[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Notices]
[Pages 38740-38741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16368]


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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 favour of relief.

Burlington Northern and Santa Fe Railway Company (Docket Number FRA-
2003-15339)

    The Burlington Northern and Santa Fe Railway Company (BNSF) seeks a 
waiver of compliance from certain provisions of 49 CFR part 232, Brake 
System Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment. Specifically, Sec.  232.103(n)(3)(i), which requires that 
``all hand brakes shall be fully applied on all locomotives in the lead 
consist of an unattended train.'' BNSF seeks to permit the application 
of BNSF Rules (outlined below), relating to the securement of 
unattended trains, thereby avoiding the unnecessary application of hand 
brakes on locomotives attached to trains that are already secure within 
the confines or limits of a terminal or yard. BNSF believes their rules 
are adequate to meet the highest safety standards for securement of 
unattended equipment.
    BNSF seeks to use the following rules to provide for the safe 
handling of standing equipment within a terminal or any location:

Securing Equipment Against Movement

    Crew members are responsible for securing standing equipment with 
hand brakes to prevent undesired movement. The air brake system must 
not be depended upon to prevent an undesired movement. Use the 
following steps to determine the hand brakes to be applied:
    [sbull] When setting out cars on a grade with slack bunched, apply 
the hand brakes on the low end of the cut of cars.
    [sbull] When setting out cars on a grade with slack stretched, 
apply the hand brakes on the high end of the cut of cars.
    Determining the number of hand brakes to be applied depends on:
    [sbull] Grade and adhesion;
    [sbull] Number of loaded and empty cars;
    [sbull] Weather conditions (wind and temperature).

    Note: Reference Rule 104.14 for hand brake guidelines. To verify 
the hand brake(s) applied will prevent movement, release all air 
brakes. All retainer valves must be in EXHAUST position.

Securing an Unattended Train or Portion of Train with Locomotive 
Attached

    To secure a train or a portion of a train with the lead locomotive 
attached, perform the steps below:
    1. Secure equipment against undesired movement;
    2. Release all air brakes to ensure hand brakes will prevent 
movement;
    3. Secure the locomotives as outlined in Rule 102.3.

[[Page 38741]]

Securing Train Before Detaching Locomotives

    When any part of a train is left standing and train brake 
inspection is not required, do not depend on the air brake system to 
secure the cars.
    When detaching locomotives or locomotives and cars:
    1. Secure equipment against undesired movement;
    2. Release all air brakes to ensure hand brakes will prevent 
movement;
    3. Make a 20-psi brake pipe reduction;
    4. Close angle cock on rear locomotive or last car to be detached 
from portion left standing. Leave angle cock open on portion left 
standing;
    5. Allow brakes on any standing portion to apply in emergency. When 
available, use the end-of-train telemetry device to make sure that 
brake pipe pressure drops to 0 psi;
    6. Do not bottle air or maintain air pressure in the brake pipe 
when locomotives are detached or yard air is uncoupled. However, after 
the brake pipe pressure has completely exhausted, the angle cock on the 
standing portion of the train may be closed to allow a locomotive to 
switch the cars from the opposite end.
    Exception: When separating a train in temperatures below 25 degrees 
F and the train is on a light grade, (see Glossary) follow the steps in 
Rule 100.17 (Inbound Train Inspection) to prevent vent valves from 
sticking open.

Unattended Locomotives

    When securing locomotives:
    1. Place the throttle in IDLE unless you are protecting the engine 
from freezing (see Rule 106.2, Winterization of Locomotives);
    2. Place the transition handle (if equipped) in the OFF position;
    3. Place the generator field switch or the circuit breaker on the 
control stand (if equipped) in the OFF position;
    4. Remove the reverser handle from the reverser slot on the control 
stand and place it in the receptacle, if equipped. Do not remove the 
reverser handle if you need to increase the throttle position to 
prevent freezing;
    5. On locomotives coupled to other equipment, apply hand brakes on 
all locomotives outside of a terminal or yard and a minimum of one hand 
brake on locomotives within a terminal or yard. In compliance with Rule 
102.1, release air brakes to determine hand brakes will prevent 
movement. Note: A terminal or yard refers to a location where there is 
routine activity such as switching service, train inspections and/or 
employees reporting for duty;
    6. Make a 20-psi automatic brake pipe reduction after allowing the 
brake system to charge;
    7. Leave the automatic brake valve cut in;
    8. Fully apply the independent brake;
    9. Place engine control switch to ISOLATE on all locomotives unless 
conditions require winter protection as prescribed by Rule 106.2 and 
Rule 106.6.

Additional Securement Guidelines for Unattended Locomotives Not Coupled 
to Other Equipment

    10. Must not be left unattended on a main track;
    11. When left unattended on auxiliary tracks, must be protected by 
derail(s) or a facing point switch lined and locked to prevent movement 
to the main track;
    12. If grade exceeds 1 percent, block the wheels securely;
    13. Must have all hand brakes applied. In compliance with Rule 
102.1, release locomotive brakes to determine hand brakes will prevent 
movement.
    Exceptions: Distributed power remote locomotives, when on 
unattended trains, do not require hand brakes to be applied or engine 
control switch to be placed in ISOLATE when train is otherwise properly 
secured. Distributed power remote consists may be left standing with 
all hand brakes applied at any location, even on the main track, when 
in the process of making up a DP train.
    At mechanical facilities when locomotives are protected by outbound 
derails on designated servicing tracks, apply a sufficient number of 
hand brakes to prevent undesired movement, but a minimum of one per 
locomotive consist.
    BNSF believes that the foregoing rules ensure that any train left 
unattended will remain in place, even when the train airbrake system is 
released. Therefore, BNSF rules provide ample protection of unattended 
equipment and no additional safety concerns are present.
    BNSF contends that several safety benefits that will be gained if 
FRA grants this waiver petition. First, the potential for injury to 
railroad workers will be reduced. Each year, there are several injuries 
which result from using improper procedures to apply hand brakes. By 
minimizing the opportunity for employees to perform this task, the risk 
for injury will likewise be reduced. BNSF states that their safety 
record evidences this fact in that there have been no accidents or 
injuries within Terminal/Yard Limits when the above BNSF Rules have 
been followed. In analyzing safety risks and benefits, BNSF believes 
that there are no adverse consequences or costs that will accrue from 
granting this petition. There are no anticipated costs to the private 
sector, consumer, or federal, state, and local governments as a result 
of FRA granting this waiver.
    Interested parties are invited to submit written comments to FRA. 
All written communications concerning this petition should identify the 
appropriate docket number (e.g., Docket Number FRA-2003-15339) and must 
be submitted in triplicate to the Associate Administrator for Safety, 
Federal Railroad Administration, 400 7th Street, SW., Washington, DC 
20590-0001. Comments received within 45 days of the date of this notice 
will be considered by FRA before any final action is taken. Although 
FRA does not anticipate scheduling a public hearing in connection with 
these proceedings, 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 written 
communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th 
Street, SW., Washington, DC 20590.
    All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site http://dms.dot.gov. Anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) at 
http://dms.dot.gov.

    Issued in Washington, DC, on June 19, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-16368 Filed 6-27-03; 8:45 am]
BILLING CODE 4910-06-P