[Federal Register: July 17, 1998 (Volume 63, Number 137)]
[Notices]               
[Page 38688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy98-112]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petitions for Waivers of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Sections 211.9 and 211.41, notice is hereby given that the Federal 
Railroad Administration (FRA) has received a request for waiver of 
compliance with certain requirements of the Federal railroad safety 
regulations. The individual petition is described below, including the 
party seeking relief, the regulatory provisions involved, the nature of 
the relief being sought and the petitioner's arguments in favor of 
relief.

Northeast Illinois Railroad Corporation

[FRA Waiver Petition No. WPS-98-1]

    Northeast Illinois Railroad Corporation (METRA) seeks a permanent 
waiver of compliance from certain provisions of the Roadway Worker 
Protection Standards, 49 CFR Part 214, Subpart C. Metra seeks a waiver 
of 49 CFR 214.337(c)(3) which states:
    (c) Individual train detection may be used to establish on-track 
safety only: * * *
    (3) On track outside the limits of a manual interlocking, a 
controlled point, or a remotely controlled hump yard facility; * * *
    Specifically, METRA requests relief that will permit a lone worker 
to perform inspections and minor repairs within an interlocking or 
control point utilizing Individual Train Detection (ITD) supplemented 
by a system termed Intelligent Train Approach Warning (ITAW). According 
to METRA, the ITAW will consist of a vibration sensitive pager-like 
device and a portable audible/visual device transported to the area 
where the lone worker is engaged in work. METRA indicates that the ITAW 
will be governed by a series of rules which will enhance and promote 
safety as the ITAW system never walks away, gets distracted or becomes 
involved in other human tendencies.
    METRA desires to conduct tests of the ITAW system at two locations 
on their system during which all provisions of 49 CFR Part 214 relating 
to the protection of on-track workers will be strictly adhered to 
utilizing either foul time or look-out protection. METRA states ``only 
after the system's integrity and fail proof technologies have been 
tested and found to be fail safe 100% of the time will the provisions 
requested in the waiver be exercised.'' METRA has included with the 
petition a set of detailed rules and instruction for the operation and 
use of the ITAWS for the purpose of providing warning of approaching 
trains to roadway workers.
    Interested parties are invited to participate in this proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with this proceeding 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 WPS-98-
1) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, SW, 
Washington, DC 20590. 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 this proceeding are 
available for examination during regular business hours (9:00 a.m.-5:00 
p.m.) at FRA's docket room located at 1120 Vermont Avenue, NW, Room 
7051, Washington, DC 20005.

    Issued in Washington, DC, on July 13, 1998.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 98-19103 Filed 7-16-98; 8:45 am]
BILLING CODE 4910-06-P