[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23975-23977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10643]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0108]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides public notice that on April 26, 2017, the Union 
Pacific Railroad Company (UP) petitioned the Federal Railroad 
Administration (FRA) to modify an existing waiver of compliance from 
certain provisions of the Federal railroad safety regulations in 49 CFR 
part 236. FRA assigned the petition docket number FRA-2016-0108.
    UP seeks a modification to its existing waiver from compliance with 
cab signal

[[Page 23976]]

system requirements found in 49 CFR 236.566, Locomotive of each train 
operating in train stop, train control, or cab signal territory; 
equipped. Specifically, UP requests that FRA add more lines to the 
waiver. The lines listed in this request are those where UP will 
install and operate Positive Train Control (PTC) in lieu of automatic 
cab signal (ACS), Automatic Train Control (ATC), or Automatic Train 
Stop (ATS) to support its plan for PTC implementation. The list of the 
lines is in the table below:

----------------------------------------------------------------------------------------------------------------
                                 Cab signal
         Subdivision               system          From MP       From station         To MP         To station
----------------------------------------------------------------------------------------------------------------
Blair........................  ATC                      326.2  East Missouri              329.5  Missouri
                                                                Valley, IA.                       Valley, IA.
Boone........................  ATC                      202.2  Boone, IA.......           326.2  East Missouri
                                                                                                  Valley, IA.
Clinton......................  ATC                        2.1  Clinton, IA.....           202.2  Boone, IA.
Columbus.....................  ACS                       39.2  Fremont, NE.....           144.5  East Grand
                                                                                                  Island, NE.
Evanston.....................  ACS                      817.3  Green River, WY.           977.5  Strawberry, UT.
Geneva.......................  ATC                        0.8  Halsted, IL.....           138.9  Clinton, IA.
Harvard......................  ATS                        0.9  Erie, IL........            63.0  Harvard, IL.
Hiawatha.....................  ACS                       43.1  Hiawatha, KS....           143.0  Upland, KS.
Joliet.......................  ACS                       72.8  Dwight, IL......            92.5  Pontiac, IL.
Kansas.......................  ACS                       72.9  Menoken, KS.....           143.0  Upland, KS.
Kearney......................  ACS                      144.5  East Grand                 282.0  Platte River,
                                                                Island, NE.                       NE.
Kenosha......................  ACS \1\                   30.2  Lake Bluff, IL..            52.8  Hold Signal 53
                                                                                                  (Kenosha), WI.
Kenosha......................  ATS                        2.7  CY (Clybourn),              52.8  Hold Signal 53
                                                                IL.                               (Kenosha), WI.
Laramie......................  ACS                      510.8  Cheyenne, WY....           682.8  Rawlins, WY.
Laramie......................  ACS                      519.1  Borie, WY.......          C519.7  West Speer, WY.
Marysville...................  ACS                      143.0  Upland, KS......           146.7  McLaughlin, KS.
Marysville...................  ACS                      149.0  West Marysville,           288.4  Gibbon, NE.
                                                                KS.
North Platte Terminal........  ACS                      282.0  Platte River, NE           283.4  Bryan Ave., NE.
North Platte Terminal........  ACS                      291.0  Birdwood, NE....           291.9  Hinman, NE.
Omaha........................  ATC                      329.1  Missouri Valley,           348.5  North Council
                                                                IA.                               Bluffs, IA.
Omaha........................  ACS                        7.5  Omaha 57th                  39.2  Fremont, NE.
                                                                Street, NE.
Rawlins......................  ACS                      682.8  Rawlins, WY.....           815.1  Green River,
                                                                                                  WY.
Sidney.......................  ACS                      291.9  Hinman, NE......           509.3  Cheyenne, WY.
South Morrill................  ACS                      300.4  O'Fallons, NE...           157.0  Pelton, NE.
----------------------------------------------------------------------------------------------------------------

    In its original petition, UP noted its Positive Train Control 
Implementation Plan identifies its ultimate goal of supplanting cab 
signals with PTC technology. Justification for relief was provided in 
that petition, as well as in supplements to that petition added to the 
waiver docket. UP also indicated its intent to petition for relief on 
the balance of its cab signal territories, all of which are slated for 
the implementation of PTC.
    The relief requested would only apply within the UP subdivisions 
listed on which a PTC system is installed and operative; the PTC system 
is successfully initialized; and a locomotive engineer trained and 
qualified in the operation of PTC is present for the operation of the 
train with ACS, ATC, or ATS cut out. The PTC system to be utilized is 
UP's implementation of the Interoperable Electronic Train Management 
System.
    If the PTC system fails and/or is cut-out en route as a result of 
same, the train crew will cut-in the ACS, ATC, or ATS onboard system, 
perform a departure test, and if successful, continue the trip under 
ACS, ATC, or ATS operation. If the ACS, ATC, or ATS onboard system cut-
in and/or departure tests are not completed successfully, the train 
will continue to operate under the provisions of 49 CFR 236.567, 
Restrictions imposed when device fails and/or is cut out en route.
    UP notes that the ACS, ATC, or ATS and PTC systems are not 
integrated on the locomotive and its concurrent use would be 
potentially confusing and distracting to the train crew due to 
differences in the content of its displays, audible and visual alerts 
provided, and required acknowledgement protocols.
    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 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 parties 
desire 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 23, 2017 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can 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 document, if 
submitted on behalf of an association, business, labor union, etc.). In 
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 
to better inform its processes. DOT posts these comments, without edit, 
including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at

[[Page 23977]]

https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of 
regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-10643 Filed 5-23-17; 8:45 am]
 BILLING CODE 4910-06-P