Petition for Waiver of Compliance, 71117-71119 [2011-29616]
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71117
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
railroad facilities. The aggregate unpaid
principal amounts of obligations cannot
exceed $35.0 billion at any one time,
and not less than $7.0 billion is to be
available solely for projects benefitting
freight railroads other than Class I
carriers. The Secretary of Transportation
has delegated his authority under the
RRIF Program to the FRA Administrator
in 1 CFR 1.49.
Affected Public: State and local
governments, government sponsored
authorities and corporations, railroads,
and joint ventures that include at least
one railroad.
REPORTING BURDEN
Average time
per response
(hours)
Total annual
burden hours
CFR section
Respondent universe
Total annual responses
260.23—Form and Content of Application ..................
75,635 potential applicants.
650 potential ....................
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
18 applications .................
20
360
15 financial documents ....
18 executed app ..............
18 certificates ..................
18 letters ..........................
18 packages ....................
18 statements ..................
1 Impact Statement .........
2 Assessments ................
15 exclusions ...................
5 consultations .................
18 financial records .........
50
.6
.6
.6
1.5
*30
15,552
4,992
176
1
10
750
10.8
10.8
10.8
27
9
15,552
9,984
2,640
5
180
260.25—Additional Information Loan Guarantees ......
260.31—Execution and Filing of Application ..............
Certificates with Original Application ...........................
Transmittal Letters .......................................................
Application Packages ..................................................
260.33—Information Statements .................................
260.35—Environmental Impact Statement .................
Environmental Assessment .........................................
Categorical Exclusions ................................................
Environmental Consultations .......................................
260.41—Inspection
and
Reporting—Financial
Records and Other Documents.
* In minutes.
Total Responses: 164.
Estimated Total Annual Burden:
29,539.4.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC, on November 9,
2011.
Kimberly Coronel,
Director, Office of Financial Management,
Federal Railroad Administration.
[FR Doc. 2011–29605 Filed 11–15–11; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2011–0077]
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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.
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17:45 Nov 15, 2011
Jkt 226001
The National Passenger Railroad
Corporation (Amtrak) hereby petitions
FRA for a temporary waiver from 49
CFR part 214, subpart C, seeking relief
from the requirement to provide
Roadway Worker Protection (RWP) for
contractors and contractor employees
(herein referred to as ‘‘workers’’) using
hand tools within the 4-foot fouling
envelope of a track in publicly
accessible areas, specifically passenger
station platforms. The waiver is sought
for the express purpose of performing
manual snow removal with hand tools,
which extend into the tactile warning
area of a passenger platform (if
equipped with a tactile warning strip) or
other warning areas beyond and
including a similarly positioned and
contrasting painted line (if not
equipped), while the worker is behind
the area and in a position of safety. The
tactile warning area is the area beyond
and including a 24-inch wide strip of
truncated domes that is installed along
the full length of the public use areas of
a passenger platform (pursuant to the
Americans with Disabilities Act (ADA)
standards) and that is generally
positioned approximately 24 inches
from the outside of the nearest rail. The
request for relief from the regulation is
limited to platforms outside of the
Northeast Corridor at stations for which
Amtrak is not the operating railroad.
Section 214.7 defines fouling a track
as ‘‘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 ontrack equipment or, in any case, is
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Frm 00164
Fmt 4703
Sfmt 4703
within four feet of the field side of the
near running rail.’’ In the case of a
platform, 4 feet from the field side of the
rail generally encompasses the space
between the outside of the nearest rail
and the platform plus the width of a 24inch ADA-required tactile strip.
Currently, workers performing
passenger station snow removal
activities, which breach the tactile (or
painted) warning area with hand tools,
must be provided with on-track safety in
accordance with the RWP rule, while
pedestrians and the riding public may
move throughout the system in the very
same areas without restriction.
Contractor workers performing snow
removal on passenger service
infrastructure not owned by Amtrak are
not qualified to provide on-track safety.
Thus, workers may remove snow from
platform areas behind the tactile (or
paint-delineated) warning area, but
must not remove snow in the area of the
tactile (or paint-delineated) warning
area without first establishing on-track
safety in accordance with the RWP rule.
As a result of this requirement,
hazardous conditions on platforms
remain unaddressed. Amtrak believes
that the proposed ‘‘Alternate
Protection’’ protocol used for specific
snow removal activities will permit
workers to address unsafe platform
conditions from a safe location in a safe
and timely manner without the worker
being struck by a train while occupying
the area of the platform behind the
tactile warning strip or contrasting
painted line.
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71118
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
Amtrak believes that an improvement
to the safety of the riding public will
take place in the form of faster response
times, reduced hazardous walking
conditions, and reduced passenger
incidents should the waiver be granted.
Amtrak submits that it is logical to
assume that removing snow and ice
from the tactile or paint-delineated
warning areas of passenger station
platforms would result in a reduction in
slips, trips, and falls due to inclement
weather at station platforms.
Amtrak also believes that no negative
impact to the safety of workers
removing snow will occur under the
plan based upon examination of
publicly-available data regarding
passenger and employee injuries and
fatalities on railroad passenger station
platforms. Rail transit systems, outside
of the umbrella of FRA regulation,
currently do not have prescriptive
requirements regarding contractor and
employee protection when removing
snow from station platforms. Under
Federal Transit Administration
oversight, no consistent RWP
requirements exist nationwide. Such
systems are permitted to perform snow
removal activities at station platforms in
accordance with protection
requirements that the transit agency
itself adopts. Many rail transit agencies
have adopted policies similar to the
practices that Amtrak proposes in this
waiver, with no appreciable difference
in worker injuries and fatalities on
station platforms when compared to
FRA data.
Amtrak conducted a comparative data
analysis between transit systems and
passenger railroads regarding worker
injuries in station areas, as well as
compared the average rate of injury to
patrons within the transit industry to
that of Amtrak’s claimed injuries. The
rate of worker injuries on transit
systems in areas that regularly deal with
climatic conditions, such as snow and
ice, is consistent with (or in many cases
below) the accident/injury rates of FRAregulated passenger railroads in similar
areas. While acknowledging that its
analysis was not a comparison between
data collected under the exact same
conditions and criteria, Amtrak submits
that there is value in comparison
between similar modes of
transportation. Amtrak believes that the
program for alternate protection for
snow removal at station platforms, as
proposed, (1) Will provide an equivalent
level of safety for workers who
manually remove snow, according to the
requirements under RWP, and (2) will
improve the safety of the riding public.
As such, Amtrak believes that relief
from the application of fouling
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17:45 Nov 15, 2011
Jkt 226001
protection required when manually
removing snow from a publicly
accessible station platform is in the
public’s interest and consistent with
railroad safety.
Slippery or snow-covered platform
surfaces pose a significant risk to
passengers, especially if such conditions
exist close to the platform’s edge. This
potential risk continues so long as the
slippery or snow-covered surfaces exist.
In contrast, the potential risk to workers
is intermittent due to dependence upon
the presence of a train. Considering the
differing levels of potential risk from
both time-based and quantity-based
perspectives, risk to passengers is
significantly greater than the potential
risk to workers.
Amtrak believes the RWP regulation
was not written with consideration of
risk to the traveling public, which
occurs continuously so long as
hazardous conditions due to snowcovered surfaces exist. Rather, the
regulation is strictly focused on risk
reduction for railroad workers.
Passenger railroads are obligated to
assign equal importance to the safety of
passengers and workers. Amtrak
believes that under the proposed
procedures, workers will not be exposed
to greater risk than they would under
the on-track safety requirements (under
the RWP rule) while manually removing
snow; and passenger risk will be greatly
reduced.
To ensure that workers using the
alternate program to remove snow from
platforms are not exposed to undue risk,
the following conditions are proposed
by Amtrak in its alternate program:
a. Workers are not permitted to use
powered equipment, such as snow
blowers, to clear the tactile edge area of
snow without appropriate on-track
safety in accordance with the RWP rule.
b. Any need for the worker to breach
the strip or come within the 4-foot
clearance envelope to push snow from
the platform will require on-track safety
in accordance with the RWP rule.
c. Amtrak will train workers to be
constantly alert for the movement of
trains and to remain in areas of the
platform, which are inaccessible to
trains.
d. The Amtrak training program for
alternate snow removal protection
details the conditions under which ontrack safety in accordance with the RWP
rule is needed, as well as the explicit
conditions under which workers may
occupy the station areas behind the
tactile edge to remove snow.
e. The training program explains the
purpose of a good faith challenge as
well as how to execute a challenge
should work need to be performed that
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Frm 00165
Fmt 4703
Sfmt 4703
requires on-track safety in accordance
with the RWP rule or is otherwise
thought to be unsafe by the worker.
f. Workers must demonstrate an
understanding of the types of conditions
that would require protection above and
beyond that which would be permitted
under this proposal, as well as the
methods to execute a good faith
challenge.
g. Prior to any work commencing,
workers must hold a job briefing.
h. Workers removing snow from
station platforms under alternate snow
removal protection will not be
permitted to work in single-man crews.
Under the alternate snow removal
protection procedures, work groups
would be required to appoint a safety
monitor. The safety monitor would be
required to conduct the job briefing and
to maintain a means to contact Amtrak
personnel as necessary. Safety monitors
would observe all work for compliance
with the requirements of the protection
procedures and would ensure that all
work would stop in the presence of a
train.
Amtrak is dedicated to ensuring the
safety of the riding public, as well as the
safety of contractors and employees.
Amtrak does not wish to seek a waiver
from the RWP requirements when a
worker is fouling the track in order to
remove snow from areas other than the
platform (e.g., clearing an inner-track
walkway, or when a worker is required
to breach the tactile edge with his or her
person).
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–2011–
0077) 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.
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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
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 https://
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
https://www.dot.gov/privacy.html.
Issued in Washington, DC, on November 9,
2011.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2011–29616 Filed 11–15–11; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2011–0068]
Agency Information Collection Activity
Under OMB Review
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
The Federal Transit
Administration invites public comment
about our intention to request the Office
of Management and Budget’s (OMB)
approval to renew the following
information collection: 49 U.S.C.
Section 5320—Paul S. Sarbanes Transit
in Parks Program.
The information collected is to
monitor projects and satisfy
Congressional requests. The Federal
Register notice with a 60-day comment
period soliciting comments was
published on August 29, 2011 (Citation
76 FR 53714). No comments were
received from that notice.
DATES: Comments must be submitted
before December 16, 2011. A comment
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SUMMARY:
VerDate Mar<15>2010
17:45 Nov 15, 2011
Jkt 226001
to OMB is most effective if OMB
receives it within 30 days of
publication.
FOR FURTHER INFORMATION CONTACT:
Sylvia L. Marion, Office of
Administration, Office of Management
Planning, (202) 366–6680.
SUPPLEMENTARY INFORMATION:
Title: 49 U.S.C. Section 5320—Paul S.
Sarbanes Transit in Parks Program.
Abstract: Section 3021 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act—A Legacy
for Users (SAFETEA–LU), as amended,
established the Paul S. Sarbanes Transit
in Parks Program (Transit in Parks
Program—49 U.S.C. 5320). The program
is administered by FTA in partnership
with the Department of the Interior
(DOI) and the U.S. Department of
Agriculture’s Forest Service. The
program provides grants to Federal land
management agencies that manage an
eligible area, including but not limited
to the National Park Service, the Fish
and Wildlife Service, the Bureau of
Land Management, the Forest Service,
the Bureau of Reclamation; and State,
tribal and local governments with
jurisdiction over land in the vicinity of
an eligible area, acting with the consent
of a federal land management agency,
alone or in partnership with a Federal
land management agency or other
governmental or non-governmental
participant. The purpose of the program
is to provide for the planning and
capital costs of alternative
transportation systems that will enhance
the protection of national parks and
Federal lands; increase the enjoyment of
visitors’ experience by conserving
natural, historical, and cultural
resources; reduce congestion and
pollution; improve visitor mobility and
accessibility; enhance visitor
experience; and ensure access to all,
including persons with disabilities.
Estimated Total Annual Burden:
1,220 hours.
ADDRESSES: All written comments must
refer to the docket number that appears
at the top of this document and be
submitted to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, 725–17th
Street NW., Washington, DC 20503,
Attention: FTA Desk Officer.
Comments are Invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
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Frm 00166
Fmt 4703
Sfmt 4703
71119
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Dated: November 9, 2011.
Ann M. Linnertz,
Associate Administrator for Administration.
[FR Doc. 2011–29524 Filed 11–15–11; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2011–0067]
Agency Information Collection Activity
Under OMB Review
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
The Federal Transit
Administration invites public comment
about our intention to request the Office
of Management and Budget (OMB) to
extend the approval of the following
information collection:
49 U.S.C. Section 5330—Rail Fixed
Guideway Systems, State Safety
Oversight. The information collected is
used to monitor the safety of the rail
transit agencies. The Federal Register
notice with a 60-day comment period
soliciting comments was published on
August 29, 2011 (Citation 76 FR 53713).
No comments were received from that
notice.
SUMMARY:
Comments must be submitted
before December 16, 2011. A comment
to OMB is most effective if OMB
receives it within 30 days of
publication.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sylvia L. Marion, Office of
Administration, Office of Management
Planning, (202) 366–6680.
SUPPLEMENTARY INFORMATION:
Title: 49 U.S.C. Section 5330—Rail
Fixed Guideway Systems, State Safety
Oversight.
Abstract: 49 U.S.C. 5330 requires
States to designate a State Safety
Oversight (SSO) agency to oversee the
safety and security of each rail transit
agency within the State’s jurisdiction.
To comply with Section 5330, SSO
agencies must develop program
standards which meet FTA’s minimum
requirements. In the Program Standard,
which must be approved by FTA, each
SSO agency must require each rail
transit agency in the State’s jurisdiction
to prepare and implement a System
Safety Program Plan (SSPP) and System
E:\FR\FM\16NON1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71117-71119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29616]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2011-0077]
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 Passenger Railroad Corporation (Amtrak) hereby
petitions FRA for a temporary waiver from 49 CFR part 214, subpart C,
seeking relief from the requirement to provide Roadway Worker
Protection (RWP) for contractors and contractor employees (herein
referred to as ``workers'') using hand tools within the 4-foot fouling
envelope of a track in publicly accessible areas, specifically
passenger station platforms. The waiver is sought for the express
purpose of performing manual snow removal with hand tools, which extend
into the tactile warning area of a passenger platform (if equipped with
a tactile warning strip) or other warning areas beyond and including a
similarly positioned and contrasting painted line (if not equipped),
while the worker is behind the area and in a position of safety. The
tactile warning area is the area beyond and including a 24-inch wide
strip of truncated domes that is installed along the full length of the
public use areas of a passenger platform (pursuant to the Americans
with Disabilities Act (ADA) standards) and that is generally positioned
approximately 24 inches from the outside of the nearest rail. The
request for relief from the regulation is limited to platforms outside
of the Northeast Corridor at stations for which Amtrak is not the
operating railroad.
Section 214.7 defines fouling a track as ``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.'' In the case of a platform, 4 feet from the
field side of the rail generally encompasses the space between the
outside of the nearest rail and the platform plus the width of a 24-
inch ADA-required tactile strip.
Currently, workers performing passenger station snow removal
activities, which breach the tactile (or painted) warning area with
hand tools, must be provided with on-track safety in accordance with
the RWP rule, while pedestrians and the riding public may move
throughout the system in the very same areas without restriction.
Contractor workers performing snow removal on passenger service
infrastructure not owned by Amtrak are not qualified to provide on-
track safety. Thus, workers may remove snow from platform areas behind
the tactile (or paint-delineated) warning area, but must not remove
snow in the area of the tactile (or paint-delineated) warning area
without first establishing on-track safety in accordance with the RWP
rule. As a result of this requirement, hazardous conditions on
platforms remain unaddressed. Amtrak believes that the proposed
``Alternate Protection'' protocol used for specific snow removal
activities will permit workers to address unsafe platform conditions
from a safe location in a safe and timely manner without the worker
being struck by a train while occupying the area of the platform behind
the tactile warning strip or contrasting painted line.
[[Page 71118]]
Amtrak believes that an improvement to the safety of the riding
public will take place in the form of faster response times, reduced
hazardous walking conditions, and reduced passenger incidents should
the waiver be granted. Amtrak submits that it is logical to assume that
removing snow and ice from the tactile or paint-delineated warning
areas of passenger station platforms would result in a reduction in
slips, trips, and falls due to inclement weather at station platforms.
Amtrak also believes that no negative impact to the safety of
workers removing snow will occur under the plan based upon examination
of publicly-available data regarding passenger and employee injuries
and fatalities on railroad passenger station platforms. Rail transit
systems, outside of the umbrella of FRA regulation, currently do not
have prescriptive requirements regarding contractor and employee
protection when removing snow from station platforms. Under Federal
Transit Administration oversight, no consistent RWP requirements exist
nationwide. Such systems are permitted to perform snow removal
activities at station platforms in accordance with protection
requirements that the transit agency itself adopts. Many rail transit
agencies have adopted policies similar to the practices that Amtrak
proposes in this waiver, with no appreciable difference in worker
injuries and fatalities on station platforms when compared to FRA data.
Amtrak conducted a comparative data analysis between transit
systems and passenger railroads regarding worker injuries in station
areas, as well as compared the average rate of injury to patrons within
the transit industry to that of Amtrak's claimed injuries. The rate of
worker injuries on transit systems in areas that regularly deal with
climatic conditions, such as snow and ice, is consistent with (or in
many cases below) the accident/injury rates of FRA-regulated passenger
railroads in similar areas. While acknowledging that its analysis was
not a comparison between data collected under the exact same conditions
and criteria, Amtrak submits that there is value in comparison between
similar modes of transportation. Amtrak believes that the program for
alternate protection for snow removal at station platforms, as
proposed, (1) Will provide an equivalent level of safety for workers
who manually remove snow, according to the requirements under RWP, and
(2) will improve the safety of the riding public. As such, Amtrak
believes that relief from the application of fouling protection
required when manually removing snow from a publicly accessible station
platform is in the public's interest and consistent with railroad
safety.
Slippery or snow-covered platform surfaces pose a significant risk
to passengers, especially if such conditions exist close to the
platform's edge. This potential risk continues so long as the slippery
or snow-covered surfaces exist. In contrast, the potential risk to
workers is intermittent due to dependence upon the presence of a train.
Considering the differing levels of potential risk from both time-based
and quantity-based perspectives, risk to passengers is significantly
greater than the potential risk to workers.
Amtrak believes the RWP regulation was not written with
consideration of risk to the traveling public, which occurs
continuously so long as hazardous conditions due to snow-covered
surfaces exist. Rather, the regulation is strictly focused on risk
reduction for railroad workers. Passenger railroads are obligated to
assign equal importance to the safety of passengers and workers. Amtrak
believes that under the proposed procedures, workers will not be
exposed to greater risk than they would under the on-track safety
requirements (under the RWP rule) while manually removing snow; and
passenger risk will be greatly reduced.
To ensure that workers using the alternate program to remove snow
from platforms are not exposed to undue risk, the following conditions
are proposed by Amtrak in its alternate program:
a. Workers are not permitted to use powered equipment, such as snow
blowers, to clear the tactile edge area of snow without appropriate on-
track safety in accordance with the RWP rule.
b. Any need for the worker to breach the strip or come within the
4-foot clearance envelope to push snow from the platform will require
on-track safety in accordance with the RWP rule.
c. Amtrak will train workers to be constantly alert for the
movement of trains and to remain in areas of the platform, which are
inaccessible to trains.
d. The Amtrak training program for alternate snow removal
protection details the conditions under which on-track safety in
accordance with the RWP rule is needed, as well as the explicit
conditions under which workers may occupy the station areas behind the
tactile edge to remove snow.
e. The training program explains the purpose of a good faith
challenge as well as how to execute a challenge should work need to be
performed that requires on-track safety in accordance with the RWP rule
or is otherwise thought to be unsafe by the worker.
f. Workers must demonstrate an understanding of the types of
conditions that would require protection above and beyond that which
would be permitted under this proposal, as well as the methods to
execute a good faith challenge.
g. Prior to any work commencing, workers must hold a job briefing.
h. Workers removing snow from station platforms under alternate
snow removal protection will not be permitted to work in single-man
crews.
Under the alternate snow removal protection procedures, work groups
would be required to appoint a safety monitor. The safety monitor would
be required to conduct the job briefing and to maintain a means to
contact Amtrak personnel as necessary. Safety monitors would observe
all work for compliance with the requirements of the protection
procedures and would ensure that all work would stop in the presence of
a train.
Amtrak is dedicated to ensuring the safety of the riding public, as
well as the safety of contractors and employees. Amtrak does not wish
to seek a waiver from the RWP requirements when a worker is fouling the
track in order to remove snow from areas other than the platform (e.g.,
clearing an inner-track walkway, or when a worker is required to breach
the tactile edge with his or her person).
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-
2011-0077) 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.
[[Page 71119]]
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 https://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
https://www.dot.gov/privacy.html.
Issued in Washington, DC, on November 9, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-29616 Filed 11-15-11; 8:45 am]
BILLING CODE 4910-06-P
