80 FR 10206 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Page 10206]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03787]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0012]


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 18, 2014, the Alaska Railroad (ARR) 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, Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of Signal and Train 
Control Systems, Devices, and Appliances. FRA assigned the petition 
Docket Number FRA-2015-0012.
    This request is for relief from the requirements of 49 CFR 236.51, 
Track Circuit Requirements. ARR is seeking to discontinue the existing 
electronic track circuit through the Whittier Tunnel and replace it 
with a vital axle counter.
    The location of the proposed track circuit replacement is from 
Whittier, Milepost (MP) F2.5 to Bear Valley, MP F5.2, on the Kenai 
Subdivision, Whittier Division, at Whittier, AK. The Whittier Division 
is a single track line with a traffic control system (TCS) with a 
dedicated TCS block used to protect Whittier Tunnel.
    The tunnel is 2.6 miles long and is a mixed use facility allocating 
exclusive train and automobile occupancy at any given time.
    The track circuit installed within the tunnel experiences false 
occupancy failures that contribute to a backup of train and auto travel 
through the tunnel. The embedded track and the consistently wet road 
combined with fouling soil and a failing pump system create an 
extremely low ballast resistance which inhibits the safe, reliable 
operation of the track circuit.
    Axle counters function by detecting the presence and traveling 
direction of wheels at entrance and exit points of defined blocks of 
track. The wheels are counted into and out of the block. If the same 
amount of axles are detected departing the block as were detected 
entering it, the block is considered vacant. Axle counters provide no 
broken rail detection, as required in 49 CFR 236.51.
    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 April 13, 2015 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 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 www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on February 19, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-03787 Filed 2-24-15; 8:45 am]
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