81 FR 91997 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 243 (December 19, 2016)

[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91997-91998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30444]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0108]


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 November 2, 2016, Union Pacific Railroad Company (UP) 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 
Docket Number FRA-2016-0108. UP seeks a waiver from compliance with cab 
signal 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 seeks relief to operate Positive Train 
Control (PTC) equipped controlling locomotives with the automatic cab 
signals (ACS) cut-out.
    The relief would be within a PTC revenue service demonstration 
(RSD) area on UP's Portland Subdivision, 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 the ACS cut-out.
    Locations of requested relief on the Portland Subdivision are:
    1. Between Milepost (MP) 81.6 and MP 15.6 for westward moves.
    2. Between MP 15.6 and MP 81.6 for eastward moves.
    3. Between MP 0.6 and MP 15.6 on the Graham Line.
    The PTC system to be utilized is UP's implementation of the 
Interoperable Electronic Train Management System (I-ETMS).
    If the PTC system fails and/or is cut-out enroute as a result of 
same, the train crew will cut-in the ACS onboard system, perform a 
departure test, and, if successful, continue the trip through the 
project limits under ACS operation. If the ACS onboard system cut-in 
and/or departure test 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 and PTC systems are not integrated on the 
locomotive and their concurrent use would potentially be confusing and 
distracting to the train crew, due to differences in the content of 
their 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 
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 January 18, 2017 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

[[Page 91998]]

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 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. 2016-30444 Filed 12-16-16; 8:45 am]
 BILLING CODE 4910-06-P