Petition for Waiver of Compliance, 3459 [2014-00950]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Page 3459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00950]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-15011]


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 September 17, 2013, the Eastern Maine Railway (EMRY) has 
petitioned the Federal Railroad Administration (FRA) for an extension 
of its waiver of compliance from certain provisions of 49 CFR part 241, 
United States Locational Requirements for Dispatching of United States 
Rail Operations. FRA assigned the petition Docket Number FRA-2003-
15011.
    In its petition, EMRY requests an extension of its existing waiver 
of compliance, pursuant to 49 CFR 241.7(c), to allow the continuation 
of Canadian dispatching of that part of the Mattawamkeag Subdivision 
located in the United States, extending between Vanceboro and 
Brownville Junction, Maine, approximately 99 miles, as defined in 
Appendix A to part 241. This request was submitted in accordance with 
49 CFR 241.7(c)(3), which permits waiver of the requirements found in 
part 241, specifically that all dispatching of U.S. rail operations be 
conducted in the U.S. This territory was previously grandfathered in 
the exceptions to extraterritorial dispatching contained in FRA's 
interim final rule (see 66 FR 63942, December 11, 2001).
    In this regard, the track segment identified in the interim final 
rule remains the same as identified above. This segment consists of a 
single main track dispatched from a single desk at EMRY's rail traffic 
control office in St. John, New Brunswick, Canada, under Canadian Rail 
Operating Rules and EMRY's Timetable and Special Instructions. The 
trackage is nonsignaled and operated under occupancy control system 
rules. All dispatching is conducted in English. All units of measure 
are the same as those used in the U.S. EMRY operates approximately two 
trains a day over this segment.
    The train dispatchers who perform the dispatching function for EMRY 
are employed by the New Brunswick Southern Railway (NBSR) and are 
therefore covered under their company drug and alcohol policies, and 
their dispatching office is under 24-hour security. The Department of 
Transportation of the Province of New Brunswick, Canada, is the 
regulatory authority that exercises safety jurisdiction over NBSR.
    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 March 7, 2014 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.). 
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,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-00950 Filed 1-17-14; 8:45 am]
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