Petition for Waiver of Compliance

[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66588-66589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19242]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 211.9 
and 211.41, notice is hereby given that the Federal Railroad 
Administration (FRA) has received a request for waiver of compliance 
from certain requirements of Federal railroad safety regulations. The 
individual petition is described below, including the parties seeking 
relief, the regulatory provisions involved, the nature of the relief 
being requested, and the petitioner's arguments in favor of relief.

Alaska Railroad Corporation

[Docket Number FRA-2006-26029]

    As part of the informational filing submitted September 27, 2006 
(Docket No. FRA-2006-26029) the Alaska Railroad Corporation (ARRC) has 
filed a petition for regulatory relief from the following regulations: 
49 CFR 216.13 (Special Notice of Repairs--Locomotive), 49 CFR 217.9 
(Program of Operational Tests and Inspections--Recordkeeping), 49 CFR 
217.11 (Program of Instruction on Operating Rules--Recordkeeping, 
Electronic Recordkeeping), 49 CFR 218(d) (Prohibition Against Tampering 
with Safety Devices), 49 CFR 229.7 (Prohibited Acts), 49 CFR 229.135 
(Event Recorders), 49 CFR 233.9 (Reports), 49 CFR 235.5 (Changes 
Requiring Filing of Application), 49 CFR 240.127 (Criteria for 
Examining Skill Performance), and 49 CFR 240.129 (Criteria for 
Monitoring Operational Performance of Certified Engineers), for testing 
related to the Collision Avoidance System (CAS) on a railroad corridor 
from south of the Anchorage Terminal to Portage, within the State of 
Alaska, on the Alaska Division and the Whittier Division. The ARRC 
proposes to identify the specific parts of these territories on which 
testing will occur 30 days before the start of testing.
    The regulatory relief requested is only for CAS-related equipment 
and testing, commencing fourth quarter 2006 through the conclusion of 
CAS testing and submission, and approval of the Product Safety Plan 
(PSP). The request for regulatory relief will not apply to non-CAS 
equipment and operations. Details of the specific relief requested and 
the associated rationale are specified in the ARRC letter of September 
27, 2006 (Docket No. FRA-2006-26029).
    FRA will accept comments under the provisions of 49 CFR part 211 
for regulatory relief of these requirements.
    As part of the same informational filing, ARRC also requests 
exemption under the provisions of 49 CFR 236.913(j)(1)(iv) for relief 
from various parts of 49 CFR part 236, subparts A-G. FRA will 
independently impose appropriate conditions necessary for the safety of 
train operations regarding exemptions from part 236, subparts A-G under 
the provisions of 49 CFR 236.913(j)(2).
    Interested parties are invited to review the informational filing 
and provide written information or comments pertinent to FRA's 
consideration of the above request for waiver of compliance. All 
communications concerning this petition should identify the appropriate 
docket number (FRA-2006-26029) and may be submitted by one of the 
following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic site;
     Fax: 202-493-2251;
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Communication received within 30 days of the date of this notice 
will be considered by FRA prior to final action being taken. Comments 
received after that date will be considered to the extent practicable. 
All written communications concerning these proceedings are available 
for

[[Page 66589]]

examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://dms.dot.gov.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment on behalf of an 
association, business, labor union, etc.). You may review the DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on November 9, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-19242 Filed 11-14-06; 8:45 am]
BILLING CODE 4910-06-P