[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Notices]
[Pages 64626-64627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24768]


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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) received a request for a waiver of compliance with certain 
requirements of its safety standards. 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 (Waiver Petition Docket Number FRA-2004-
19199)

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain provisions of 49 CFR part 232, Brake System 
Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment. Specifically, Sec.  232.215, Transfer Train Brake Tests and 
Sec.  232.103(e), which requires at least 85% of a train's brakes to be 
operative when moving defective equipment in a train. This relief would 
apply for the movement of ``bad order'' cuts of cars from UP's former 
18th Street Yard to UP's former Armstrong Yard in Kansas City, Kansas.
    UP contends that the yard in question consists of one large end-to-
end yard, which was historically considered separate yards--the former 
18th Street Yard and the former Armstrong Yard. Both yards are 
contiguous and are connected by yard tracks, as well as a main line 
track. For purposes of clarity, the historical names of the two former 
yards will be used in this waiver.

[[Page 64627]]

    The 18th Street Yard has never had repair facilities. When cars are 
found with defective conditions, they are assembled and moved to the 
Armstrong Yard as a switching move, where repair facilities are 
located. UP states that the movement of bad order cars from the 18th 
Street Yard to the Armstrong Yards typically consists of 30 to 40 cars, 
once each day, over a distance of 1 to 2 miles (that includes crossing 
the main line for a distance of 0.5 mile), using only the locomotive 
brakes to control the movement. There are no public grade crossings 
anywhere along the route and the route is virtually flat. UP also 
states that this switching movement has been conducted this way for at 
least the last 35 years. Recently, FRA took the position that this 
movement should be treated as a ``transfer train'' movement, requiring 
a transfer train brake test. This presents a problem for UP, since many 
of the cars are bad ordered for defective brakes, and at least 85% of 
the train's brakes would have to be operative if a transfer brake test 
is required. Accordingly, UP requests a waiver from the requirements of 
performing a transfer train brake test on the bad order repair 
movements from 18th Street Yard to Armstrong Yard, as well as relief 
from the requirement that no less than 85% of a train's brake be 
operative for these movements, subject to the following conditions:
    1. After the train crew has coupled their locomotive(s) to the 
train, the brake hoses will be connected and the brake pipe pressure 
will be charged to 60 psi as indicated by an accurate gauge or an end-
of-train device at the rear of the train. After brake pipe pressure has 
been adequately charged, the train would receive a Class III brake test 
as prescribed in Sec.  232.211(b).
    2. Trains will be restricted to 10 mph when moving between the two 
yards.
    3. UP shall immediately notify FRA of any accident during these 
movements.
    Since UP has been conducting these moves as ``switching movements'' 
for at least the last 35 years, with only the locomotive brakes 
controlling the movements, they do not believe that safety will be 
compromised if the waiver is granted with the above conditions. Under 
this conditional waiver, the movement will have train brakes, in 
addition to the locomotive brakes. UP cites two waivers that FRA has 
previously granted allowing road trains to move 2 to 3 miles before a 
brake test is performed, FRA Docket 2002-13253 and FRA Docket 2002-
13399.
    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-
2004-19199) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th 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.) 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.
    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). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on November 1, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator.
[FR Doc. 04-24768 Filed 11-3-04; 8:45 am]
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