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 Secs. 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-94-

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

Chief Counsel, Federal Railroad Administration, Nassif Building, 400

Seventh Street, S.W., Washington, D.C. 20590. Communications received

before April 10, 1995, 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.) in Room 8201, Nassif Building, 400 Seventh Street, S.W.,

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,

Inc. (APL) (Waiver Petition Docket Number RSOP-94-4)

The American President Lines, Limited and the APL seek a permanent

waiver of compliance with certain provisions of the Railroad Operating

Practices regulation (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 Los

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

trains and is expected to be occupied by the first quarter of 1997. The

yard will have the capacity to store up to 78 stack train cars with

each such car being a maximum of 337 feet long. There will be 10

parallel spur tracks entering the yard from the north-end with a single

run-around track to the north of the working tracks. The 10 spurs are

arranged in sets of two parallel tracks which will be serviced by

gantry cranes for loading and unloading. The 10 spurs rejoin at the

south-end to service a single spur which runs along the wharf structure

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 three to five stack cars on each of the 10 tracks. The

10 tracks will each be about 2,800 feet in length, and the yard will be

approximately 3,700 feet in length by 500 feet in width. APL intends to

load or unload trains on all 10 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 [[Page 12819]] 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, in

essence providing 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

north, 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 north side of the aisle will be set out. The

locomotive will then pull the rest of the cars onto the track south of

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

first track, proceed north on the run-around track to the north of the

yard and pick-up another cut of cars to fill the second track. This

will continue until the incoming train is spotted or all 10 tracks are

filled. Excess cars can be spotted in a storage yard northeast 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, from one to four gantry type cranes may 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 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

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

at the Port of Los Angeles. 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, DC on February 23, 1995.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 95-5689 Filed 3-7-95; 8:45 am]

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