Petition for Waiver of Compliance, 61447 [2013-24135]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Page 61447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24135]



[[Page 61447]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0085]


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 June 12, 2013, the Commuter Rail Division of the Regional 
Transportation Authority (Metra) and its operating company, the 
Northeast Illinois Regional Commuter Railroad Corporation, jointly with 
its contract carriers, Union Pacific Railroad (UP) and BNSF Railway 
(BNSF), have 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, Rules, Standards, and 
Instructions Governing the Installation, Inspection, Maintenance, and 
Repair of Signal and Train Control Systems, Devices, and Appliances. 
FRA assigned the petition Docket Number FRA-2013-0085.
    Metra seeks a waiver from the requirements of 49 CFR 236.566, 
Locomotive of each train operating in train stop, train control, or cab 
signal territory; equipped. Specifically, Metra requests that the 
application of Sec.  236.566 allow trains with failures of automatic 
train stop (ATS), automatic train control (ATC), or automatic cab 
signal (ACS) on passenger equipment at outlying facilities to proceed 
into ATS-, ATC-, or ACS-equipped territory and operate to their 
respective designated repair points under the same provisions allowed 
for in Sec.  236.567, Restrictions imposed when device fails and/or is 
cut out en route. This will require Sec.  236.829, Terminal, initial, 
to be defined in a manner that allows the initial terminal to be the 
designated ``repair point'' as defined in Sec.  238.5, Definitions: ``A 
location designated by a railroad where repairs of the type necessary 
occur on a regular basis. A repair point has, or should have, the 
facilities, tools, and personnel qualified to make the necessary 
repairs. A repair point need not be staffed continuously.''
    This waiver petition applies to five Metra lines where ATS, ATC, or 
ACS is in effect. Those lines are Metra's Rock Island Line (ACS), UP's 
North and Northwest Lines (ATS), UP's West Line (ATC), and BNSF's 
Aurora Line (ACS). The Metra lines described in this waiver petition 
operate across three Metra districts. Each of these districts has a 
single, designated repair point, located near a downtown terminal 
(LaSalle Street, Ogilvie Transportation Center, and Chicago Union 
Station). The outlying facilities (Joliet, Blue Island, Elburn, 
Harvard, McHenry, Crystal Lake, Barrington, Waukegan, Kenosha, and 
Aurora) are currently used for overnight storage in preparation of 
morning service. These outlying facilities are intended for minimal 
maintenance and are not designed to handle major repairs. As a result, 
any failures of train stop, train control, or cab signal must be 
corrected at the designated repair points, not the outlying facilities. 
Typically, when failures occur, the equipment must be moved in 
nonrevenue service to the designated repair point in order to be 
repaired. However, this only applies to those repairs that cannot be 
readily performed at outlying facilities. When possible, minor repairs 
are made at outlying facilities and this will continue to remain true 
if the waiver is granted.
    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 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 November 18, 2013 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See https://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-24135 Filed 10-2-13; 8:45 am]
BILLING CODE 4910-06-P