[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Notices]
[Page 36328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17371]



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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for a Waiver of Compliance

    In accordance with 49 CFR 211.9 and 211.41, notice is hereby given 
that the Federal Railroad Administration (FRA) has received a request 
for a waiver of compliance with certain requirements of the Federal 
safety laws and regulations. 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.

Union Pacific Railroad (UP)

Docket Number LI-95-15

    The UP is seeking a waiver of compliance from certain sections of 
the Railroad Locomotive Safety Standards, 49 CFR Part 229. The UP 
request is for a temporary waiver of the reporting requirements of 
Sec. 229.21(a), Daily Inspection, which requires that each locomotive 
in use must be inspected at least once during each calendar day. A 
written report of the inspection shall be made. The report shall 
contain the name of the carrier, the initial and number of the 
locomotive, the place, date and time of the inspection, a description 
of the noncomplying condition disclosed by the inspection, and the 
signature of the employee making the inspection. Any conditions that 
constitute noncompliance with any requirements with Part 229 shall be 
repaired before the locomotive is used and the person making the 
repairs shall sign the report. The report shall be filed and retained 
for at least 92 days in the office of the carrier at the terminal at 
which the locomotive is cared for.
    The waiver would be for a six month period on a limited portion of 
the UP railroad to permit relief from the requirements that reports of 
the locomotive daily inspections be in (1) paper form (UPRR Form 
25005), (2) signed by the person performing the inspections and (3) 
signed by the person performing the repairs when applicable. The UP 
proposes to enter and store the reports in a computerized system 
utilizing electronic signatures. The project would be on the UP 
railroad in the States of Oregon (OR) and Washington (WA) bound by 
Hinkle, OR, Spokane, WA, Albina (Portland), OR, and Seattle, WA.
    The locomotive inspection reports would be entered into a computer 
by the personnel involved in the inspections and repairs using an 
electronic signature. Each employee subject to making entries into this 
electronic system would be required to LOGON in the computer with a 
unique User ID and Password known only to that employee. The UP states 
that the computer program would record the User ID and name of the 
employee for future reference should it be needed. Also, another 
advantage of this process is that the daily inspection records would be 
stored in the computer for the 92-day period required by the 
regulation. The computer stored records could be readily recalled at 
any location on the UP for inspection by FRA personnel. A joint UP and 
Brotherhood of Locomotive Engineers task force developed the computer 
based system for logging the reports through the use of a series of 
input screens that are part of a computerized tieup process called =TE. 
The UP states that the computer based reporting of the daily inspection 
would have no adverse affect upon the safety of train operations.
    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 LI-95-
15) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street SW., Washington, DC 20590. 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.) in Room 8201, Nassif Building, 400 Seventh Street 
SW., Washington, DC 20590.

    Issued in Washington, DC on July 11, 1995.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-17371 Filed 7-13-95; 8:45 am]
BILLING CODE 4910-06-P