[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Notices]
[Pages 29779-29780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11699]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety 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 Company

[Docket Number FRA-2004-17565]

    Union Pacific Railroad Company (UP) seeks to obtain a waiver of 
certain provisions of the Safety Appliance Standards, 49 CFR part 231, 
and Power Brakes and Drawbars regulations, 49 CFR part 232, concerning 
the operation of RoadRailer equipment in Triple Crown Service over 
their railroad system. Specifically, the UP requests that it be allowed 
to operate RoadRailer trains from Chicago, IL to Minneapolis, MN and 
return. The UP requests FRA to grant approval to operate the Roadrailer 
equipment to include the following conditions:
    1. This waiver applies only to the UPRR Roadrailer equipment 
operation.
    2. Interchange will only be permitted with a railroad that has a 
comparable waiver to operate RoadRailer equipment.
    3. RoadRailer equipment shall not be commingled with conventional 
railroad rolling equipment. RoadRailer units shall only be operated in 
trains consisting exclusively of RoadRailer units and locomotives.
    4. RoadRailer trains shall be limited to a maximum trailing tonnage 
of 5,200 tons and will be further limited by RoadRailer total gross 
rail load, track grade and curvatures.
    5. At no time shall the train length exceed the equivalent of 150 
Mark V RoadRailer units.
    6. An adapter unit (couplermate bogie) must be used between the 
hauling locomotive and the first RoadRailer unit in the train.
    7. Each adapter unit (couplermate bogie) shall be equipped with a 
tool box containing appropriate instructions, job aids, and the 
necessary tools and equipment required to address problems that may be 
encountered in route by the train crew.
    8. Trains will only be permitted to pick-up or set-out RoadRailer 
units at locations specifically designed to perform these functions 
with mechanical personnel that are trained and on duty for the purpose 
of assembly and disassembly of RoadRailer units unless a defective 
condition develops in route that would require a RoadRailer unit to be 
set-out of the train.
    9. Hazardous materials are permitted to be hauled in RoadRailer 
units provided: (1) The particular commodities are limited to those 
listed in Table 2 of 49 CFR 172.504; (2) the shipment complies with 
other relevant provisions of the hazardous materials regulations; (3) 
placarding provisions of 49 CFR subpart F of part 172 shall apply 
during rail movements; and (4) cargo tanks, multi-unit tank car tanks, 
portable tanks and intermodal (1M) portable tanks handling hazardous 
materials are not permitted in this service.
    10. Each RoadRailer-43 adapter unit (couplermate bogie) that does 
not have safety appliances that are compliant with current federal 
regulations (with the exception of the handbrake), must be stenciled on 
each side, in clearly legible letters not less than 6 inches high, ``NO 
SAFETY APPLIANCES'' and ``DO NOT RIDE'', at a location that is visible 
to a person walking at track level beside the unit.
    11. UPRR shall have instructions that prohibits anyone from riding 
RoadRailer equipment unless it is an adapter unit (couplermate bogie) 
specifically designed to be ridden and is not stenciled as required in 
condition 10. Strict enforcement of this rule is required.
    12. New terminal facilities for RoadRailer equipment shall, to the 
extent feasible, be designed to limit the frequency and length of 
reverse movements. Reverse movements of RoadRailer equipment, with 
personnel riding couplermates equipped with compliant safety 
appliances, shall not exceed 10 miles per hour.
    13. Whenever a shoving move of RoadRailer equipment is required, 
the

[[Page 29780]]

movement shall be protected by either; an individual riding an adapter 
unit (couplermate bogie) specifically designed to be ridden, or by an 
individual walking with the movements and the speed of the move shall 
not exceed that of the individual walking.
    14. Maximum speed of a RoadRailer train is 60 MPH, unless the 
RoadRailer units are equipped with AAR-1 B narrow flange profile 
(40 taper) and maintained in that condition whereby the 
maximum speed shall be 70 MPH.
    15. Piston travel at initial terminal shall be 1.25 to 3.5 inches.
    16. The air brake shall be considered ineffective at 3-5/8 inches 
piston travel.
    17. UPRR shall ensure that adequate records are maintained to 
demonstrate all personnel (including contractors) responsible for 
assembly, inspection, testing, maintenance and operation of RoadRailer 
equipment have been trained and qualified to perform those duties prior 
to undertaking them, including instruction in the provisions of this 
waiver pertinent to their duties. Training for railroad operating and 
mechanical personnel, who may encounter the equipment, shall 
specifically include training necessary to provide for their personal 
safety when working on or in proximity to the equipment. Supervisors 
shall also possess the knowledge and skills required of employees 
subject to their direct supervision. Effective coincident with 
compliance dates established for revisions to 49 CFR part 232, all 
personnel required to receive training subject to this condition shall 
have their qualifications for duties, related to RoadRailer equipment, 
documented in the same manner provided in that part.
    18. UPRR shall ensure that adequate records are maintained to 
demonstrate the current qualification status of all personnel assigned 
to operate, inspect, test, and maintain RoadRailer equipment.
    19. UPRR supervisors or their representatives shall exercise 
oversight or undertake contractual arrangements to ensure that all 
tasks and maintenance/repair practices are performed in accordance with 
the railroad's written procedures, applicable standards and recommended 
practices of the AAR, current AAR interchange rules, and all applicable 
Federal Regulatory requirements.
    20. UPRR shall immediately report any accident, incident or injury 
involving this equipment to FRA's Office of Safety Assurance and 
Compliance in Washington, DC.
    21. FRA will reserve the right to modify or rescind this waiver at 
any time upon receipt of information pertaining to the safety of rail 
operations or in the event of non-compliance with any of the conditions 
of this waiver.
    22. UPRR requests that this waiver is effective for a five-year 
period from the date of approval of the requested waiver and FRA will 
reserve the right to extend the waiver if petition having been made and 
conditions warrant. UPRR will make a written request for an extension 
of the five-year period to the FRA's Office of Safety Assurance and 
compliance within six months of the granted expiration date.
    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 FRA-
2004-17565) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, Room PL-401, Washington, DC 
20590-0001. FRA will consider communications received within 30 days of 
the date of this notice 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 DOT 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 
Seventh Street, SW., Washington, DC 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.
    Anyone is able to search th electronics form of all comments 
received into any of our dockets by 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 Privacy 
Act Statement in the Federal Register published on April 11, 2000 
(Volume 65, Number 70; Pages 19477-78). The Statement may also be found 
at http://dms.dot.gov.

    Issued in Washington, DC on May 19, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-11699 Filed 5-24-04; 8:45 am]
BILLING CODE 4910-06-P