[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Notices]
[Pages 68885-68886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20096]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) Part 
211, notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance from certain 
Federal railroad safety requirements. 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-2006-25765]

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain provisions of Brake System Safety Standards for 
Freight and Other Non-passenger Trains and Equipment, End of Train 
Devices, 49 CFR part 232; Freight Car Safety Standards, 49 CFR part 
215; and Locomotive Safety Standards, 49 CFR part 229. Specifically, UP 
requests that the following regulations be waived to permit run-through 
trains that originate in Mexico and are interchanged with the UP at the 
Laredo, Texas Gateway, in order to operate into the interior of the 
United States without having to perform any additional train or 
locomotive inspections at the U.S./Mexican border: Class I Brake Test--
Initial Terminal Inspection, 49 CFR 232.205; Inspection and Test of the 
End-of-Train Devices, 49 CFR 232.409; Pre-departure Inspection, 49 CFR 
215.13; and Daily Inspection, 49 CFR 229.21.
    Currently, the Federal Railroad Administration (FRA) requires 
mechanical inspections and tests for all trains and equipment that 
enter the United States from Mexico. UP states in its waiver request 
that these trains are pre-blocked in Mexico and given the

[[Page 68886]]

necessary tests and inspections by the Kansas City Southern de Mexico 
(KCSM) and/or their contractor at KCSM's Nuevo Laredo/Sanchez yards. UP 
contends that all of these tests and inspections are performed to the 
standards prescribed by 49 CFR parts 232, 215, and 229. In addition, 
KCSM has provided written consent for FRA inspectors to inspect their 
facilities and observe the personnel involved with performing the 
required tests and inspections. UP believes that this waiver is 
warranted since these trains travel only a few miles before they cross 
the border and receive another test and inspection in the United 
States. UP submits that if this request is granted, it will save 
approximately 5 hours per run-through train, greatly reducing 
congestion and increasing the capacity at the Laredo Gateway.
    Both the UP and KCSM are parties of this waiver request, with KCSM 
performing the required inspections and tests and UP operating the 
trains into the interior of the United States. Both railroads will be 
responsible for maintaining the records required by applicable 
regulations. Access to the records will be provided in the United 
States by either the UP or Kansas City Southern.
    It must be noted that UP made a similar waiver request on July 23, 
2004, (Docket No. FRA-2004-18746) petitioning FRA to permit trains to 
travel into the interior of the United States without receiving any 
mechanical inspection or test at the border, based on Transportacion 
Ferroviaria Mexicana (TFM) performing the required tests and 
inspections at TFM's facility in Nuevo Laredo (See 69 FR 48558). This 
request was reviewed by the FRA Safety Board and denied for several 
reasons. All information regarding this request can be obtained as 
indicated below.
    Interested parties are invited to participate in these proceedings 
by submitting written 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 this petition should identify the 
appropriate docket number (FRA-2006-25765) 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: 202-493-2251;
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Communication received within 45 days of the date of this notice 
will be considered by FRA prior to final action being taken. Comments 
received after that date will be considered to the extent 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 on behalf of an 
association, business, labor union, etc.). You may review the 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 22, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-20096 Filed 11-27-06; 8:45 am]
BILLING CODE 4910-06-P