Petition for Exemption or Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Exemption or Waiver of Compliance

In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby

given that the Federal Railroad Administration (FRA) has received

requests for exemptions from or waivers of compliance with a

requirement of its safety standards. The individual petitions are

described below, including the party seeking relief, the regulatory

provisions involved, and the nature of the relief being requested.

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 RSOP-95-

1) and must be submitted in triplicate to the Docket Clerk, Office of

Chief Counsel, FRA, Nassif Building, 400 Seventh Street SW.,

Washington, D.C. 20590. Communications received within 45 days of the

date of publication 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 (9:00 a.m.-5:00 p.m.) in Room 8201, Nassif Building, 400 Seventh

Street SW., Washington, D.C. 20590.

The individual petitions seeking an exemption or waiver of

compliance are as follows:

American President Lines, Limited and APL Land Transport Services,

Incorporated (APL) (Waiver Petition Docket Number RSOP-95-1)

The American President Lines, Limited and APL seek a permanent

waiver of compliance with certain provisions of the Railroad Operating

Practices regulation (Title 49 CFR Part 218) for derail and blue signal

requirements. APL is seeking relief from the requirements of

Sec. 218.29(c)(1) which states: ``(c) Except as provided in paragraphs

(a) and (b) of this section, when workers are on, under, or between

rolling equipment on any track, other than main track: (1) A derail

capable of restricting access to that portion of the track on which

such equipment is located, will fulfill the requirements of a manually

operated switch when positioned no less than 150 feet from the end [of]

such equipment * * *''

A new container port facility and rail yard, which will be operated

by an APL subsidiary, are being designed and built by the Port of

Seattle. The new facility is designed to load and unload intermodal

trains and is expected to be occupied by the last quarter of 1996. The

yard will have the capacity to store up to 56 stack train cars with

each such car being a maximum of 337 feet long. There will be 6

parallel spur tracks entering the yard from the south end with a single

run-around track to the west of the working tracks. The 6 spurs are

arranged in sets of 2 parallel tracks which will be serviced by gantry

cranes or top-picks for loading and unloading. The 6 spurs rejoin at

the north end to service a single spur which runs north to a ``dead

end.'' In the center of the yard is a 70-foot wide crossing aisle that

divides each spur. On each side of the aisle, APL plans to load and

unload 3 to 5 stack cars on each of the 6 tracks. The 6 tracks will

each be about 3,100 feet in length, and the yard will be approximately

3,200 feet in length by about 300 feet in width. APL intends to load or

unload trains on all 6 spurs simultaneously. To protect its workmen,

APL plans to install blue lights and derailers 5 feet beyond the edge

on both sides of the aisle. The 5-foot area between the edge of the

aisle and the derailer and blue light signal will be a surface that

will immediately dampen the progress of any car that is derailed, so

that the car will stop moving before the face of the coupler reaches

the aisle. The blue light, derail and red light will all be remotely

and automatically controlled from a tower that is within 1,500 feet of

the aisle and will have a continuous uninterrupted view of the yard.

There will also be a blue light signal and derail across the aisle, 80

feet from the other blue light and derail, which would, APL claims, in

essence provide dual protection for the workmen.

The facility will load and unload ships and intermodal unit trains.

In a typical operation, a loaded train will enter the yard from the

south, pulling enough cars to fill the first track. The speed limit in

the yard will be 5 mph. The locomotive will pull these cars onto the

first track, where a cut will be made just before the aisle, and those

cars to be unloaded on the southeast side of the aisle will be set out.

The locomotive will then pull the rest of the cars onto the track north

of the aisle where they will be set out. The locomotive will then exit

the first track, proceed south on the run-around track to the west of

the yard and pickup another cut of cars to fill the second track. This

will continue until the incoming train is spotted or all six tracks are

filled. Excess cars can be spotted in a storage yard west of and

adjacent to the main yard. During the process, once each cut of cars is

set out on the appropriate track, the blue lights and derails will be

set.

At that point, top lifting type container handling equipment will

be used to unload the railroad cars on any given spur. Tractors will

move the trailers or containers either to a storage area, or directly

to ships that are berthed at the facility. These tractors will use the

aisle as the means of access to and from the yard with both chassis and

containers. A similar process will be followed when loading unit trains

from a ship or the container storage yard.

APL requests waiver of the 150-foot requirement for the blue lights

and derail devices to be used in the center aisle in the yard. Each

group of workmen will be protected by blue light signals 80 feet apart

across the aisle. Each group of workmen will also be protected by two

derail devices. The first will be within 5 feet of the coupling face,

and the other will be 80 feet from the first derail device, across the

aisle. Workmen will not begin working to load or unload the cars on any

given spur until the cars have come to a complete stop and are

protected as set out in this waiver request. They will be protected by

two blue light signals and by two derail devices.

APL states that it ``is working with the Port in the process of

designing the yard. One important facet of this design is that workmen

be able to work in close proximity to the aisle to increase efficiency.

As indicated in the Notice of Proposed Rulemaking, when certain

criteria are present, a railroad may safely use different approaches to

afford blue signal protection.'' APL states they will meet those

criteria. ``First, slow speeds are involved since there is a 5 mph

speed limit in the yard. Next, control over the movement of the

equipment will be placed in the hands of individuals directly

responsible for the people who need to be protected. In

[[Page 21234]] the Final Rule, FRA expressed its goal of assuring

workers' safety.'' APL states that ``the combination of very low speed,

a movement dampening surface, and derails in close proximity to cars

that are standing still will limit travel to not more than 5 feet after

derailment which is well within FRA's goal to: assure that rolling

equipment will not travel more than 50 feet after derailment.''

APL states that ``the waiver sought by APL will allow construction

a modern and efficient rail yard as part of an intermodal facility at

the Port of Seattle. By operating with a reduced distance for blue

lights and derail devices, APL will be able to fit the yard to the

property available. This project will substantially increase the amount

of rail business at the Port and in the region. Shorter train movements

in the yard will also reduce air emissions in the Port, thereby

reducing harm to the environment.''

Issued in Washington, D.C. on April 25, 1995.

Phil Olekszyk,

Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 95-10580 Filed 4-28-95; 8:45 am]

BILLING CODE 4910-06-P