
[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59755-59756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23576]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-15012]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated June 28, 2013, Canadian National Railway (CN) has petitioned the 
Federal Railroad Administration (FRA) for an extension of its existing 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained at Title 49 Code of Federal Regulations 
(CFR) Part 241--United States Locational Requirements for Dispatching 
of United States Rail Operations. FRA assigned the petition Docket 
Number FRA-2003-15012.
    In its petition, CN requests an extension of its existing waiver of 
compliance, pursuant to 49 CFR 241.7(c), to allow the continuation of 
Canadian dispatching of that part of the Sprague Subdivision located in 
the United States, extending between Baudette and International 
Boundary, MN, 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, ON, Canada, through the St. Clair 
River Tunnel, and Port Huron, MI, 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 
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 remain the same as identified above. With respect to the Sprague 
Subdivision, this is part of a continuous line extending between Rainy 
River, ON, and Navin, MB, 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, MN (Milepost 1.1), and the U.S./Canadian 
border at a point identified as International Boundary, MN (Milepost 
44.9), a distance of 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, AB, Canada. The Strathroy and Flint Subdivisions 
are part of a continuous line extending between London, ON, Canada, and 
Port Huron, MN, 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, ON, 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. The 
Transport Canada Rail Safety Directorate has legislative safety 
jurisdiction over CN, in accordance with the provisions contained in 
Transport Canada's Railway Safety Act, over all federally regulated 
railways operating in Canada.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200

[[Page 59756]]

New Jersey Avenue SE., W12-140, Washington, DC 20590. The Docket 
Operations Facility is open from 9 a.m. to 5 p.m., Monday through 
Friday, except Federal Holidays.
    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 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 by November 12, 2013 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-23576 Filed 9-26-13; 8:45 am]
BILLING CODE 4910-06-P


