36624 Federal Register / Vol. 68, No. 117 / Wednesday, June 18, 2003 / Notices

grandfathered in the exceptions to Based on the foregoing, CN seeks a DEPARTMENT OF TRANSPORTATION extraterritorial dispatching contained in permanent waiver of compliance from FRA’s Interim Final Rule (see 66 FR 49 CFR 241.7(c), United States Federal Railroad Administration 63942, December 11, 2001). Locational Requirements for Petitions for Waivers of Compliance In this regard, the track segments Dispatching of United States Rail identified in the Interim Final Rule Operations, to allow the continuation of In accordance with Title 49 Code of remains the same as identified above. Canadian dispatching on that part of the Federal Regulations (CFR) section With respect to the Sprague Sprague Subdivision located in the 211.41, and 49 U.S.C. 20103, this notice Subdivision, this is part of a continuous United States and on those parts of the is hereby given that the Federal Railroad line extending between Rainy River, Strathroy and Flint Subdivisions located Administration (FRA) has received a , and Navin, Manitoba, Canada, in the United States, as described above. request for a waiver of compliance from a distance of 145.2 miles, a portion of Interested parties are invited to certain requirements of its safety which cuts across a corner of the State participate in this proceeding by regulations. The individual petition is of Minnesota, from the U.S./Canadian submitting written views, data, or described below, including the party border near Baudette, Minnesota comments. FRA does not anticipate seeking relief, the regulatory provisions (milepost 1.1), and the U.S./Canadian scheduling a public hearing in involved, the nature of the relief being border at a point identified as connection with the request for a waiver sought, and the petitioner’s argument in International Boundary, Minnesota, of certain regulatory provisions. If any favor of relief. milepost 44.9, a distance of interested party desires an opportunity approximately 43.8 miles. ; FRA Waiver for oral comment, he or she should Petition No. FRA–2003–15010 Approximately 15 trains per day are notify FRA, in writing, before the end of operated over this segment. Each train the comment period and specify the Canadian Pacific Railway (CP) located that traverses this territory is operated basis for his or her request. All in Montreal, Canada, seeks a permanent by the same crew. The entire Sprague communications concerning these waiver of compliance from 49 CFR Subdivision is single track and is proceedings should identify the 241.7(c), United States Locational operated under a Centralized Traffic appropriate docket number (Docket Requirements for Dispatching of United Control system, controlled from a single States Rail Operations to allow the Number FRA 2003–15012) and must be dispatching desk at CN’s Rail Traffic continuation of Canadian dispatching of submitted to the DOT Docket Control Center in Edmonton, Alberta, that part of the Management Facility, Room PL–401 Canada. With respect to the Strathroy located in the United States, extending (Plaza level) 400 Seventh Street, SW., and Flint Subdivisions, this is part of a between Windsor, Ontario, Canada, and Washington, DC 20590. All documents continuous line extending between , , approximately 1.8 in the public docket, including CN’s London, Ontario, Canada, and Port miles, as defined in appendix A to part detailed waiver request, are also Huron, Michigan, a distance of 61.7 241. This request formalizes the request available for inspection and copying on miles, a 3.1 mile portion of which is for waiver requirement contained in the Internet at the docket facility’s Web located in the United States. part 241, specifically § 241.7(c)(3), site at http://dms.dot.gov. Approximately 26 trains per day are which refers to territory that was operated over this segment. Each train Communications received within 30 previously grandfathered in the that traverses this territory is operated days of the date of this notice will be exceptions to extraterritorial by the same crew. This segment consists considered by FRA before final action is dispatching contained in FRA’s Interim of a single track for approximately 1.1 taken. Comments received after that Final Rule (see 66 FR 63942, December miles, and two main tracks for the date will be considered as far as 11, 2001). remaining 2.0 miles, and is operated practicable. All written communications In this regard, the track segment under a Centralized Traffic Control concerning this proceeding are available identified in the Interim Final Rule system, controlled from a single for examination during regular business remains the same as identified above. dispatching desk at CN’s Rail Traffic hours (9 a.m.–5 p.m.) at the above All trains operated into the United Control Center in Toronto, Ontario, facility. States are of very short distances to an Canada. Dispatching of all trackage of FRA wishes to inform all potential interchange point with a U.S. railroad the Sprague Subdivision and the commenters that anyone is able to and are always under the control of a Strathroy and Flint Subdivisions is an search the electronic form of all single crew. All dispatching is entirely English operation and fully comments received into any of our conducted in English. All units of dispatched in English. Canadian Rail dockets by the name of the individual measure are the same as those used in Operating Rules (CROR) and CN’s submitting the comment (or signing the the U.S. Because of the very short Timetable and Special Instructions comment, if submitted on behalf of an distances, all train operations in the govern train operations on this trackage. association, business, labor union, etc.). U.S. are under the control of a single CN uses English (or Imperial) units for You may review DOT’s complete dispatching desk, located in CP’s all aspects of railroad operations, Privacy Act Statement in the Federal Network Management Center in including distance, speed, and location. Register published on April 11, 2000 Montreal, Quebec, Canada. CP operates The CN dispatchers are covered under (Volume 65, Number 70; Pages 19477– approximately 6 to 8 trains a day over their company drug and alcohol policies 78) or you may visit http://dms.dot.gov. this segment. The trackage is operated and their dispatching office is under 24- under a Centralized Traffic Control Issued in Washington, DC on June 11, hour security. Transport Canada Rail system and consists of two main tracks 2003. Safety Directorate has the legislative for the entire 1.8 mile distance. safety jurisdiction over CN in Grady C. Cothen, Jr., Movements are governed by the accordance with the provisions Deputy Associate Administrator for Safety Canadian Rail Operating Rules (CROR) contained in the Railway Safety Act Standards and Program Development. and CP’s Timetable and Special over all federally regulated railways [FR Doc. 03–15394 Filed 6–17–03; 8:45 am] Instructions. CP’s train dispatchers are operating in Canada. BILLING CODE 4910–06–P covered under their company drug and

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alcohol policies and their dispatching Issued in Washington, DC, on June 11, the facts do not appear to warrant a office is under 24-hour security. 2003. hearing. If any interested party desires Transport Canada Rail Safety Grady C. Cothen, Jr., an opportunity for oral comment, they Directorate has the legislative safety Deputy Associate Administrator for Safety should notify FRA in writing before the jurisdiction over CP in accordance with Standards and Program Development. end of the comment period and specify the provisions contained in the Railway [FR Doc. 03–15391 Filed 6–17–03; 8:45 am] the basis for their request. Safety Act over all federally regulated BILLING CODE 4910–06–P All communication concerning these railways operating in Canada. proceedings should identify the Based on the foregoing, CP seeks a appropriate docket number (e.g., Waiver DEPARTMENT OF TRANSPORTATION permanent waiver of compliance from Petition Docket Number 2003–14986) 49 CFR 241.7(c), United States Federal Railroad Administration and must be submitted to the Docket Locational Requirements for Clerk, DOT Docket Management Dispatching of United States Rail Petition for Waiver of Compliance Facility, Room PL–401 (Plaza Level), Operations, to allow the continuation of 400 7th Street, SW., Washington, DC Canadian dispatching on that part of the In accordance with part 211 of Title 20590. Communications received within Windsor Subdivision located in the 49 Code of Federal Regulations (CFR), 45 days of the date of this notice will United States, between Windsor, notice is hereby given that the Federal be considered by FRA before final Ontario, Canada, and Detroit, Michigan, Railroad Administration (FRA) received action is taken. Comments received after approximately 1.8 miles. a request for a waiver of compliance that date will be considered as far as with certain requirements of its safety practicable. All written communications Interested parties are invited to standards. The individual petition is concerning these proceedings are participate in this proceeding by described below, including the party available for examination during regular submitting written views, data, or seeking relief, the regulatory provisions business hours (9 a.m.–5 p.m.) at the comments. FRA does not anticipate involved, the nature of the relief being above facility. All documents in the scheduling a public hearing in requested, and the petitioner’s public docket are also available for connection with the request for a waiver arguments in favor of relief. inspection and copying on the Internet of certain regulatory provisions. If any Dakota, Minnesota & Eastern Railroad at the docket facility’s Web site at interested party desires an opportunity http://dms.dot.gov. for oral comment, he or she should [Docket Number FRA–2003–14986] notify FRA, in writing, before the end of Dakota, Minnesota & Eastern Railroad FRA wishes to inform all potential the comment period and specify the (DM&E) seeks a waiver of compliance commenters that anyone is able to basis for his or her request. All from the provisions of the Track Safety search the electronic form of all communications concerning these Standards, 49 CFR 213.113(a), regarding comments received into any of our proceedings should identify the defective rails. dockets by the name of the individual appropriate docket number (Docket The DM&E is petitioning for a waiver submitting the comment (or signing the Number FRA 2003–15010) and must be which would provide relief from comment, if submitted on behalf of an submitted to the DOT Docket replacing rails that contain bolt hole/rail association, business, labor union, etc.). Management Facility, Room PL–401 crack-outs that emanate from the edge of You may review DOT’s complete (Plaza level) 400 Seventh Street, SW., the rail to the bolt hole ‘one’ location of Privacy Act Statement in the Federal Washington, DC 20590. All documents various rail joint locations. Register published on April 11, 2000 in the public docket, including CP’s The petitioner states that rails with (volume 65, number 70; pages 19477– detailed waiver request, are also bolt-hole/rail crack-outs up to 6″ 78), or you may visit http://dms.dot.gov. available for inspection and copying on maximum from the end of the rail to the the Internet at the docket facility’s Web Issued in Washington, DC on June 11, bolt hole ‘one’ location can be allowed 2003. site at http://dms.dot.gov. to remain in service as the broken-out Grady C. Cothen, Jr., Communications received within 30 piece of rail remains tightly held by the days of the date of this notice will be joint bars and thus poses less danger of Deputy Associate Administrator for Safety Standards and Program Development. considered by FRA before final action is breaking loose. The petitioner proposes taken. Comments received after that to institute a 10 MPH slow order at [FR Doc. 03–15399 Filed 6–17–03; 8:45 am] date will be considered as far as these locations as well as schedule daily BILLING CODE 4910–06–P practicable. All written communications visual inspections in lieu of constant concerning this proceeding are available visual inspection of each operation over DEPARTMENT OF TRANSPORTATION for examination during regular business that defect (for up to no more than 30 hours (9 a.m.–5 p.m.) at the above days for any instance) by qualified Federal Railroad Administration facility. personnel as per 49 CFR 213.7. If the FRA wishes to inform all potential cracks grow greater than 6″ from the Petitions for Waivers of Compliance commenters that anyone is able to edge of rail or the rail section becomes search the electronic form of all loose, priority will be given to that In accordance with title 49 Code of comments received into any of our location for an immediate rail Federal Regulations (CFR) section dockets by the name of the individual replacement. The petitioner feels that 211.41 and 49 U.S.C. 20103, this notice submitting the comment (or signing the this will enable the DM&E to more is hereby given that the Federal Railroad comment, if submitted on behalf of an efficiently utilize its limited resources. Administration (FRA) has received a association, business, labor union, etc.). Interested parties are invited to request for a waiver of compliance from You may review DOT’s complete participate in these proceedings by certain requirements of its safety Privacy Act Statement in the Federal submitting written views, data, or regulations. The individual petition is Register published on April 11, 2000 comments. FRA does not anticipate described below, including the party (Volume 65, Number 70; Pages 19477– scheduling a public hearing in seeking relief, the regulatory provisions 78) or you may visit http://dms.dot.gov. connection with these proceedings since involved, the nature of the relief being

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