[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48766-48767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19334]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-15010]


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 June 24, 2013, Canadian Pacific Railway (CP) has petitioned the 
Federal Railroad Administration (FRA) for an extension

[[Page 48767]]

of a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR Part 241, United States 
Locational Requirements for Dispatching of United States Rail 
Operations. FRA assigned the petition Docket Number FRA-2003-15010.
    In its petition, CP requests an extension of its existing waiver of 
compliance from 49 CFR 241.7(c), to allow the continuation of Canadian 
dispatching of that part of the Windsor Subdivision located in the 
United States, extending between Windsor, ON, Canada, and Detroit, MI, 
approximately 1.8 miles, as defined in Appendix A to Part 241. This 
request formalizes the request for waiver requirement contained in Part 
241, specifically Section 241.7(c)(3), which refers to territory that 
was previously grandfathered in the exceptions to extraterritorial 
dispatching contained in FRA's interim final rule (see 66 FR 63942, 
December 11, 2001).
    In this case, the track segment identified in the interim final 
rule remains the same as identified above. All trains operated into the 
United States travel very short distances to an interchange point with 
a U.S. railroad and are always under the control of a single crew. All 
dispatching is conducted in English, and all units of measure are the 
same as those used in the U.S. Because of the very short distances, all 
train operations in the United States are under the control of a single 
dispatching desk, located in CP's Network Management Center in 
Montreal, QC, Canada. CP operates approximately six to eight trains a 
day over this segment.
    The trackage is operated under a Centralized Traffic Control system 
and consists of two main tracks for the entire 1.8-mile distance. 
Movements are governed by the Canadian Rail Operating Rules and CP's 
Timetable and Special Instructions. CP's train dispatchers are covered 
under their company drug and alcohol policies and their dispatching 
office is under 24-hour security. Transport Canada Rail Safety 
Directorate has legislative safety jurisdiction over CP, in accordance 
with the provisions contained in the Railway Safety Act, across all 
federally regulated railways operating in Canada.
    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 September 23, 2013 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.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-19334 Filed 8-8-13; 8:45 am]
BILLING CODE 4910-06-P