
[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Notices]               
[Page 65398-65399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc10-138]                         

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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.

Canadian Pacific Railway

[Waiver Petition Docket Number FRA-2010-0024]

    The Canadian Pacific Railway (CP) hereby petitions FRA for a 
temporary waiver from 49 CFR Part 213, subpart C, to develop and test 
pilot an ``unattended'' track geometry measurement system. Over the 
course of 6 months, CP intends to test the new system on their 
Northeast U.S. main line between Rouses Point and Binghamton, New York, 
a distance of approximately 315 miles. The project includes outfitting 
and deploying an unattended track geometry measurement system that will 
be used in conjunction with other automated systems to monitor overall 
track infrastructure condition on a frequency that is not possible 
today.
    CP asserts that the benefits that are expected to be derived from 
this system are as follows:
     Increased geometry inspections over what is possible today 
(anticipated 400% increase) resulting in improved infrastructure 
reliability;
     Proactive instead of reactive track maintenance will 
result in improved infrastructure condition and therefore a safer 
operation;
     Scheduled maintenance and repair activities will reduce 
unscheduled employee call outs and therefore also reduce fatigue 
related risk to employees;
     Reduction of track geometry which will cause slow orders; 
and
     Improved passenger train performance at a reduced level of 
risk.
    The project is currently in the planning phase. CP indicates that 
if FRA agrees, the build, design and test phase of the project could 
commence in late 2010. Testing would then occur in early 2011. It is 
the testing phase of the project that is the subject of this waiver 
application. In order to proceed with this pilot project, CP is seeking 
a temporary waiver from 49 CFR part 213, subpart C, such that all 
measurements and data produced by the new track geometry vehicle are 
deemed ``not valid'' and ``immaterial'' for the purpose of track 
geometry verification. The data produced during the 6 month test period 
will be used solely for the purposes of mapping and for false positive 
rejection development, and CP is requesting regulatory relief for the 
initial 6-month period when the new equipment is being evaluated and 
tested.
    CP further explains that it will adhere to all regulated track 
inspection processes while the new track geometry equipment is being 
tested. All track defects identified through the normal inspection 
processes will be corrected according to current processes and 
procedures designed to comply with FRA's track safety standards. The 
waiver that is being requested will only apply to information that is 
developed through the use of the new geometry technology during the 
initial 6 month testing and evaluation phase of the project.
    CP further explains that it does not expect that the waiver would 
apply to the regular, manned track geometry

[[Page 65399]]

inspection, which CP will continue to perform 3 times annually until 
such time as the new technology is proven reliable. Following the 6 
month testing and evaluation phase of the project and assuming that the 
benefits of the system prove out, CP indicates that it request further 
regulatory relief from FRA.
    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-
2010-0024) 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 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 October 18, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-26783 Filed 10-21-10; 8:45 am]
BILLING CODE 4910-06-P

