[Federal Register Volume 72, Number 168 (Thursday, August 30, 2007)]
[Notices]
[Page 50160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17189]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


 Notice of Application for Approval of Discontinuance or 
Modification of a Railroad Signal System or Relief From the 
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 
49 U.S.C. 20502(a), the following railroad has petitioned the Federal 
Railroad Administration (FRA) seeking approval for the discontinuance 
or modification of the signal system or relief from the requirements of 
49 CFR part 236, as detailed below.

Docket Number: FRA-2006-25630.

Applicant: Union Pacific Railroad, Mr. W.E. Wimmer, Vice President 
Engineering, 1400 Douglas Street, Stop 0910, Omaha, Nebraska 68179.

    The Union Pacific Railroad Company (UP) has requested that FRA 
review its September 20, 2006, decision to deny the UP waiver request 
identified as Docket Number FRA-2006-25630. UP seeks approval of the 
proposed petition for waiver from certain portions of 49 CFR Parts 234 
and 236 pertaining to monthly inspections, observations, and tests. UP 
requests that rules presently reading ``at least once each month'' be 
modified to read ``at least once each calendar month with at least 20 
calendar days interval between'' the applicable inspection, 
observation, or test.
    The reason UP has given for the proposed changes is that its signal 
department does not have dedicated inspectors to conduct monthly 
inspections. UP points out that the nature of signal business is better 
served when the person doing the inspections is also the person who 
does the maintenance. While responsible for most of their signal 
inspections, UP's signal maintainers also work in support of other 
engineering groups and need to participate in rail replacement, switch 
component renewal, road crossing work, and a variety of other track-
related activities. Given this support-role requirement, UP says it is 
very difficult for its signal maintainers to commit specific days of 
the month to complete each of their required inspections, rendering the 
need to be able to move their scheduled inspections a few days ahead or 
back.
    Any interested party desiring to protest the granting of an 
application shall set forth specifically the grounds upon which the 
protest is made, including a concise statement of the interest of the 
party in the proceeding. Additionally, one copy of the protest shall be 
furnished to the applicant at the address listed above.
    FRA expects to be able to determine these matters without an oral 
hearing. However, if a specific request for an oral hearing is 
accompanied by a showing that the party is unable to adequately present 
his or her position by written statements, an application may be set 
for public hearing.
    All communications concerning this proceeding should be identified 
by Docket Number FRA-2006-25630 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, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590; or
     Hand Delivery: Room W12-140 of the U.S. Department of 
Transportation, West Building Ground Floor, 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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.
    FRA wishes to inform all potential commenters that 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) or you may visit http://dms.dot.gov.

    Issued in Washington, DC, on August 24, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E7-17189 Filed 8-29-07; 8:45 am]
BILLING CODE 4910-06-P