[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Notices]
[Pages 36624-36625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15391]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petitions for Waivers of Compliance
In accordance with Title 49 Code of Federal Regulations (CFR)
section 211.41, and 49 U.S.C. 20103, this notice is hereby given that
the Federal Railroad Administration (FRA) has received a request for a
waiver of compliance from certain requirements of its safety
regulations. The individual petition is described below, including the
party seeking relief, the regulatory provisions involved, the nature of
the relief being sought, and the petitioner's argument in favor of
relief.
Canadian Pacific Railway; FRA Waiver Petition No. FRA-2003-15010
Canadian Pacific Railway (CP) located in Montreal, Canada, seeks a
permanent waiver of compliance from 49 CFR 241.7(c), United States
Locational Requirements for Dispatching of United States Rail
Operations to allow the continuation of Canadian dispatching of that
part of the Windsor Subdivision located in the United States, extending
between Windsor, Ontario, Canada, and Detroit, Michigan, approximately
1.8 miles, as defined in appendix A to part 241. This request
formalizes the request for waiver requirement contained in part 241,
specifically Sec. 241.7(c)(3), which refers to territory that 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. All trains operated into the
United States are of very short distances to an interchange point with
a U.S. railroad and are always under the control of a single crew. All
dispatching is conducted in English. All units of measure are the same
as those used in the U.S. Because of the very short distances, all
train operations in the U.S. are under the control of a single
dispatching desk, located in CP's Network Management Center in
Montreal, Quebec, Canada. CP operates approximately 6 to 8 trains a day
over this segment. The trackage is operated under a Centralized Traffic
Control system and consists of two main tracks for the entire 1.8 mile
distance. Movements are governed by the Canadian Rail Operating Rules
(CROR) and CP's Timetable and Special Instructions. CP's train
dispatchers are covered under their company drug and
[[Page 36625]]
alcohol policies and their dispatching office is under 24-hour
security. Transport Canada Rail Safety Directorate has the legislative
safety jurisdiction over CP in accordance with the provisions contained
in the Railway Safety Act over all federally regulated railways
operating in Canada.
Based on the foregoing, CP seeks a permanent waiver of compliance
from 49 CFR 241.7(c), United States Locational Requirements for
Dispatching of United States Rail Operations, to allow the continuation
of Canadian dispatching on that part of the Windsor Subdivision located
in the United States, between Windsor, Ontario, Canada, and Detroit,
Michigan, approximately 1.8 miles.
Interested parties are invited to participate in this proceeding by
submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with the request for a waiver
of certain regulatory provisions. If any interested party desires an
opportunity for oral comment, he or she should notify FRA, in writing,
before the end of the comment period and specify the basis for his or
her request. All communications concerning these proceedings should
identify the appropriate docket number (Docket Number FRA 2003-15010)
and must be submitted to the DOT Docket Management Facility, Room PL-
401 (Plaza level) 400 Seventh Street, SW., Washington, DC 20590. All
documents in the public docket, including CP's detailed waiver request,
are also available for inspection and copying on the Internet at the
docket facility's Web site at http://dms.dot.gov. Communications
received within 30 days of the date of this notice will be considered
by FRA before final action is taken. Comments received after that date
will be considered as far as practicable. All written communications
concerning this proceeding are available for examination during regular
business hours (9 a.m.-5 p.m.) at the above facility.
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.
Issued in Washington, DC, on June 11, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 03-15391 Filed 6-17-03; 8:45 am]
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