
[Federal Register: June 4, 2008 (Volume 73, Number 108)]
[Notices]               
[Page 31913-31914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn08-119]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Notice of Application for Approval of Discontinuance or 
Modification of a Railroad Signal System or Relief From the 
Requirements of Title 49 Code of Federal Regulations Part 236

    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-2008-0056

    Applicant: Utah Transit Authority, Ms. Jennifer Rigby, General 
Counsel, 3600 South 700 West, P.O. Box 30810, Salt Lake City, Utah 
84130.
    The Utah Transit Authority (UTA) seeks relief from the requirements 
of the Rules, Standards, and Instructions, Title 49 CFR Part 236, 
Section 236.310, Signal governing approach to home signal, for its 
planned commuter rail system ``FrontRunner'', to the extent that UTA be 
permitted to utilize cab signals in place of wayside approach signals 
to home signals. The location of the request is the entire current and 
planned FrontRunner system. Phase 1 will be approximately 44 miles 
between Pleasant View, in Weber County, and Salt Lake City, Utah.
    Applicant's justification for relief:
    (1) The wayside portion of the automatic train control system 
continually monitors the track conditions ahead of a train. These 
conditions are continually transmitted to the train by the cab signals 
and impose the proper speed limit based upon the conditions that exist 
in advance of the train.
    (2) There are 21 control points located on phase 1 of the 
FrontRunner system. There are no roadway signals in approach to these 
control point locations. Rather, the cab signal system will register 
the approach to a control point and display a cab signal to the 
operator. Visibility of cab signals is superior to that of roadway 
signals because the signal aspects are located within the operating cab 
in clear view of the operator where visibility is not hampered by 
weather or debris. The cab signal system permits automatic enforcement 
of adherence to speed limits and to the proper approach to the home 
signal. If the operator does not respond to the cab signal 
appropriately, an irrevocable penalty brake application will be 
provided.
    (3) The cab signal system design as implemented provides an 
equivalent, if not higher, level of safety than that required under 
Section 236.310 because the visibility of cab signals is superior to 
that of roadway signals. Moreover, the cab signal system continually 
monitors the adherence to the speed limit and automatically warns the 
operator when the limit is exceeded and implements a penalty brake 
application if the operator fails to take appropriate action. 
Accordingly, relief from the requirements of Section 236.310 is 
justified.
    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.
    Any interested party desiring to protest the granting of an 
application shall set forth specifically the grounds upon which the 
protest is made, and it shall contain 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.
    All communications concerning these proceedings should be 
identified by Docket Number FRA-2008-0056 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

[[Page 31914]]

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 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).

    Issued in Washington, DC on May 29, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-12406 Filed 6-3-08; 8:45 am]

BILLING CODE 4910-06-P
