
[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Notices]               
[Page 34979-34980]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn08-118]                         

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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-2008-0064]

Applicant: Portland and Western Railroad, Inc., Mr. Paul A. Zalec, Vice 
President Passenger Operations, 650 Hawthorne Avenue, SE., Suite 220, 
Salem, Oregon 97301.

    The Portland and Western Railroad, Inc. (PWRR) seeks relief from 
the requirements of the Rules, Standards, and Instructions, Title 49 
CFR, Part 236, Section 236.513(a), Audible Indicator, for its planned 
Wilsonville to Beaverton commuter rail project, to the extent that PWRR 
be permitted to utilize a cab signal system that does not contain any 
onboard acknowledgment device beyond the acknowledgment received from 
movement of brake control(s). The location of the request is from 
Wilsonville, Oregon, on the former Oregon Electric Railway, Oregon 
Electric Subdivision milepost (MP) 42.8 to Beaverton, OR, Tillamook 
District, MP 755.50, a distance of approximately 15.3 route miles.

[[Page 34980]]

    Applicant's justification for relief: It is proposed to provide a 
momentary audible indication when a more restrictive aspect is 
received, but not require a manual acknowledgement of that audible 
indication. The onboard automatic train control system continually 
monitors the operator's adherence to the existing speed limit, provides 
an alarm if the speed limit is being violated, and applies an 
irrevocable penalty brake application if the operator does not act 
appropriately to safely bring the speed of the train below the speed 
limit. Eliminating the need for acknowledgement in favor of continuous 
speed enforcement eliminates confusion on the part of the operator.
    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-2008-0064 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 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 June 16, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-13892 Filed 6-18-08; 8:45 am]

BILLING CODE 4910-06-P
