Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236, 9060-9061 [E7-3480]
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sroberts on PROD1PC70 with NOTICES
9060
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
Instructions: All submissions must
include the agency name and docket
number for this notice. Note that all
submissions received will be posted to
https://dms.dot.gov without change,
including any personal information.
Please see the general information
heading in the SUPPLEMENTARY
INFORMATION section of this document
for Privacy Act information related to
submitted comments or materials.
Docket: For access to the docket to
read background documents or
submissions received, go to https://
dms.dot.gov at any time, or visit PL–401
on the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m. Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION: On
February 22, 2006, FRA announced it is
seeking input through the RSAC for
potential revision of the Locomotive
Safety Standards contained in 49 CFR
Part 229. Although these standards have
been the subject of a series of
modifications, the basic text of the rule
has remained largely unchanged since
promulgation in 1980. In section 229.19,
titled ‘‘Prior waivers,’’ the existing
regulation states: ‘‘All waivers of every
form and type from any requirement of
any order or regulation implementing
the Locomotive Inspection Act,
applicable to one or more locomotives,
except those propelled by steam power,
shall lapse on August 31, 1980, unless
a copy of the grant of waiver is filed
prior to that date with the Office of
Safety, RRS–23, Federal Railroad
Administration.’’ If the standards are
modified, FRA foresees including a
similar requirement to terminate all Part
229 waivers shortly after issuance of the
revised rule, unless they are reregistered with FRA by a similar
process. An opportunity to comment on
the proposed sunset regulation will be
provided at a later time, prior to the
issuance of a final rule. To conform with
current Safety Board practice that limits
relief to a 5-year term or less, all current
waivers of 49 CFR Part 229 that are not
already term-limited shall be terminated
5 years after re-registration. Termination
dates of waivers already term-limited
will not be changed. At the end of the
5-year period, the Safety Board may
grant a formal request for extension,
pursuant to 49 CFR Part 211.
FRA is requesting that grantees
submit all current waivers of Federal
regulations contained in 49 CFR 229 if
there is a need for the waivers to
continue. Anticipating the sunset of
these waivers, FRA hopes to address
ongoing industry needs and maximize
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16:08 Feb 27, 2007
Jkt 211001
the effectiveness of the current potential
rulemaking by considering potential
revisions in light of current waivers.
Where appropriate, FRA (utilizing the
RSAC process) will consider whether
potential revisions of Part 229 can safely
accommodate the situation faced by the
railroad without the need for a waiver.
Where this is not appropriate, including
situations that are too specific to merit
a general accommodation, FRA will
retain the waivers submitted at this time
and forward them into the docket of
waivers to be continued beyond the
implementation of the potential
revisions to 49 CFR Part 229. Such
waivers will not need to be resubmitted
if a final rule is implemented.
Accordingly, railroads and other parties
that have waiver(s) of any portion of 49
CFR Part 229 that they wish to extend
after adoption of revised Locomotive
Safety Standards shall file a copy of the
letter granting the waiver, together with
a cover letter referencing this docket
number, within 90 days of the date of
this notice.
This notice establishes docket number
FRA–2007–27155 for collection of
documents related to the LSSWG’s
activities. The docket will be utilized to
collect copies of granted waivers
submitted pursuant to this notice and
other documents generated during the
RSAC process, making them available to
the public.
Anyone is able to search all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, 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 (Volume
665, Number 7, Pages 19477–78). The
statement may also be found at https://
dms.dot.gov.
Issued in Washington, DC on February 23,
2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E7–3448 Filed 2–27–07; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System or Relief From
the Requirements of Title 49 Code of
Federal Regulations Part 236
Pursuant to Title 49 Code of Federal
Regulations (CFR) Part 235 and 49
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
U.S.C. 20502(a), the following railroad
has petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of the signal system or relief from the
requirements of 49 CFR Part 236, as
detailed below.
[Docket Number FRA–2006–26756]
Applicant: Canadian National
Railway, Mr. E. L. Harris, Executive
Vice President, Operations, 10004–
104th Avenue, Floor 24, Edmonton,
Alberta T5J 0K2.
Canadian National Railway (CN) seeks
relief from the requirements of the rules,
standards, and instructions set out in
CFR 236.410, as it relates to the
requirement for an entering signal or
electric switch lock to enter the main
track in centralized traffic control
territory at a hand-operated switch. CN
believes that the precepts of 49 CFR
236.410 are based on an outdated
ideology that concerned itself with thennew signal technology, a less-thanrobust communication network, and/or
rail traffic controller (RTC) system that
did not have today’s abilities for
checking and blocking regarding block
occupancy movements. CN believes that
other jurisdictions have acknowledged
the redundancy of the electric switch
lock and provided for their removal and
the reliance on the RTC, who is the
authority for track occupancy on his or
her respective territory. CN therefore
requests exemption from the
requirements of 49 CFR 236.410 in the
territories recently identified as a traffic
control system, which was previously
identified as ABS/Rule 512B. This
exemption would involve
approximately 80 hand-operated
switches within these areas.
Any interested party desiring to
protest the granting of an application
shall set forth specifically the grounds
upon which the protest is made and
include a concise statement of the
interest of the party in the proceeding.
Additionally, one copy of the protest
shall be furnished to the applicant at the
address listed above.
All communications concerning this
proceeding should be identified by
Docket Number (FRA 2006–26756) and
must be submitted to the Docket Clerk,
DOT Central Docket Management
Facility, Room PI–401, 400 7th Street,
SW., Washington, DC 20590–0001.
Communications received within 45
days of the date of this notice will be
considered by the 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
E:\FR\FM\28FEN1.SGM
28FEN1
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
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://
dms.dot.gov.
FRA wishes to inform all potential
commenters that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, 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
(Volume 65, Number 70; Pages 19477–
78) or you may visit https://dms.dot.gov.
FRA expects to be able to determine
these matters without an oral hearing.
However, if a specific request for an oral
hearing is accompanied by a showing
that the party is unable to adequately
present his or her position by written
statements, an application may be set
for public hearing.
Issued in Washington, DC, on February 23,
2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E7–3480 Filed 2–27–07; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System or Relief From
the Requirements of Title 49 Code of
Federal Regulations Part 236
Pursuant to Title 49 Code of Federal
Regulations (CFR) Part 235 and 49
U.S.C. 20502(a), the following railroad
has petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of the signal system or relief from the
requirements of 49 CFR Part 236, as
detailed below.
sroberts on PROD1PC70 with NOTICES
[Docket Number FRA–2007–26965]
Applicant: CSX Transportation, Mr. J.
Wesley Wheeler, Chief Mechanical
Officer, Locomotives, 500 Water Street,
Speed Code J–340, Jacksonville, Florida
32202.
CSX Transportation, Inc. (CSXT)
seeks relief from the requirements of the
rules, standards, and instructions set out
in 49 CFR 236.586, to the extent that a
visual inspection not be required as part
of the daily or after-trip test on
locomotives equipped with
microprocessor equipment during a
VerDate Aug<31>2005
16:08 Feb 27, 2007
Jkt 211001
proposed test period. The proposed test
period would have the participation of
CSXT, FRA, Cab Signal Original
Equipment Manufacturer’s, Brotherhood
of Locomotive Engineers and Trainmen,
and the United Transportation Union.
CSXT believes that the test will
demonstrate how the newer systems
will allow safe train operation in train
control territory without needing to
perform a daily visual inspection of the
cab signal and train control apparatus.
The test is intended to also exhibit how
microprocessor-based systems can
continuously monitor themselves with
onboard self diagnostics and take the
appropriate safe action if a failure is
detected. During the proposed test
period, CSXT will keep these
locomotives on a 92-day periodic
inspection interval and will not perform
daily visual inspections of its cab signal
and train control equipment.
Any interested party desiring to
protest the granting of an application
shall set forth specifically the grounds
upon which the protest is made and
include a concise statement of the
interest of the party in the proceeding.
Additionally, one copy of the protest
shall be furnished to the applicant at the
address listed above.
All communications concerning this
proceeding should be identified by
Docket Number (FRA–2007–26965) and
must be submitted to the Docket Clerk,
DOT Central Docket Management
Facility, Room PI–401, 400 7th Street
SW., Washington, DC 20590–0001.
Communications received within 45
days of the date of this notice will be
considered by the 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://
dms.dot.gov.
FRA wishes to inform all potential
commenters that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, 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
(Volume 65, Number 70; Pages 19477–
78) or you may visit https://dms.dot.gov.
FRA expects to be able to determine
these matters without an oral hearing.
However, if a specific request for an oral
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
9061
hearing is accompanied by a showing
that the party is unable to adequately
present his or her position by written
statements, an application may be set
for public hearing.
Issued in Washington, DC, on February 23,
2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E7–3450 Filed 2–27–07; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
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 with 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.
Saint Louis Metro
[Docket Number FRA–2007–27207]
Saint Louis Metro (Metro), the
provider of bus, paratransit, and light
rail transit in the St. Louis Metropolitan
Area, seeks a permanent waiver of
compliance from sections of Title 49 of
the CFR for operation of its MetroLink
Light Rail over two at-grade rail
diamond crossings that constitute a
‘‘limited connection’’ with the general
railroad system. (See Statement of
Agency Policy Concerning Jurisdiction
Over the Safety of Railroad Passenger
Operations and Waivers Related to
Shared Use of the Tracks of the General
Railroad System by Light Rail and
Conventional Equipment, 65 FR 42529
(July 10, 2000). See also Joint Statement
of Agency Policy Concerning Shared
Use of the Tracks of the General
Railroad System by Conventional
Railroads and Light Rail Transit
Systems, 65 FR 42526 (July 10, 2000).)
MetroLink consists of 44.8 miles of
light rail tracks located in St. Louis
County and the City of St. Louis,
Missouri; and St. Clair County, Illinois,
for the purpose of providing rapid
transit operations within the St. Louis
Metropolitan area. The MetroLink
alignment is a double-track light rail
alignment running at grade, above
grade, below grade, and in tunnels with
two-car consists. Revenue hours are
from 3:45 a.m. to 1:15 a.m. daily.
E:\FR\FM\28FEN1.SGM
28FEN1
]]>Agencies
[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9060-9061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3480]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System or Relief From the
Requirements of Title 49 Code of Federal Regulations Part 236
Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of the signal system or relief from the requirements of
49 CFR Part 236, as detailed below.
[Docket Number FRA-2006-26756]
Applicant: Canadian National Railway, Mr. E. L. Harris, Executive
Vice President, Operations, 10004-104th Avenue, Floor 24, Edmonton,
Alberta T5J 0K2.
Canadian National Railway (CN) seeks relief from the requirements
of the rules, standards, and instructions set out in CFR 236.410, as it
relates to the requirement for an entering signal or electric switch
lock to enter the main track in centralized traffic control territory
at a hand-operated switch. CN believes that the precepts of 49 CFR
236.410 are based on an outdated ideology that concerned itself with
then-new signal technology, a less-than-robust communication network,
and/or rail traffic controller (RTC) system that did not have today's
abilities for checking and blocking regarding block occupancy
movements. CN believes that other jurisdictions have acknowledged the
redundancy of the electric switch lock and provided for their removal
and the reliance on the RTC, who is the authority for track occupancy
on his or her respective territory. CN therefore requests exemption
from the requirements of 49 CFR 236.410 in the territories recently
identified as a traffic control system, which was previously identified
as ABS/Rule 512B. This exemption would involve approximately 80 hand-
operated switches within these areas.
Any interested party desiring to protest the granting of an
application shall set forth specifically the grounds upon which the
protest is made and include a concise statement of the interest of the
party in the proceeding. Additionally, one copy of the protest shall be
furnished to the applicant at the address listed above.
All communications concerning this proceeding should be identified
by Docket Number (FRA 2006-26756) and must be submitted to the Docket
Clerk, DOT Central Docket Management Facility, Room PI-401, 400 7th
Street, SW., Washington, DC 20590-0001. Communications received within
45 days of the date of this notice will be considered by the 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
[[Page 9061]]
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://dms.dot.gov.
FRA wishes to inform all potential commenters that anyone is able
to search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, 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 (Volume
65, Number 70; Pages 19477-78) or you may visit https://dms.dot.gov.
FRA expects to be able to determine these matters without an oral
hearing. However, if a specific request for an oral hearing is
accompanied by a showing that the party is unable to adequately present
his or her position by written statements, an application may be set
for public hearing.
Issued in Washington, DC, on February 23, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E7-3480 Filed 2-27-07; 8:45 am]
BILLING CODE 4910-06-P
