Request for Consideration to Roadway Machine Maintenance Machine Safety Regulations - Final Rule 49 CFR Part 214 Subpart D Rule 214.507 Paragraph 4  Windshields

After a final review of Roadway Maintenance Machine Safety Regulations as published on Monday July 28, 2003 in the Federal Register, Union Pacific wants to ensure that our interpretation of this portion of the rule is consistent with the intent of the rulemaking. The specific portion in question is Rule 214.507 Paragraph 4 wherein the rule mandates that all new machines must be equipped with: 

A windshield with safety glass or other materials with similar properties, and power windshield wipers, or suitable alternatives that provide the operator an equivalent level of vision if windshield wipers are incompatible with the windshield material;

Union Pacific fully supports the RSAC process that reached consensus on this rulemaking and agrees that machines with enclosed cabs should be equipped with windshields to protect the operator.  However, there are many machines that either do not have the framework to accommodate a windshield or cannot be practically equipped with windshields.  Union Pacific interprets this rule to exclude those machines that would require a windshield be applied to a "void" or otherwise provide no protection or other value to the operator.  The machines that should not be fitted with windshields vary in weight from approximately 10,000 lb. to 30,000 lb., are used in production gang consists, are not traveled long distances and are not traveled at high speeds.

In a separate attachment are several pictures of such a machine - an automatic rail anchor applicator.  This machine weighs approximately 10,000 lbs. and, by design, does not have an enclosed cab.  The operator sits outside and above the rail he or she is working on.  While it is possible to install a windshield on one or both sides of the operator by building a framework for the windshield, such a windshield would only exist to comply with the regulation and would not provide any protection or other value to the operator.  In fact, the windshield would be an obstacle to the safe operation of the machine because it would be constantly in the way when loading anchors and operating the machine.  In addition, the windshield could not practically be equipped with wipers and, therefore, would be a constant cleaning problem.  In effect, the installation of a windshield would impair the operator' vision, interfere with the safe operation of the machine and provide absolutely no value to the operator.

Union Pacific feels very strongly that automatic anchor applicator machines and other similar machines listed below are not proper candidates for windshields now or in the future.  Other machines that should be considered for exclusion to the requirements of the windshield rule are:
 Anchor Spreaders
 Anchor Squeezers
 Anchor Remover Machines
 Multi-screw Spiker Machines
 Multi-unscrew Spiker Machines
 Multi Drill/Screw Spiker Machines
 Production Clip Applicator /Remover Machines
 Rail Heater Cars
 Rail Lifter Production Plate Inserters
 Spiking Driving Machines
 Spike Puller Machines
 Production Profile Grinders.  

Union Pacific realizes that the basic configuration of some of these machines may change in the future.  If future design changes result in a need for, or added value of, a windshield as called for in this rule, Union Pacific would, of course, support the installation of such.

Your consideration in the application of this rule is appreciated.  If you have any questions, please feel free to call me at (402) 271-2384.