
[Federal Register: October 30, 2009 (Volume 74, Number 209)]
[Notices]               
[Page 56257]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc09-108]                         

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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) has received a request for a waiver of compliance from certain 
requirements of its safety standards. 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 National Railroad Passenger Corporation

[Docket Number FRA-2009-0103]

    The National Railroad Passenger Corporation (Amtrak), a Class 1 
Railroad, petitioned FRA for a waiver of compliance from certain 
provisions prescribed by 49 CFR 214.335 On-track safety procedures for 
roadway work groups.
    49 CFR 214.7 Definitions, states in part, ``Fouling a track means 
the placement of an individual or an item of equipment in such 
proximity to a track that the individual or equipment could be struck 
by a moving train or on-track equipment, or in any case is within four 
feet of the field side of the near running rail.'' The requirements in 
49 CFR 214.335 specify the methods in which roadway work groups are 
provided on-track safety in order to foul railroad tracks to perform 
work. Those methods include working limits and train approach warning.
    Amtrak states that the current definition of fouling a track 
prevents the timely removal of snow from the last 3 feet of station 
platforms adjacent to the track and it discourages the removal of snow 
in an area where snow removal is critical for passenger safety.
    This waiver request is submitted for the removal of snow on 
platforms exclusively on passenger station platforms outside of the 
Northeast Corridor. The method proposed would use train conductors to 
coordinate railroad employees or contractors to remove snow at the 
platforms after they have received documented training on the process 
which includes:
    1. Job briefings to discuss work to be done.
    2. Not crossing the yellow tactile strip.
    3. Directions on which tools to use.
    4. Not working while trains are moving.
    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-
2009-0103) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on October 26, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-26214 Filed 10-29-09; 8:45 am]

BILLING CODE 4910-06-P
