[Federal Register: June 5, 2002 (Volume 67, Number 108)]
[Notices]               
[Page 38695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn02-76]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Twin Cities and Western Railroad Company

[Docket Number FRA-2002-12113]

    The Twin Cities and Western Railroad Company (TC&W) seeks relief 
for a temporary test waiver of compliance from Control Circuits 
requirements of the Grade Crossing Signal System Safety Standards, 49 
CFR part 234, section 234.203, which requires that all control circuits 
that affect the safe operation of a highway-rail grade crossing warning 
system shall operate on the fail-safe principle. The waiver request is 
to permit TC&W and its project partners to develop, test and implement 
technology designed to activate highway-rail grade crossing warning 
devices. The fail-safe principle requires that such circuits shall 
operate so that the failure of any part or component shall cause the 
warning system to activate.
    The application section of 234.203 states that a crossing warning 
system activated by means other than train detection track circuit may 
not comply with this section. TC&W contents that the system under 
development is designed to meet the spirit and intent of the fail-safe 
principle through a means other than track circuit based train 
detection, and the system operation is being examined in every mode of 
failure. The designed system will operate so that the failure of any 
part or component shall cause the warning system to activate or warn 
the train crew so that the train can be stopped before reaching the 
crossing. TC&W indicates the ability of the system to warn the train 
crew of a crossing failure is made possible by redundant radio based 
technology. TC&W states they fully intends to comply with the fail-safe 
intent of 234.203 and will provide regulatory authorities the 
opportunity to review the system, its design and test results, in order 
to determine if the fail-safe principle has been met.
    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 (e.g., Waiver Petition Docket Number FRA-
2002-12113) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401, Washington, DC, 20590-0001. 
Communications received within 45 days of the date of this notice will 
be considered by FRA before final action is taken. Comments received 
after that date will be considered as far as practicable. All written 
communications concerning these proceedings are available for 
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.

    Issued in Washington, DC, on May 29, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-14051 Filed 6-4-02; 8:45 am]
BILLING CODE 4910-06-P