[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14840-14841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7249]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


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

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

    On June 11, 2007, FRA authorized CSX Transportation, Inc. (CSXT) to 
conduct limited field testing of its Communications Based Train 
Management (CBTM) system. CBTM is a non-vital safety-critical overlay 
designed to supplement the existing method of operation to protect 
against the consequence of human error. As part of this authorization, 
FRA granted CSXT temporary conditional relief from certain requirements 
of the Federal railroad safety regulations, including specific sections 
of the following Parts of Title 49 of the CFR: 216 (Special notice and 
emergency order procedures: Railroad track, locomotive and equipment), 
217 (Railroad operating rules), 218 (Railroad operating practices), 229 
(Railroad locomotive safety standards), 233 (Signal systems reporting 
requirements), 235 (Instructions governing applications for approval or 
a discontinuance or material modification of a signal system or relief 
from the requirements of part 236), 236 (Rules, standards, and 
instructions governing the installation, inspection, maintenance, and 
repair of signal and train control systems, devices, and appliances), 
and 240 (Qualification and certification of locomotive engineers). 
Details of the exact relief granted are found in FRA's June 11, 2007, 
letter (document number FRA-2006-25057-0008).
    The CBTM test territory authorized was 144.9 miles of CSXT trackage 
on the Blue Ridge Subdivision of the Huntington Division West, and 
128.1 miles of CSXT trackage on two subdivisions, the Spartanburg and 
McCormick subdivisions of the Florence Division.
    In association with the continued development and implementation 
testing of the CBTM system, by letter dated August 13, 2008, CSXT 
submitted an amended informational filing and waiver petition seeking 
to modify the terms of FRA's June 11, 2007, approval. In its August 13, 
2008, waiver petition, CSXT asserts that because of increased traffic 
in the approved test territories, recent signal system upgrades have 
been completed that limit its ability to properly conduct CBTM fields 
tests in the previously approved territory. Accordingly, CSXT requests 
that FRA amend its original approval and waiver to apply to new test 
territories on the railroad's Aberdeen and Andrews's subdivisions. 
Specifically, CSXT requests authority to test its CBTM system 
consistent with the conditions outlined in FRA's June 11, 2007, 
approval on 86.9 miles of CSXT trackage on the Aberdeen subdivision and 
156.6 miles of CSXT trackage on the Andrews subdivision. Both the 
Aberdeen and Andrews subdivision are part of CSXT's Florence Division.
    For information purposes only, FRA is also providing notice that 
pursuant to 49 CFR 236.913(j), CSXT has submitted an amended 
informational filing pertaining to enhancements that have been made to 
the CBTM system. FRA will accept comments on the amended informational 
filing only as far as that document requires waivers from regulatory 
requirements.

[[Page 14841]]

    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 (FRA-2006-25057) 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 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 March 26, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E9-7249 Filed 3-31-09; 8:45 am]
BILLING CODE 4910-06-P