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 

http://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 http:// 

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 

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 http:// 

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 

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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 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 http:// 

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 http://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. 

[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 

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 http:// 

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 http://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. E7–3450 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. 


sroberts on PROD1PC70 with NOTICES