[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Notices]
[Pages 36623-36624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15394]
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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 National Railway; FRA Waiver Petition No. FRA-2003-15012
Canadian National Railway (CN) 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 Sprague Subdivision located in the United States, extending
between Baudette, Minnesota, and International Boundary, Minnesota,
approximately 43.8 miles and on those parts of the Strathroy and Flint
Subdivisions located in the United States, forming a continuous line
between Sarnia, Ontario, Canada, through the St. Clair River Tunnel,
and Port Huron, Michigan, approximately 3.1 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
[[Page 36624]]
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 segments identified in the Interim Final
Rule remains the same as identified above. With respect to the Sprague
Subdivision, this is part of a continuous line extending between Rainy
River, Ontario, and Navin, Manitoba, Canada, a distance of 145.2 miles,
a portion of which cuts across a corner of the State of Minnesota, from
the U.S./Canadian border near Baudette, Minnesota (milepost 1.1), and
the U.S./Canadian border at a point identified as International
Boundary, Minnesota, milepost 44.9, a distance of approximately 43.8
miles. Approximately 15 trains per day are operated over this segment.
Each train that traverses this territory is operated by the same crew.
The entire Sprague Subdivision is single track and is operated under a
Centralized Traffic Control system, controlled from a single
dispatching desk at CN's Rail Traffic Control Center in Edmonton,
Alberta, Canada. With respect to the Strathroy and Flint Subdivisions,
this is part of a continuous line extending between London, Ontario,
Canada, and Port Huron, Michigan, a distance of 61.7 miles, a 3.1 mile
portion of which is located in the United States. Approximately 26
trains per day are operated over this segment. Each train that
traverses this territory is operated by the same crew. This segment
consists of a single track for approximately 1.1 miles, and two main
tracks for the remaining 2.0 miles, and is operated under a Centralized
Traffic Control system, controlled from a single dispatching desk at
CN's Rail Traffic Control Center in Toronto, Ontario, Canada.
Dispatching of all trackage of the Sprague Subdivision and the
Strathroy and Flint Subdivisions is an entirely English operation and
fully dispatched in English. Canadian Rail Operating Rules (CROR) and
CN's Timetable and Special Instructions govern train operations on this
trackage. CN uses English (or Imperial) units for all aspects of
railroad operations, including distance, speed, and location. The CN
dispatchers are covered under their company drug and alcohol policies
and their dispatching office is under 24-hour security. Transport
Canada Rail Safety Directorate has the legislative safety jurisdiction
over CN in accordance with the provisions contained in the Railway
Safety Act over all federally regulated railways operating in Canada.
Based on the foregoing, CN 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 Sprague Subdivision located
in the United States and on those parts of the Strathroy and Flint
Subdivisions located in the United States, as described above.
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 2003-15012)
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 CN'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. 03-15394 Filed 6-17-03; 8:45 am]
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