greatly reduced because 
the individual would be handling a battery pack that weighs 10.1 pounds 
or less, 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 to complete. CN contends that the time 
the employee is performing the safety sensitive task is reduced by 80 
percent. 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. CN also believes that there 
is potential for reduction in train delays if this waiver is granted, 
which could contribute to increased train velocity, efficiency of 
operations, and to CN's ongoing fuel conservation initiatives. In 
analyzing safety risks and benefits, CN believes that there are no 
adverse consequences or costs that will accrue from granting this 
petition. Also, there are no anticipated costs to the private sector, 
to the consumer, or to federal, state, and local governments if this 
waiver is granted.
    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-
2002-13570) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401 (Plaza Level) 400-7th Street, 
SW., 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 
(9:00 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, DC on November 25, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-30438 Filed 11-29-02; 8:45 am]
BILLING CODE 4910-06-P