Petition for Waiver of Compliance, 26356-26358 [2012-10703]
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26356
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
Ms.
Ruth Rentch, Office of Project
Development and Environmental
Review, (202) 366–2034,
Ruth.Rentch@dot.gov, or Mr. Michael
Harkins, Office of the Chief Counsel,
(202) 366–4928,
Michael.Harkins@dot.gov, Federal
Highway Administration, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Office hours are from 8:00 a.m. to 4:30
p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
a Federal Register Notice published on
February 22, 2012, at 77 FR 10599. The
FHWA received one comment from
Caltrans. This notice provides the final
draft of the sixth FHWA audit report for
Caltrans under the pilot program.
Electronic Access
This document, the notice and request
for comment, and all comments
received may be viewed online through
the Federal eRulemaking portal at:
https://www.regulations.gov. Electronic
submission and retrieval help and
guidelines are available on the Web site.
It is available 24 hours each day, 366
days this year. Please follow the
instructions. An electronic copy of this
notice may be downloaded from the
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Government Printing Office’s Web site
at https://www.access.gpo.gov.
DEPARTMENT OF TRANSPORTATION
wreier-aviles on DSK7SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Background
Section 6005 of SAFETEA–LU
(codified at 23 U.S.C. 327) established a
pilot program to allow up to five States
to assume the Secretary of
Transportation’s responsibilities for
environmental review, consultation, or
other actions under any Federal
environmental law pertaining to the
review or approval of highway projects.
In order to be selected for the pilot
program, a State must submit an
application to the Secretary.
On June 29, 2007, Caltrans and FHWA
entered into a Memorandum of
Understanding (MOU) that established
the assignments to and assumptions of
responsibility to Caltrans. Under the
MOU, Caltrans assumed the majority of
FHWA’s responsibilities under the
National Environmental Policy Act, as
well as the FHWA’s responsibilities
under other Federal environmental laws
for most highway projects in California.
To ensure compliance by each State
participating in the Pilot Program, 23
U.S.C. 327(g) requires the Secretary to
conduct semiannual audits during each
of the first 2 years of State participation;
and annual audits during each
subsequent year of State participation.
The results of each audit must be
presented in the form of an audit report
and be made available for public
comment. The FHWA solicited
comments on the sixth audit report in
VerDate Mar<15>2010
15:32 May 02, 2012
Jkt 226001
Authority: Section 6005 of Pub. L. 109–59;
23 U.S.C. 315 and 327; 49 CFR 1.48.
Issued on: April 26, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2012–10616 Filed 5–2–12; 8:45 am]
BILLING CODE 4910–22–P
Federal Railroad Administration
[Docket Number FRA–2010–0060]
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated March
12, 2012, the Norfolk Southern Railway
(NS) has petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations.
FRA assigned the petition to Docket
Number FRA–2010–0060.
Pursuant to the requirements of 49
CFR Section 236.1035 (Field testing
requirements), NS has submitted the
Interoperable Electronic Train
Management System (I–ETMS) Positive
Train Control (PTC) test waiver request,
Version 1.1, dated March 12, 2012,
along with associated required
documents for request of relief from
select parts of Subparts A–G. In
conjunction with those requests, per 49
CFR Section 236.1035, the NS test
waiver includes requests for relief from
regulations other than those contained
in Subparts A–G.
I–ETMS is a vital overlay system as
defined in 49 CFR Part 236, Subpart I,
Section 236.1015(e)(2) and fully
described in the NS I–ETMS PTC
Development Plan (FRA–2010–0060–
0002) found in Appendix A, and for
which FRA Type Approval FRA–TA–
2011–02 was issued on August 26, 2011.
The I–ETMS system is designed to
support different railroads and their
individual methods of operation and is
intended to be implementable across a
broad spectrum of railroads without
significant modification. This design
approach supports interoperability
across railroads as I–ETMS-equipped
locomotives apply consistent warning
and enforcement functionality
regardless of trackage ownership.
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Sfmt 4703
NS seeks a waiver of compliance from
certain sections of 49 CFR, including
Parts 216, Special Notice and
Emergency Order Procedures: Railroad
Track, Locomotive and Equipment; 217,
Railroad Operating Rules; 218, Railroad
Operating Practices; 229, Railroad
Locomotive Safety Standards; 233,
Signal Systems Reporting Requirements;
235, Instructions Governing
Applications for Approval of a
Discontinuance or Material
Modification of a Signal System or
Relief from the Requirements of Part
236; and 240, Qualification and
Certification of Locomotive Engineers.
NS also seeks a waiver of compliance
from 49 CFR Section 211.51 (Tests) to
allow them to test I–ETMS, on
nonrevenue trains, on the Charleston
District from Charleston, SC, milepost
(MP) SC 7.0, to Andrews Yard,
Columbia, SC, MP SC 128.9; and on the
Columbia District from Andrews Yard,
Columbia, SC, MP R 108.5, to Charolette
Junction, MP R0.0.
The following are the waiver requests
and their justifications:
Section 216.13, Special Notice for
Repairs—Locomotive
Waiver is requested for I–ETMSequipped locomotives to the extent that
non-operation of I–ETMS equipment
installed on board, whether through
malfunction or deactivation, shall not be
construed as an unsafe condition
requiring special notice for repairs.
Waiver is also sought for non-I–ETMSequipped locomotives operating in I–
ETMS territory to the extent that the
absence of I–ETMS equipment on board
shall not be construed as an unsafe
condition requiring special notice for
repairs.
Justification: With or without I–ETMS
equipment operating on board the
controlling locomotive, a train remains
subject to existing operating rules. I–
ETMS tests require flexibility in
installing, removing, turning on, and
turning off the equipment.
Section 217.9, Program of Operational
Tests and Inspections; Recordkeeping
Waiver is requested, exempting
operation of I–ETMS equipment and
procedures from the requirements for
operational tests and inspections, and
associated recordkeeping.
Justification: During the I–ETMS test
phase, procedures for using I–ETMS
equipment and functions will be refined
and modified. Until such procedures are
defined in the PTC Safety Plan (PTCSP),
or associated documentation, they
cannot be addressed in NS operating
rules. I–ETMS is expected to have
minimal impact on existing operating
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
rules due to its nature of overlay to
existing methods of operation.
Section 217.11, Program of Instruction
on Operating Rules; Recordkeeping;
Electronic Recordkeeping
Waiver is requested, exempting I–
ETMS testing and its equipment and
procedures from the requirements for
instruction and recordkeeping.
Justification: During the I–ETMS test
phase, procedures for using I–ETMS
equipment and functions will be refined
and modified. Until such procedures are
defined in the PTCSP, or associated
documentation, they cannot be
addressed in NS operating rules. I–
ETMS is expected to have minimal
impact on existing operating rules due
to its nature of overlay to existing
methods of operation.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
Part 218, Subpart D, Prohibition
Against Tampering With Safety Devices
Waiver is requested, exempting
onboard I–ETMS equipment from the
requirements of Sections 218.51, 218.53,
218.55, 218.57, 218.59, and 218.61 to
the extent that I–ETMS equipment on
board a locomotive shall not be
considered a ‘‘safety device’’ subject to
the provisions of this subpart at any
time during the test and demonstration
phase.
Justification: I–ETMS tests and
demonstrations require flexibility in
installing, removing, turning on, and
turning off the onboard equipment. NS
also needs the flexibility to permanently
disable or remove I–ETMS equipment in
the event that a revenue service system
is not implemented.
Section 229.7, Prohibited Acts
Waiver is requested such for both I–
ETMS equipped and non-I–ETMS
equipped locomotives operating in the
I–ETMS test territory during the test
period.
Justification: Non-operation of I–
ETMS equipment installed on board a
locomotive, whether through
malfunction or deactivation, shall not be
construed as an unsafe condition subject
to this section. Additionally, in the
absence of I–ETMS equipment onboard,
non-I–ETMS-equipped locomotives
operating in I–ETMS territory shall not
be construed as an unsafe condition
subject to this regulation. The I–ETMS
test program requires flexibility in
installing, removing, turning on, and
turning off the onboard equipment. NS
also requires the flexibility to
permanently disable or remove I–ETMS
equipment in the event that a
production system is not implemented.
The train remains subject to the safety
provisions of the existing method of
VerDate Mar<15>2010
15:32 May 02, 2012
Jkt 226001
26357
operation whether or not I–ETMS
equipment on board a locomotive is
functioning.
Section 240.129, Criteria for Monitoring
Operational Performance of Certified
Engineers
Section 229.135, Event Recorders
Waiver is requested, exempting I–
ETMS from the performance monitoring
procedures during the I–ETMS test
phase.
Justification: Criteria and procedures
for I–ETMS monitoring the performance
of engineers using I–ETMS do not yet
exist; they will be identified and
defined during the I–ETMS test phase
and included in the PTCSP.
In addition, NS is requesting a waiver
of compliance from certain portions of
49 CFR Part 236, Rules, Standards, and
Instructions Governing the Installation,
Inspection, Maintenance, and Repair of
Signal and Train Control Systems,
Devices, and Appliances; for
information only and of which FRA is
not receiving comments. Those sections
are:
• 236.11, Adjustment, repair, or
replacement of component.
• 236.15, Timetable instructions.
• 236.23, Aspects and indications.
• 236.76, Tagging of wires and
interference of wires or tags with signal
apparatus.
• 236.101, Purpose of inspection and
tests; removal from service of relay or
device failing to meet test requirements.
• 236.109, Time releases, timing
relays and timing devices.
• 236.110, Results of tests.
• 236.501, Forestalling device and
speed control.
• 236.552, Insulation resistance;
requirement.
• 236.566, Locomotive of each train
operating in train stop, train control or
cab signal territory; equipped.
• 236.567, Restrictions imposed when
device fails and/or is cut out en route.
• 236.586, Daily or after trip test.
• 236.587, Departure test.
• 236.588, Periodic test.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
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
Waiver is requested to the extent that
I–ETMS equipment on board a
locomotive shall not be considered an
‘‘event recorder’’ subject to the
provisions of this section during the test
phase.
Justification: I–ETMS equipment by
design will operate intermittently
during the test phase. The data
accumulated by the onboard I–ETMS
equipment will be used to develop and
refine I–ETMS functions. Such data can
be expected to contain anomalies that
do not reflect true operating conditions
but, by analysis, will contribute to
achieving necessary objectives in the I–
ETMS design.
Section 233.9, Reports
Waiver is requested, exempting I–
ETMS operations in the test phase from
the reporting requirements of this
section.
Justification: NS recognizes that a
revenue service I–ETMS system is
subject to the provisions of this section;
however, imposition of these
requirements during the test and
demonstration phase would be an
unnecessary paperwork burden. PTC
testing should not affect the final
inventory of the NS signal system,
which will be included in the signal
system 5-year report.
Section 235.5, Changes Requiring Filing
of Application
Waiver is requested, exempting I–
ETMS from the requirements of this
section during the test phase.
Justification: I–ETMS tests require
flexibility in installing, removing,
modifying, turning on, and turning off
the I–ETMS equipment. NS also
requires the flexibility to permanently
disable or remove I–EMS equipment in
the event that a revenue service system
is not implemented.
Section 240.127, Criteria for Examining
Skill Performance
Waiver is requested exempting I–
ETMS from the testing requirements for
qualification and certification of
locomotive engineers during the test
phase.
Justification: Criteria and procedures
for engineer performance evaluation, as
related to I–ETMS, do not yet exist; they
will be identified and defined during
the I–ETMS test phase and included in
the PTCSP.
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03MYN1
26358
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
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 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.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by June 18,
2012 will be considered by FRA before
final action is taken. Comments received
after that date will be considered as far
as practicable.
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
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
online at https://www.dot.gov/
privacy.html.
Issued in Washington, DC, on April 26,
2012.
Ron Hynes,
Acting Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2012–10703 Filed 5–2–12; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0028]
wreier-aviles on DSK7SPTVN1PROD with NOTICES
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated
February 16, 2012, CSX Transportation,
Inc. (CSX) has petitioned the Federal
Railroad Administration (FRA) for a
waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
236. FRA assigned the petition to
Docket Number FRA–2010–0028.
VerDate Mar<15>2010
15:32 May 02, 2012
Jkt 226001
Pursuant to the requirements of 49
CFR Section 236.1035, Field testing
requirements, CSX has submitted the
Interoperable Electronic Train
Management System® (I–ETMS)
Positive Train Control (PTC) Test
Waiver Request, Version 1.0, dated
February 16, 2012, along with
associated required documents for
request of relief from select parts of
Subparts A–G. In conjunction with
those requests, CSX test waiver includes
requests for relief from regulations other
than that contained in Subparts A–G.
I–ETMS is a vital overlay system as
defined in 49 CFR part 236, subpart I,
Section 236.1015(e)(2) and fully
described in the CSX I–ETMS PTC
Development Plan found in Appendix
A, and for which FRA Type Approval,
FRA–TA–2011–02, was issued on
August 26, 2011.
The I–ETMS system is designed to
support different railroads and their
individual methods of operation, and is
intended to be implementable across a
broad spectrum of railroads without
significant modification. This design
approach supports interoperability
across railroads, as I–ETMS equipped
locomotives apply consistent warning
and enforcement functionality
regardless of trackage ownership.
CSX seeks a waiver of compliance
from certain parts of 49 CFR (Parts 216,
Special Notice and Emergency Order
Procedures: Railroad Track, Locomotive
and Equipment; Part 217, Railroad
Operating Rules; Part 218, Railroad
Operating Practices; Part 229, Railroad
Locomotive Safety Standards; Part 233,
Signal Systems Reporting Requirements;
Part 235, Instructions Governing
Applications for Approval of a
Discontinuance or Material
Modification of a Signal System or
Relief from the Requirements of Part
236; and Part 240, Qualification and
Certification of Locomotive Engineers),
under Section 211.51 (Tests), to allow
them to test I–ETMS on nonrevenue
trains on the Aberdeen Subdivision
(between Raleigh and Hamlet, NC) from
Southern Junction (Milepost (MP) South
156.8) to Marston (MP South 241.6), and
on the Wilmington Subdivision
(between Hamlet and Wilmington, NC)
from NE East Junction (MP Southeast
254.1) to end of main track (MP
Southeast 354.0).
The following sections include the
waiver request and justification:
• Section 216.13, Special notice for
repairs—locomotive. A waiver is
requested for I–ETMS-equipped
locomotives to the extent that nonoperation of I–ETMS equipment
installed on board, whether through
malfunction or deactivation, shall not be
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
construed as an unsafe condition
requiring special notice for repairs. A
waiver is also sought for non-I–ETMSequipped locomotives operating in I–
ETMS territory to the extent that the
absence of I–ETMS equipment on board
shall not be construed as an unsafe
condition requiring special notice for
repairs.
Justification: With or without I–ETMS
equipment operating on board the
controlling locomotive, a train remains
subject to existing operating rules. I–
ETMS tests require flexibility in
installing, removing, turning on, and
turning off the equipment.
• Section 217.9, Program of
operational tests and inspections—
recordkeeping. A waiver is requested
exempting operation of I–ETMS
equipment and procedures from the
requirements for operational tests and
inspections, and associated
recordkeeping.
Justification: During the I–ETMS test
phase, procedures for using I–ETMS
equipment and functions will be refined
and modified. Until such procedures are
defined in the PTC Safety Plan (PTCSP)
and associated documentation, they
cannot be addressed in CSX Operating
Rules. I–ETMS is expected to have
minimal impact on existing operating
rules due to its nature of overlay to
existing methods of operation.
• Section 217.11, Program of
instruction on operating rules;
recordkeeping; electronic
recordkeeping. A waiver is requested
exempting I–ETMS testing and its
equipment and procedures from the
requirements for instruction and
recordkeeping.
Justification: During the I–ETMS test
phase, procedures for using I–ETMS
equipment and functions will be refined
and modified. Until such procedures are
defined in the PTCSP and associated
documentation, they cannot be
addressed in CSX Operating Rules. I–
ETMS is expected to have minimal
impact on existing operating rules due
to its nature of overlay to existing
methods of operation.
• Part 218, Subpart D—Prohibition
Against Tampering With Safety Devices.
A waiver is requested exempting
onboard I–ETMS equipment from the
requirements of Sections 218.51, 218.53,
218.55, 218.57, 218.59, and 218.61 to
the extent that I–ETMS equipment on
board a locomotive shall not be
considered a ‘‘safety device’’ subject to
the provisions of this subpart at any
time during the test and demonstration
phase.
Justification: I–ETMS tests and
demonstrations require flexibility in
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26356-26358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10703]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0060]
Petition for Waiver of Compliance
In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated March 12, 2012, the Norfolk Southern Railway (NS) has petitioned
the Federal Railroad Administration (FRA) for a waiver of compliance
from certain provisions of the Federal railroad safety regulations. FRA
assigned the petition to Docket Number FRA-2010-0060.
Pursuant to the requirements of 49 CFR Section 236.1035 (Field
testing requirements), NS has submitted the Interoperable Electronic
Train Management System (I-ETMS) Positive Train Control (PTC) test
waiver request, Version 1.1, dated March 12, 2012, along with
associated required documents for request of relief from select parts
of Subparts A-G. In conjunction with those requests, per 49 CFR Section
236.1035, the NS test waiver includes requests for relief from
regulations other than those contained in Subparts A-G.
I-ETMS is a vital overlay system as defined in 49 CFR Part 236,
Subpart I, Section 236.1015(e)(2) and fully described in the NS I-ETMS
PTC Development Plan (FRA-2010-0060-0002) found in Appendix A, and for
which FRA Type Approval FRA-TA-2011-02 was issued on August 26, 2011.
The I-ETMS system is designed to support different railroads and
their individual methods of operation and is intended to be
implementable across a broad spectrum of railroads without significant
modification. This design approach supports interoperability across
railroads as I-ETMS-equipped locomotives apply consistent warning and
enforcement functionality regardless of trackage ownership.
NS seeks a waiver of compliance from certain sections of 49 CFR,
including Parts 216, Special Notice and Emergency Order Procedures:
Railroad Track, Locomotive and Equipment; 217, Railroad Operating
Rules; 218, Railroad Operating Practices; 229, Railroad Locomotive
Safety Standards; 233, Signal Systems Reporting Requirements; 235,
Instructions Governing Applications for Approval of a Discontinuance or
Material Modification of a Signal System or Relief from the
Requirements of Part 236; and 240, Qualification and Certification of
Locomotive Engineers. NS also seeks a waiver of compliance from 49 CFR
Section 211.51 (Tests) to allow them to test I-ETMS, on nonrevenue
trains, on the Charleston District from Charleston, SC, milepost (MP)
SC 7.0, to Andrews Yard, Columbia, SC, MP SC 128.9; and on the Columbia
District from Andrews Yard, Columbia, SC, MP R 108.5, to Charolette
Junction, MP R0.0.
The following are the waiver requests and their justifications:
Section 216.13, Special Notice for Repairs--Locomotive
Waiver is requested for I-ETMS-equipped locomotives to the extent
that non-operation of I-ETMS equipment installed on board, whether
through malfunction or deactivation, shall not be construed as an
unsafe condition requiring special notice for repairs. Waiver is also
sought for non-I-ETMS-equipped locomotives operating in I-ETMS
territory to the extent that the absence of I-ETMS equipment on board
shall not be construed as an unsafe condition requiring special notice
for repairs.
Justification: With or without I-ETMS equipment operating on board
the controlling locomotive, a train remains subject to existing
operating rules. I-ETMS tests require flexibility in installing,
removing, turning on, and turning off the equipment.
Section 217.9, Program of Operational Tests and Inspections;
Recordkeeping
Waiver is requested, exempting operation of I-ETMS equipment and
procedures from the requirements for operational tests and inspections,
and associated recordkeeping.
Justification: During the I-ETMS test phase, procedures for using
I-ETMS equipment and functions will be refined and modified. Until such
procedures are defined in the PTC Safety Plan (PTCSP), or associated
documentation, they cannot be addressed in NS operating rules. I-ETMS
is expected to have minimal impact on existing operating
[[Page 26357]]
rules due to its nature of overlay to existing methods of operation.
Section 217.11, Program of Instruction on Operating Rules;
Recordkeeping; Electronic Recordkeeping
Waiver is requested, exempting I-ETMS testing and its equipment and
procedures from the requirements for instruction and recordkeeping.
Justification: During the I-ETMS test phase, procedures for using
I-ETMS equipment and functions will be refined and modified. Until such
procedures are defined in the PTCSP, or associated documentation, they
cannot be addressed in NS operating rules. I-ETMS is expected to have
minimal impact on existing operating rules due to its nature of overlay
to existing methods of operation.
Part 218, Subpart D, Prohibition Against Tampering With Safety Devices
Waiver is requested, exempting onboard I-ETMS equipment from the
requirements of Sections 218.51, 218.53, 218.55, 218.57, 218.59, and
218.61 to the extent that I-ETMS equipment on board a locomotive shall
not be considered a ``safety device'' subject to the provisions of this
subpart at any time during the test and demonstration phase.
Justification: I-ETMS tests and demonstrations require flexibility
in installing, removing, turning on, and turning off the onboard
equipment. NS also needs the flexibility to permanently disable or
remove I-ETMS equipment in the event that a revenue service system is
not implemented.
Section 229.7, Prohibited Acts
Waiver is requested such for both I-ETMS equipped and non-I-ETMS
equipped locomotives operating in the I-ETMS test territory during the
test period.
Justification: Non-operation of I-ETMS equipment installed on board
a locomotive, whether through malfunction or deactivation, shall not be
construed as an unsafe condition subject to this section. Additionally,
in the absence of I-ETMS equipment onboard, non-I-ETMS-equipped
locomotives operating in I-ETMS territory shall not be construed as an
unsafe condition subject to this regulation. The I-ETMS test program
requires flexibility in installing, removing, turning on, and turning
off the onboard equipment. NS also requires the flexibility to
permanently disable or remove I-ETMS equipment in the event that a
production system is not implemented. The train remains subject to the
safety provisions of the existing method of operation whether or not I-
ETMS equipment on board a locomotive is functioning.
Section 229.135, Event Recorders
Waiver is requested to the extent that I-ETMS equipment on board a
locomotive shall not be considered an ``event recorder'' subject to the
provisions of this section during the test phase.
Justification: I-ETMS equipment by design will operate
intermittently during the test phase. The data accumulated by the
onboard I-ETMS equipment will be used to develop and refine I-ETMS
functions. Such data can be expected to contain anomalies that do not
reflect true operating conditions but, by analysis, will contribute to
achieving necessary objectives in the I-ETMS design.
Section 233.9, Reports
Waiver is requested, exempting I-ETMS operations in the test phase
from the reporting requirements of this section.
Justification: NS recognizes that a revenue service I-ETMS system
is subject to the provisions of this section; however, imposition of
these requirements during the test and demonstration phase would be an
unnecessary paperwork burden. PTC testing should not affect the final
inventory of the NS signal system, which will be included in the signal
system 5-year report.
Section 235.5, Changes Requiring Filing of Application
Waiver is requested, exempting I-ETMS from the requirements of this
section during the test phase.
Justification: I-ETMS tests require flexibility in installing,
removing, modifying, turning on, and turning off the I-ETMS equipment.
NS also requires the flexibility to permanently disable or remove I-EMS
equipment in the event that a revenue service system is not
implemented.
Section 240.127, Criteria for Examining Skill Performance
Waiver is requested exempting I-ETMS from the testing requirements
for qualification and certification of locomotive engineers during the
test phase.
Justification: Criteria and procedures for engineer performance
evaluation, as related to I-ETMS, do not yet exist; they will be
identified and defined during the I-ETMS test phase and included in the
PTCSP.
Section 240.129, Criteria for Monitoring Operational Performance of
Certified Engineers
Waiver is requested, exempting I-ETMS from the performance
monitoring procedures during the I-ETMS test phase.
Justification: Criteria and procedures for I-ETMS monitoring the
performance of engineers using I-ETMS do not yet exist; they will be
identified and defined during the I-ETMS test phase and included in the
PTCSP.
In addition, NS is requesting a waiver of compliance from certain
portions of 49 CFR Part 236, Rules, Standards, and Instructions
Governing the Installation, Inspection, Maintenance, and Repair of
Signal and Train Control Systems, Devices, and Appliances; for
information only and of which FRA is not receiving comments. Those
sections are:
236.11, Adjustment, repair, or replacement of component.
236.15, Timetable instructions.
236.23, Aspects and indications.
236.76, Tagging of wires and interference of wires or tags
with signal apparatus.
236.101, Purpose of inspection and tests; removal from
service of relay or device failing to meet test requirements.
236.109, Time releases, timing relays and timing devices.
236.110, Results of tests.
236.501, Forestalling device and speed control.
236.552, Insulation resistance; requirement.
236.566, Locomotive of each train operating in train stop,
train control or cab signal territory; equipped.
236.567, Restrictions imposed when device fails and/or is
cut out en route.
236.586, Daily or after trip test.
236.587, Departure test.
236.588, Periodic test.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
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
[[Page 26358]]
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 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. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by June 18, 2012 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
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 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 online at https://www.dot.gov/privacy.html.
Issued in Washington, DC, on April 26, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-10703 Filed 5-2-12; 8:45 am]
BILLING CODE 4910-06-P
