[Federal Register: October 20, 2003 (Volume 68, Number 202)]
[Notices]               
[Page 59987]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc03-82]                         


[[Page 59987]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Docket 2001-8622]

 
Wheeling & Lake Erie Railway Company Order

Background

    Pursuant to Part 235 of title 49 Code of Federal Regulations, the 
Wheeling & Lake Erie Railway Company (WLE) filed an application to 
discontinue and remove the traffic control system on its single main 
track and sidings between Spencer, Ohio, and Bellevue, Ohio. After 
hearing, and for the reasons discussed in its July 25, 2003 letter to 
WLE (letter), the Railroad Safety Board determined that it was 
appropriate to approve WLE's application, provided execution of the 
railroad's obligations under conditions placed on the approval can be 
ensured. Since certain of these obligations do not involve subject 
matters specifically regulated by FRA, FRA has made consent to entry of 
this order a further condition on approval of the discontinuance. WLE 
has consented to entry of the order.

Authority

    The Federal Railroad Safety Act of 1970, as codified, gives FRA 
extensive authority with which to enforce Federal railroad safety laws 
and regulations. Authority to enforce Federal railroad safety laws has 
been delegated by the Secretary of Transportation to the Federal 
Railroad Administrator. 49 CFR 1.49. Railroads are subject to FRA's 
safety jurisdiction under the Federal railroad safety laws. 49 U.S.C. 
20101, 20103.

Order

    Effective upon notification to the WLE that the conditions 
precedent to removal of the traffic control system have been fulfilled, 
the WLE shall be subject to the further continuing requirements:
    1. WLE shall maintain in place and shall enforce bulletin orders 
and special instructions required under the conditions to the approval 
of the application.
    2. All track currently signalized shall be subject to an annual 
internal rail flaw inspection in the same manner required for Class 4 
track under 49 CFR 213.237.
    3. Dragging equipment detectors shall be installed per the 
railroad's proposal in this docket at or near the following locations: 
West of Hartland West at Milepost 72; Townline Road at Milepost 69.5; 
Old State Road at Milepost 66.6; Benedict Avenue at Milepost 65.3; 
North West Street at Milepost 64.1; Halfway Road, east of Monroeville, 
Ohio, at Milepost 62.5; and Williams Road, west of Monroeville, Ohio, 
at Milepost 58.7. The existing hot box and dragging detector at 
Clarksfield at Milepost 77.7 shall be maintained. In addition, the 
hazard detector at Milepost 62.5 shall be required to be equipped to 
detect hot bearings. These detectors shall be maintained in good 
working order at all times and shall be promptly restored (without 
undue delay) in the case of unexpected failure.
    4. Remote health monitoring shall be provided for the highway-rail 
crossing signals in Norwalk and Monroeville, Ohio, as per the 
railroad's proposal at the following locations: Townline Road at 
Milepost 69.5; Laylin Road at Milepost 68; Old State Road at Milepost 
66.6; Conrwin and Pine Streets at Milepost 65.8; Woodlawn Avenue at 
Milepost 65.7; Benedict Avenue at Milepost 65.3; Newton and Jefferson 
Streets at Milepost 64.7; North Pleasant Street at Milepost 64.6; and 
North West Street at Milepost 64.1 in the Norwalk Area, also Main 
Street at Milepost 61.0; Ridge Street at Milepost 60.5; and Monroe 
Street at Milepost 60.2 in the Monroeville Area.
    a. Implementation of this capability must provide effective 
immediate notification to the dispatcher of any false activation or 
activation failure detected.
    b. If the dispatcher cannot immediately account for an alarm 
condition, the dispatcher shall instruct crews to reduce their speed to 
restricted speed within one-half mile of approaching the crossing and 
flag the crossing on both sides. Trains approaching a malfunctioning 
highway-rail crossing must proceed at restricted speed for one half 
mile in advance of the crossing and remain at restricted speed until 
the entire train is one-half mile past the highway-rail crossing.
    These systems shall be maintained in working order thereafter and 
shall be repaired without undue delay in the case of unexpected 
failure.
    5. Power operated switches that remain in this application area 
shall be maintained with a separate lock rod and separate point 
detector rod that will be attached to the switch and switch point 
separately.
    6. Switches shall be upgraded to radio controlled operation per the 
railroad's proposal in this docket.
    7. Derails currently installed at turnouts in the application area 
shall be maintained and utilized consistent with the WLE operating 
rules in effect as of the date of this letter unless the turnout is no 
longer needed and is removed.
    Violation of this order is subject to civil penalty and other 
applicable sanctions as provided in 49 U.S.C. 21301 et seq.

    Issued in Washington, DC on October 10, 2003.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 03-26376 Filed 10-17-03; 8:45 am]

BILLING CODE 4910-06-P