
[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Notices]               
[Page 12810]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr10-119]                         

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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.

Marquette Rail, LLC

[Docket Number FRA-2008-0081]

    The Marquette Rail, LLC, has submitted a waiver request to permit 
field testing of the software-based dispatch system for low density 
lines identified as TrackAccess System. The waiver request addresses 
the requirements under 49 CFR 211.51.
    TrackAccess is an electronic track occupancy system similar to the 
conventional block register. It is designed to protect the area of 
exclusive track occupancy given to roadway workers or train crew 
members by excluding the possibility of electronic issuance of 
conflicting track occupancy authorities. TrackAccess aims to reduce the 
potential for human errors associated with issuance of track occupancy 
authorities to roadway workers and train crews by the dispatcher. In 
its autonomous mode of operation, the TrackAccess System assumes 
electronic delivery of track occupancy authorities to roadway workers 
and train crews.
    Marquette Rail, LLC, desires to commence field testing of the 
product on or about March 1, 2010, or as soon thereafter as 
practicable, contingent upon FRA's acceptance and approval of this 
waiver request. Marquette Rail, LLC, is requesting a petition of 
regulatory relief from the following Federal regulation: 49 CFR 
214.321(a)(1) Exclusive Track Occupancy.
    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-
2008-0081) 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 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.
    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 March 10, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-5752 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-06-P

