[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65398-65399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26783]
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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 from 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.
Canadian Pacific Railway
[Waiver Petition Docket Number FRA-2010-0024]
The Canadian Pacific Railway (CP) hereby petitions FRA for a
temporary waiver from 49 CFR Part 213, subpart C, to develop and test
pilot an ``unattended'' track geometry measurement system. Over the
course of 6 months, CP intends to test the new system on their
Northeast U.S. main line between Rouses Point and Binghamton, New York,
a distance of approximately 315 miles. The project includes outfitting
and deploying an unattended track geometry measurement system that will
be used in conjunction with other automated systems to monitor overall
track infrastructure condition on a frequency that is not possible
today.
CP asserts that the benefits that are expected to be derived from
this system are as follows:
Increased geometry inspections over what is possible today
(anticipated 400% increase) resulting in improved infrastructure
reliability;
Proactive instead of reactive track maintenance will
result in improved infrastructure condition and therefore a safer
operation;
Scheduled maintenance and repair activities will reduce
unscheduled employee call outs and therefore also reduce fatigue
related risk to employees;
Reduction of track geometry which will cause slow orders;
and
Improved passenger train performance at a reduced level of
risk.
The project is currently in the planning phase. CP indicates that
if FRA agrees, the build, design and test phase of the project could
commence in late 2010. Testing would then occur in early 2011. It is
the testing phase of the project that is the subject of this waiver
application. In order to proceed with this pilot project, CP is seeking
a temporary waiver from 49 CFR part 213, subpart C, such that all
measurements and data produced by the new track geometry vehicle are
deemed ``not valid'' and ``immaterial'' for the purpose of track
geometry verification. The data produced during the 6 month test period
will be used solely for the purposes of mapping and for false positive
rejection development, and CP is requesting regulatory relief for the
initial 6-month period when the new equipment is being evaluated and
tested.
CP further explains that it will adhere to all regulated track
inspection processes while the new track geometry equipment is being
tested. All track defects identified through the normal inspection
processes will be corrected according to current processes and
procedures designed to comply with FRA's track safety standards. The
waiver that is being requested will only apply to information that is
developed through the use of the new geometry technology during the
initial 6 month testing and evaluation phase of the project.
CP further explains that it does not expect that the waiver would
apply to the regular, manned track geometry
[[Page 65399]]
inspection, which CP will continue to perform 3 times annually until
such time as the new technology is proven reliable. Following the 6
month testing and evaluation phase of the project and assuming that the
benefits of the system prove out, CP indicates that it request further
regulatory relief from FRA.
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 (e.g., Waiver Petition Docket Number FRA-
2010-0024) and may be submitted by any of the following methods:
Web site: http://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 within 45 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 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://www.regulations.gov.
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 document (or signing the
document, 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 (65 FR 19477) or at
http://www.dot.gov/privacy.html.
Issued in Washington, DC on October 18, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-26783 Filed 10-21-10; 8:45 am]
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