[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Page 31582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15186]



Federal Railroad Administration

Petition for Waivers of Compliance

    In accordance with 49 CFR Sections 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 petition is described 
below, including the regulatory provisions involved, the nature of the 
relief being requested and the petitioner's arguments in favor of 

Union Pacific Railroad Company

FRA Docket Number H-98-3

    The Union Pacific Railroad Company (UP) seeks a temporary waiver of 
compliance with certain provisions of the Locomotive Safety Standards 
(49 CFR 229) for approximately 30 trains to be determined prior to 
commencement of the test. UP is seeking relief, for a six month test 
period, from the requirements of Section 229.21 that requires each 
locomotive in use to be inspected once each calendar day, and Section 
229.9(b)(1), which provides that if a locomotive develops a non-
complying condition enroute, it may continue to utilize its propelling 
motors only until the next calendar day inspection if the calendar day 
inspection is earlier than the nearest forward repair point.
    Under the purposed waiver the UP would have mechanical department 
employees perform locomotive inspections prior to each trip, with the 
next inspection not being due until the locomotive reaches its final 
destination. If a locomotive develops a non-complying condition enroute 
and all provisions of 229.9 are otherwise met the locomotive may 
continue to the next point to where repairs can be made. Locomotives 
not receiving an inspection by mechanical department employees will 
continue to require a calendar day inspection.
    Interested parties are invited to participate in these proceedings 
by submitting written reviews, 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 H-98-3,) 
and must be submitted in triplicate to the Docket Clerk, Chief Counsel, 
Federal Railroad Administration, Nassif Building, 400 Seventh Street, 
SW, Mail Stop 25, Washington, DC 20590. Communications received within 
45 days from the publication 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 FRA's temporary relocation 1120 Vermont Ave. NW, room 7051, 
Washington, DC 20005.

    Issued in Washington, D.C. on June 3, 1998.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
[FR Doc. 98-15186 Filed 6-8-98; 8:45 am]