[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74578-74579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21016]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notification of Informational Filing To Test a Processor-Based 
Signal and Train Control System, and a Request for Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) Part 
211, notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance with certain 
requirements of Federal railroad safety regulations. 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.

CSX Transportation, Inc.

[Docket Number FRA-2006-25057]

    In association with continued development and implementation 
testing of the CSX Transportation, Inc. (CSXT) Communications Based 
Train Control (CBTM) System, CSXT of Jacksonville, Florida, has 
petitioned for a waiver of compliance from certain FRA regulatory 
safety requirements. CBTM is a non-vital safety-critical overlay 
designed to supplement the existing method of operation to protect 
against the consequences of human error.
    CSXT is requesting a petition of regulatory relief from the 
following Federal regulations: 49 CFR 216.13 (Special Notice of 
Repairs--Locomotive), 49 CFR 217.9 (Program of Operational Tests and 
Inspections--Recordkeeping), 49 CFR 217.11 (Program of Instruction on 
Operating Rules--Recordkeeping, Electronic Recordkeeping), 49 CFR part 
218 subpart D (Prohibition Against Tampering with Safety Devices), 49 
CFR 229.7 (Prohibited Acts), 49 CFR 229.135 (Event Recorders), 49 CFR 
233.9 (Reports), 49 CFR 235.5 (Changes Requiring Filing of 
Application), 49 CFR 240.127 (Criteria for Examining Skill 
Performance), and 49 CFR 240.129 (Criteria for Monitoring Operational 
Performance of Certified Engineers). CSXT is requesting regulatory 
relief for testing related to the CBTM on the CSXT Blue Ridge, Duke, 
Spartanburg, and McCormick Subdivisions, which consist of approximately 
137 miles of Traffic Control System territory and 130 miles of Direct 
Traffic Control territory. The regulatory relief requested was 
previously granted; however, this relief was withdrawn by FRA in a 
letter dated April 8, 2005 (see docket FRA-2002-

[[Page 74579]]

12507). The regulatory relief requested in CSX's current petition is 
only for CBTM-related equipment and testing, and only through the 
conclusion of CBTM testing. Compliance with the rules for which relief 
is requested will not apply to non-CBTM-related equipment and 
operations. Details of the exact relief requested and CSXT's supporting 
rationale are detailed in FRA-2006-25057-4.
    For informational purposes only, FRA is also providing notice that 
it has received an informational filing to test CBTM submitted pursuant 
to 49 CFR 236.913(j). FRA will accept comments only on those items 
requiring a waiver from regulatory requirements. All communications 
concerning the petition from regulatory relief under 49 CFR part 211 
should identify the appropriate docket number (FRA-2006-25057) and must 
be submitted by one of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic site;
     Fax: 202-493-2251;
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, 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://dms.dot.gov.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment on behalf of an 
association, business, labor union, etc.). You may review the DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000, (Volume 65, Number 70; Pages 19477-78). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on December 6, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-21016 Filed 12-11-06; 8:45 am]
BILLING CODE 4910-06-P