[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Notices]
[Pages 8395-8396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2660]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of 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 temporary waiver of compliance from 
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 argument in favor of relief.

South Carolina Public Railways

[Docket Number FRA-2008-0004]

    South Carolina Public Railways (SCPR) has submitted a request for a 
temporary waiver from the requirements of 49 CFR Part 236, Subpart H, 
in order to allow SCPR to utilize Railsoft System, Inc.'s TrackAccess 
Electronic Block Register System in the autonomous mode on 
approximately 15.3 miles of track belonging to its subsidiary, the East 
Cooper & Berkeley Railroad (ECBR), until a Railroad Safety Program Plan 
(RSPP) and a Product Safety Plan (PSP) are completed, submitted to FRA, 
and approved. The TrackAccess system is presently utilized on ECBR in 
the assisted mode. Maximum speed on TrackAccess controlled track will 
be 20 mph.
    Neither an RSPP, PSP, or an Informational Filing to allow testing, 
as are required under 49 CFR 236.905, 236.907, or 236.913 respectively, 
have yet been submitted. SCPR anticipates the necessary RSPP and PSP 
will be completed and submitted to FRA no later than June 2008.
    As described by SCPR, the TrackAccess system is a computer 
application that is capable of electronically generating and/or 
delivering exclusive track occupancy permission for both trains and 
roadway workers on designated track. TrackAccess may be operated in one 
of two modes-assisted or autonomous. In

[[Page 8396]]

the assisted mode, a track authority is obtained from the system and 
electronically issued to the individual requesting the authority by a 
controller or dispatcher. In the autonomous mode, the authority is 
electronically obtained directly from TrackAccess by the individual 
requesting the authority, and no dispatcher is involved. TrackAccess is 
designed for low traffic shortline, branchline, and yard rail 
operations. In the view of the petitioner, TrackAccess protects train 
movements, it does not direct train movements.
    According to SCPR, safety features of TrackAccess include: (1) 
protection against the issuance of overlapping permissions; (2) 
positive identification and verification of individuals requesting and 
receiving permissions; (3) verification of receipt of safety bulletins 
prior to issuance of permissions; and (4) required ``three-part 
communication'' procedures for telephony transactions.
    Although the current petition is from the named party, FRA 
anticipates that, should relief be granted to the named petitioner, 
other petitioners may step forward. In order to avoid duplicative 
publications and filings related to this request for temporary relief, 
FRA also requests comments regarding whether, and under what 
conditions, FRA should permit other parties similarly situated to 
subscribe to any relief provided in this docket.
    FRA notes that the instant petition was not accompanied by 
supporting safety data. However, FRA is advised that such data will be 
filed. Accordingly, potential commenters are requested to monitor the 
docket status and respond when such data is filed.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. All communications 
concerning these proceedings should identify the appropriate docket 
number (e.g., Waiver Petition Docket Number FRA-2008-0004) and may be 
submitted by one 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.
    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.
    Communications received within 30 days of the date of this notice 
or within 30 days following the filing of supporting safety data, 
whichever is later, will be considered by FRA before final action being 
taken. Comments received after this period 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 
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).

    Issued in Washington, DC, on February 8, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-2660 Filed 2-12-08; 8:45 am]
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