[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26358-26359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10706]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0028]


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 February 16, 2012, CSX Transportation, Inc. (CSX) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR part 236. FRA assigned the petition to Docket 
Number FRA-2010-0028.
    Pursuant to the requirements of 49 CFR Section 236.1035, Field 
testing requirements, CSX has submitted the Interoperable Electronic 
Train Management System[supreg] (I-ETMS) Positive Train Control (PTC) 
Test Waiver Request, Version 1.0, dated February 16, 2012, along with 
associated required documents for request of relief from select parts 
of Subparts A-G. In conjunction with those requests, CSX test waiver 
includes requests for relief from regulations other than that 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 CSX I-ETMS 
PTC Development Plan 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.
    CSX seeks a waiver of compliance from certain parts of 49 CFR 
(Parts 216, Special Notice and Emergency Order Procedures: Railroad 
Track, Locomotive and Equipment; Part 217, Railroad Operating Rules; 
Part 218, Railroad Operating Practices; Part 229, Railroad Locomotive 
Safety Standards; Part 233, Signal Systems Reporting Requirements; Part 
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 Part 240, Qualification and 
Certification of Locomotive Engineers), under Section 211.51 (Tests), 
to allow them to test I-ETMS on nonrevenue trains on the Aberdeen 
Subdivision (between Raleigh and Hamlet, NC) from Southern Junction 
(Milepost (MP) South 156.8) to Marston (MP South 241.6), and on the 
Wilmington Subdivision (between Hamlet and Wilmington, NC) from NE East 
Junction (MP Southeast 254.1) to end of main track (MP Southeast 
354.0).
    The following sections include the waiver request and 
justification:
     Section 216.13, Special notice for repairs--locomotive. A 
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. A 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. A 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) and associated 
documentation, they cannot be addressed in CSX 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.
     Section 217.11, Program of instruction on operating rules; 
recordkeeping; electronic recordkeeping. A 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 and associated documentation, they 
cannot be addressed in CSX 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. A 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

[[Page 26359]]

installing, removing, turning on, and turning off the onboard 
equipment.
     Section 229.7, Prohibited acts. A waiver is requested 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 on board, 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. Whether I-ETMS equipment on board a 
locomotive is functioning, the train remains subject to the safety 
provisions of the existing method of operation.
     Section 229.135, Event recorders. A 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, Annual reports. A waiver is requested 
exempting I-ETMS operations in the test phase from the reporting 
requirements of this section.
    Justification: CSX 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 CSX signal system, which will be included in the 
Signal System Five-Year Report.
     Section 235.5, Changes requiring filing of application. A 
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.
     Section 240.127, Criteria for examining skill performance. 
A 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. A 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, CSX is requesting a waiver of compliance from certain 
sections 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 on 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; and 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 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. 2012-10706 Filed 5-2-12; 8:45 am]
BILLING CODE 4910-06-P