Petition for Waiver of Compliance, 35053-35054 [2017-15791]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35053-35054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15791]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0061]


Petition for Waiver of Compliance

    Under Part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that on June 28, 2017 the 
National Railroad Passenger Corporation (Amtrak) petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations in 49 CFR part 
214. FRA assigned the petition docket number FRA-2017-0061.
    Amtrak is requesting relief from the definition of ``fouling a 
track'' found at 49 CFR 214.7 at certain locations within Amtrak's New 
York Penn Station. The waiver is sought for the express purpose of 
increasing the number of areas considered a ``place of safety'' under 
214.329 to improve the safety and efficiency of roadway maintenance 
procedures at that location. Safety will be improved by reducing the 
distance roadway workers must move and lessening the number of live 
tracks they may have to cross to reach a place of safety upon receiving 
warning of an approaching train. Efficiency of roadway maintenance 
procedures will be improved by increasing the number of clearing 
locations, thereby reducing time spent moving to and from places of 
safety.
    The area under consideration in New York Penn Station lies between 
the Hudson River and Empire Connection tunnels to the west and the East 
River tunnels to the east when certain conditions, identified below, 
are met. If approved, when train approach warning is used as the method 
of protection, roadway workers may move to a previously arranged place 
of safety designated as a ``clearance area'' that may be slightly less 
than four feet from the near running rail but, due to track and station 
structure configurations, provide a safe haven from the risk of being 
struck by moving trains or on-track equipment.
    Amtrak's waiver request states that it faces operational problems 
complying with new provisions in 49 CFR 214.329(a), effective April 1, 
2017, while operating an average of approximately 1,100 weekday, and 
700 weekend departures and arrivals. Penn Station has 21 tracks fed by 
seven tunnels (the two Hudson River Tunnels, the four East River 
Tunnels, and the single Empire Connection tunnel). It is at the center 
of the Northeast Corridor as well as the main intercity railroad 
station in New York City. Intercity trains are operated by Amtrak, 
which owns the station, while commuter rail services are operated by 
the Long Island Rail Road and New Jersey Transit. In its waiver 
request, Amtrak also states that, prior to the new rule, Amtrak roadway 
workers using train approach warning as a method of protection in Penn 
Station would clear to another track as their place of safety when the 
Watchman/Lookout provided a warning of an impending movement on the 
track which they occupied or fouled. In addition, Amtrak's waiver 
request states that the revised rule now prohibits making the place of 
safety another track unless working limits are established on that 
track and movement authority is withheld or not authorized by the 
roadway worker-in-charge. Finally, the waiver request states that the 
additional constraints and disruption of movement, and subsequent 
delays to trains and passengers required to establish working limits, 
could be significantly offset if Amtrak could utilize existing places 
of refuge that do not meet the requirements of the regulation.
    Amtrak explains in its request that New York Penn Station was built 
between 1901 and 1910, and is entirely underground. As such, Amtrak 
asserts the architecture and track configurations within the station 
area provide several locations where it is physically impossible to be 
struck by moving equipment despite being within four feet of the near 
rail. Amtrak believes these areas provide the same level of safety as a 
tunnel niche without the restrictions of a confined space. Amtrak 
explains that except for the use of tunnel niches and clearing bays 
provided for in 49 CFR 214.317(d), the 214.7 definition of ``fouling a 
track'' prevents the use of other infrastructure

[[Page 35054]]

configurations that may create a similar safe haven outside the 
clearance area but less than four feet from the near running rail. 
While the regulation only focuses on tunnel niches, Amtrak believes 
there are niches outside of tunnels that provide the same level of 
safety, and railroads have a long history of safely utilizing such 
areas. Amtrak's request for relief is intended to provide for the 
opportunity to use additional locations of safety within the New York 
Penn Station, which, are locations of safety due to the physical 
configuration of the track and station structures.
    Should FRA grant the waiver request, Amtrak will designate specific 
areas that are slightly less than four feet from the near running rail 
but nonetheless provide a place of safety as a ``clearance area'' and 
Amtrak will comply with the following conditions prior to designating 
any space as a clearance area:
    1. Ensure there is adequate sight distance at that location to 
permit a roadway worker or lone worker to occupy that place of safety 
at least 15 seconds prior to the arrival of a train or other on-track 
equipment;
    2. Identify clearance areas with clearly visible signage;
    3. Direct a roadway-worker-in-charge to visually inspect each 
applicable clearance area to ensure it is suitable for use as a place 
of safety;
    4. Ensure the use of such clearance areas is discussed in the job 
briefing prior to any roadway worker fouling the track;
    5. Ensure it has and procedures that state the roadway-worker-in-
charge or lone worker has the absolute right to designate an alternate 
place of safety as a location other than, or to establish working 
limits.
    6. Ensure it has and procedures that state any roadway worker has 
the right to a good faith challenge of the use of a clearance area if 
there is a reasonable belief the area does not provide an adequate 
level of protection;
    7. Ensure it has and procedures that state all affected roadway 
workers will receive instruction prior to the use of clearance areas.
    8. Amtrak will publish and distribute the above procedures in 
Amtrak's Roadway Worker Bulletins, and address them in a training blitz 
or job safety briefing, and document them in Amtrak's Total Efficiency 
and Safety Tests System (T.E.S.T.S) using Test 198. In addition, Amtrak 
will immediately add the procedures to the annual training curriculum 
at the affected locations.
    Amtrak believes the requested relief is completely safe and will 
greatly improve the efficiency of roadway maintenance in one of the 
busiest stations in North America.
    A copy of the petition, as well as any other written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
Docket Operations Facility, 1200 New Jersey Ave. SE., W12-140, 
Washington, DC 20590. The Docket Operations Facility is open from 9 
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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 and may be submitted by any of the following 
methods:
     Web site: https://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 by August 28, 2017 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can 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 document, if 
submitted on behalf of an association, business, labor union, etc.). In 
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 
to better inform its processes. DOT posts these comments, without edit, 
including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-15791 Filed 7-26-17; 8:45 am]
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