
[Federal Register: December 18, 2009 (Volume 74, Number 242)]
[Notices]               
[Page 67306-67307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de09-123]                         

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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)

    By letter dated September 28, 2009, the National Railroad Passenger 
Corporation (Amtrak), a Class 1 Railroad, petitioned FRA for a waiver 
of compliance from 49 CFR part 214 (Railroad Workplace Safety) related 
to the removal of snow from passenger station platforms outside of the 
Northeast Corridor. Notice of this waiver request was published on 
October 30, 2009. 74 FR 56257. Amtrak subsequently withdrew its 
September 28, 2009, waiver request and by letter dated November 13, 
2009, Amtrak submitted a modified request for waiver from 49 CFR part 
214, again related to the removal of snow from passenger station 
platforms outside of the Northeast Corridor.
    Section 214.335 of Part 214 specifies the methods by which roadway 
work groups may be provided on-track safety when fouling tracks to 
perform work. 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.'' Amtrak states that the current definition of fouling a 
track prevents the timely removal of snow from the last three 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. 
Accordingly, Amtrak seeks permission to implement alternative 
protection for workers removing snow.
    In accordance with Amtrak's waiver request, only Amtrak employees 
and contractors trained on the alternative protection methods will be 
used to remove snow from platforms and when relying on the proposed 
alternative protection procedure, only small tools such as shovels, 
brooms and leaf blowers would be used. If large, powered equipment is 
to be used, Amtrak would comply with 49 CFR part 214.
    The alternative protection procedure would also include:
    1. Job briefings to discuss work to be done.
    2. Prohibition on workers' feet crossing the yellow tactile strip.
    3. Prohibition on conducting snow removal in the presence of moving 
trains.
    Amtrak also submits they are not aware of any safety incidents 
associated with the recommended procedures at the many stations 
maintained by public agencies such as municipalities that use non 
railroad employees to clear platforms.
    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 30 days of the date of this notice 
will be considered by FRA before final action is

[[Page 67307]]

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 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).

    Issued in Washington, DC on December 11, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-30202 Filed 12-17-09; 8:45 am]

BILLING CODE 4910-06-P
