[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26356-26358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10703]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0060]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated March 12, 2012, the Norfolk Southern Railway (NS) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations. FRA 
assigned the petition to Docket Number FRA-2010-0060.
    Pursuant to the requirements of 49 CFR Section 236.1035 (Field 
testing requirements), NS has submitted the Interoperable Electronic 
Train Management System (I-ETMS) Positive Train Control (PTC) test 
waiver request, Version 1.1, dated March 12, 2012, along with 
associated required documents for request of relief from select parts 
of Subparts A-G. In conjunction with those requests, per 49 CFR Section 
236.1035, the NS test waiver includes requests for relief from 
regulations other than those contained in Subparts A-G.
    I-ETMS is a vital overlay system as defined in 49 CFR Part 236, 
Subpart I, Section 236.1015(e)(2) and fully described in the NS I-ETMS 
PTC Development Plan (FRA-2010-0060-0002) found in Appendix A, and for 
which FRA Type Approval FRA-TA-2011-02 was issued on August 26, 2011.
    The I-ETMS system is designed to support different railroads and 
their individual methods of operation and is intended to be 
implementable across a broad spectrum of railroads without significant 
modification. This design approach supports interoperability across 
railroads as I-ETMS-equipped locomotives apply consistent warning and 
enforcement functionality regardless of trackage ownership.
    NS seeks a waiver of compliance from certain sections of 49 CFR, 
including Parts 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 of a Discontinuance or 
Material Modification of a Signal System or Relief from the 
Requirements of Part 236; and 240, Qualification and Certification of 
Locomotive Engineers. NS also seeks a waiver of compliance from 49 CFR 
Section 211.51 (Tests) to allow them to test I-ETMS, on nonrevenue 
trains, on the Charleston District from Charleston, SC, milepost (MP) 
SC 7.0, to Andrews Yard, Columbia, SC, MP SC 128.9; and on the Columbia 
District from Andrews Yard, Columbia, SC, MP R 108.5, to Charolette 
Junction, MP R0.0.
    The following are the waiver requests and their justifications:

Section 216.13, Special Notice for Repairs--Locomotive

    Waiver is requested for I-ETMS-equipped locomotives to the extent 
that non-operation of I-ETMS equipment installed on board, whether 
through malfunction or deactivation, shall not be construed as an 
unsafe condition requiring special notice for repairs. Waiver is also 
sought for non-I-ETMS-equipped locomotives operating in I-ETMS 
territory to the extent that the absence of I-ETMS equipment on board 
shall not be construed as an unsafe condition requiring special notice 
for repairs.
    Justification: With or without I-ETMS equipment operating on board 
the controlling locomotive, a train remains subject to existing 
operating rules. I-ETMS tests require flexibility in installing, 
removing, turning on, and turning off the equipment.

Section 217.9, Program of Operational Tests and Inspections; 
Recordkeeping

    Waiver is requested, exempting operation of I-ETMS equipment and 
procedures from the requirements for operational tests and inspections, 
and associated recordkeeping.
    Justification: During the I-ETMS test phase, procedures for using 
I-ETMS equipment and functions will be refined and modified. Until such 
procedures are defined in the PTC Safety Plan (PTCSP), or associated 
documentation, they cannot be addressed in NS operating rules. I-ETMS 
is expected to have minimal impact on existing operating

[[Page 26357]]

rules due to its nature of overlay to existing methods of operation.

Section 217.11, Program of Instruction on Operating Rules; 
Recordkeeping; Electronic Recordkeeping

    Waiver is requested, exempting I-ETMS testing and its equipment and 
procedures from the requirements for instruction and recordkeeping.
    Justification: During the I-ETMS test phase, procedures for using 
I-ETMS equipment and functions will be refined and modified. Until such 
procedures are defined in the PTCSP, or associated documentation, they 
cannot be addressed in NS operating rules. I-ETMS is expected to have 
minimal impact on existing operating rules due to its nature of overlay 
to existing methods of operation.

Part 218, Subpart D, Prohibition Against Tampering With Safety Devices

    Waiver is requested, exempting onboard I-ETMS equipment from the 
requirements of Sections 218.51, 218.53, 218.55, 218.57, 218.59, and 
218.61 to the extent that I-ETMS equipment on board a locomotive shall 
not be considered a ``safety device'' subject to the provisions of this 
subpart at any time during the test and demonstration phase.
    Justification: I-ETMS tests and demonstrations require flexibility 
in installing, removing, turning on, and turning off the onboard 
equipment. NS also needs the flexibility to permanently disable or 
remove I-ETMS equipment in the event that a revenue service system is 
not implemented.

Section 229.7, Prohibited Acts

    Waiver is requested such for both I-ETMS equipped and non-I-ETMS 
equipped locomotives operating in the I-ETMS test territory during the 
test period.
    Justification: Non-operation of I-ETMS equipment installed on board 
a locomotive, whether through malfunction or deactivation, shall not be 
construed as an unsafe condition subject to this section. Additionally, 
in the absence of I-ETMS equipment onboard, non-I-ETMS-equipped 
locomotives operating in I-ETMS territory shall not be construed as an 
unsafe condition subject to this regulation. The I-ETMS test program 
requires flexibility in installing, removing, turning on, and turning 
off the onboard equipment. NS also requires the flexibility to 
permanently disable or remove I-ETMS equipment in the event that a 
production system is not implemented. The train remains subject to the 
safety provisions of the existing method of operation whether or not I-
ETMS equipment on board a locomotive is functioning.

Section 229.135, Event Recorders

    Waiver is requested to the extent that I-ETMS equipment on board a 
locomotive shall not be considered an ``event recorder'' subject to the 
provisions of this section during the test phase.
    Justification: I-ETMS equipment by design will operate 
intermittently during the test phase. The data accumulated by the 
onboard I-ETMS equipment will be used to develop and refine I-ETMS 
functions. Such data can be expected to contain anomalies that do not 
reflect true operating conditions but, by analysis, will contribute to 
achieving necessary objectives in the I-ETMS design.

Section 233.9, Reports

    Waiver is requested, exempting I-ETMS operations in the test phase 
from the reporting requirements of this section.
    Justification: NS recognizes that a revenue service I-ETMS system 
is subject to the provisions of this section; however, imposition of 
these requirements during the test and demonstration phase would be an 
unnecessary paperwork burden. PTC testing should not affect the final 
inventory of the NS signal system, which will be included in the signal 
system 5-year report.

Section 235.5, Changes Requiring Filing of Application

    Waiver is requested, exempting I-ETMS from the requirements of this 
section during the test phase.
    Justification: I-ETMS tests require flexibility in installing, 
removing, modifying, turning on, and turning off the I-ETMS equipment. 
NS also requires the flexibility to permanently disable or remove I-EMS 
equipment in the event that a revenue service system is not 
implemented.

Section 240.127, Criteria for Examining Skill Performance

    Waiver is requested exempting I-ETMS from the testing requirements 
for qualification and certification of locomotive engineers during the 
test phase.
    Justification: Criteria and procedures for engineer performance 
evaluation, as related to I-ETMS, do not yet exist; they will be 
identified and defined during the I-ETMS test phase and included in the 
PTCSP.

Section 240.129, Criteria for Monitoring Operational Performance of 
Certified Engineers

    Waiver is requested, exempting I-ETMS from the performance 
monitoring procedures during the I-ETMS test phase.
    Justification: Criteria and procedures for I-ETMS monitoring the 
performance of engineers using I-ETMS do not yet exist; they will be 
identified and defined during the I-ETMS test phase and included in the 
PTCSP.
    In addition, NS is requesting a waiver of compliance from certain 
portions of 49 CFR Part 236, Rules, Standards, and Instructions 
Governing the Installation, Inspection, Maintenance, and Repair of 
Signal and Train Control Systems, Devices, and Appliances; for 
information only and of which FRA is not receiving comments. Those 
sections are:
     236.11, Adjustment, repair, or replacement of component.
     236.15, Timetable instructions.
     236.23, Aspects and indications.
     236.76, Tagging of wires and interference of wires or tags 
with signal apparatus.
     236.101, Purpose of inspection and tests; removal from 
service of relay or device failing to meet test requirements.
     236.109, Time releases, timing relays and timing devices.
     236.110, Results of tests.
     236.501, Forestalling device and speed control.
     236.552, Insulation resistance; requirement.
     236.566, Locomotive of each train operating in train stop, 
train control or cab signal territory; equipped.
     236.567, Restrictions imposed when device fails and/or is 
cut out en route.
     236.586, Daily or after trip test.
     236.587, Departure test.
     236.588, Periodic test.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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

[[Page 26358]]

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 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 by June 18, 2012 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 26, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-10703 Filed 5-2-12; 8:45 am]
BILLING CODE 4910-06-P