E7-13027. Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236

Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236 as detailed below.

Applicants: Rock and Rail, LLC, Mr. Franklin Lloyd, President, P.O. Box 1026, Cañon City, Colorado 81215.

Cañon City and Royal Gorge Railroad, LCC, Mr. Mark Greksa, Owner/Manager, P.O. Box 859, Georgetown, Colorado 80444.

Union Pacific Railroad, Mr. Bill Breeden, General Director, Maintenance of Way, 1400 Douglas Street, Stop 0910, Omaha, Nebraska 68179.

Rock and Rail, LLC, and Cañon City and Royal Gorge Railroad, LLC, collectively (RGX) and the Union Pacific Railroad Company (UP) jointly seek approval of the proposed conversion of the existing traffic control system to an automatic block signal system on the single main track and sidings between Cañon City, Colorado, Milepost 159.2, and East Parkdale, Colorado, Milepost 169.9, on the former UP Denver Area, Tennessee Pass Subdivision, a distance of approximately 10.7 miles. The proposed changes include the removal of the power-operated switch machines from the control points at East and West Cañon City and East and West Parkdale, and their replacement with manual switch operating devices. In addition, the proposed changes include the removal of the electric switch locks from switches at Mileposts 159.2, 159.5, 159.9, and 160.1.

The reason given for the proposed changes is due to the Applicants' operational plan, which features a significant reduction in the size and number of trains, and reduction in hours of operation compared to the time when UP operated the trackage as a mainline through route. The UP closed the trackage as a through route in August 1997, and in 1998 sold the portion of trackage from Cañon City to Parkdale to RGX. The line was severed and RGX acquired a stub-ended branch line, accessible only from the Cañon City end of the line, with no potential for through traffic.

Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above.

FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing.

All communications concerning this proceeding should be identified by Docket Number FRA-2007-28293 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: [phone];
• Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; or
• Hand Delivery: Room W12-140 of the U.S. Department of Transportation, West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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.

FRA wishes to inform all potential commenters that 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, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit http://dms.dot.gov.

Issued in Washington, DC, on June 28, 2007.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.