
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]               
[Page 49551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au10-129]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    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-1998-4821

Applicant: Mr. Timothy R. Luhm, Canadian National, Manager S&C, 17641 
South Ashland Avenue, Homewood, Illinois 60430.

    The Canadian National (CN) seeks an extension for an additional 5 
years of a waiver on the former Duluth, Missabe and Iron Range Railway 
Company (DMIR) that permits the railroad to utilize wheel counters to 
detect trains over the spans of their steel deck bridges. This waiver 
was granted by FRA on January 29, 2001, was renewed on April 25, 2006, 
and will currently expire on April 25, 2011. In addition to the 
extension, CN requests that the allowable maximum authorized speed over 
the subject bridges be increased from 25 miles per hour (mph) to 40 
mph.
    The Applicant's justification for the request is that during the 
past 10 years in which the wheel counters have been in service on the 
DMIR, no incidents have occurred at the location of the wheel counter 
devices. Any failures in the wheel counter devices have been failsafe, 
resulting in train operations at restricted speed. During the past 10 
years, no broken rails occurred on the bridges where such systems are 
installed. As for the increase in maximum authorized speed from 25 to 
40 mph, CN states that train handling will be improved and safety 
enhanced due to less frequent speed transitions. In addition, steel-
deck bridges on the DMIR in signaled territory that have traditional 
signal system trap circuits are not restricted in maximum authorized 
speed.
    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.
    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.
    All communications concerning this proceeding should be identified 
by Docket Number FRA-1998-4821 and may be submitted by one of the 
following methods:
     Web site: http://www.regulations.gov Follow the 
instructions for submitting comments on the DOT electronic site;
     Fax: 202-493-2251;
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590; or
     Hand Delivery: Room W12-140 of the U.S. Department of 
Transportation West Building Ground Floor, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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 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.
    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 (65 FR 
19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 9, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-19998 Filed 8-12-10; 8:45 am]
BILLING CODE 4910-06-P

