[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71717-71718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27901]


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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-2007-
28454)

    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, UP seeks relief from the requirement in Sec.  
232.305(b)(2) to perform a single car air brake test (SCABT) when a 
``car is on a shop or repair track, as defined in Sec.  232.303(a), for 
any reason and has not received a single car air brake test within the 
previous 12-month period.''
    UP submitted a similar request in 2007, which was assigned Docket 
Number FRA-2007-28454. On September 12, 2008, FRA issued a letter to UP 
denying the 2007 waiver request because, ``[t]he petition was ambiguous 
regarding the scope of the relief requested'' and it lacked sufficient 
information to support the relief sought.
    Subsequently, UP petitioned for reconsideration of FRA's decision 
to deny its 2007 request. On October 30, 2008, UP withdrew its request 
that FRA reconsider its denial and at the same time, UP submitted a new 
waiver petition, requesting similar relief as in 2007, but including 
new information and data supporting its request. Because this new 
waiver petition involves the same subject matter as UP's previous 
request, FRA is utilizing the same docket number (FRA-2007-28454), and 
publishing this new public notice of the request. In light of the new 
data provided by UP, FRA will conduct a new investigation of the facts 
and the merits of the request. Accordingly, comments submitted to the 
docket prior to UP's October 30, 2008 petition, will not be considered 
in FRA's evaluation of this new request.
    UP seeks relief from the regulation to the extent necessary to 
permit the replacement of non FRA-condemnable wheelsets on railcars as 
part of an in-train wheelset replacement program, without the need to 
also perform SCABTs required by Sec.  232.305(b)(2). UP seeks relief 
such that only railcars with FRA-condemnable wheels and cars due for 5-
year SCABTs within 6 months would require and receive SCABTs. UP 
requests that this relief apply to all UP unit trains.
    In its petition, UP explains that it implemented the in-train 
wheelset replacement program beginning in August 2006, as a means to 
aggressively identify and replace wheelsets with irregularities, 
thereby reducing the number of derailments due to broken rails, joint 
bars, defective wheels and bearings. In-train wheelset replacements can 
be done by UP mechanical forces in as little as 15 minutes with no need 
to remove the cars from trains. This in turn reduces the number of 
switching events that would otherwise be required to affect the 
repairs, further reducing the risk of injury and derailment. In North 
Platte, UP estimates that switching moves have been reduced by at least 
20,000 annually (conservative estimate). Further, UP notes that this 
in-train wheelset replacement program permits UP to replace 
approximately 25 percent more wheelsets than it did using traditional 
wheelset placement techniques.
    UP explains that cars with defective wheelsets are identified by 
wayside defect detectors at various locations before the trains reach 
the terminal. These wayside detectors identify the following conditions 
requiring wheelset replacements: (1) Wheels causing excessive impacts, 
which are measured in kips, or units of 1,000 pounds (currently, AAR 
allows carriers to replace wheels exerting impacts of 90 kips or more); 
(2) wheels with high flanges, thin flanges, or other geometrical 
irregularities; and (3) defective bearings. If left unchecked, any of 
these conditions can develop into more advanced defects posing higher 
risks of wheel or axle failures, along with undue forces on track 
structures leading to rail breaks.
    UP states that since the program has been in effect, wheelset 
related derailments have decreased. Bearing-related derailments have 
also decreased. UP concludes from their data that if the in-train 
wheelset program were to stop, there would be four to five additional 
wheelset related derailments annually. Moreover, UP believes that most 
SCABTs do not reveal any defects. According to UP, a sample of 2008 
data indicated that only 12.08 percent of all railcars undergoing 
SCABTs on UPs rail network were found to have brake-related defects. UP 
notes that for coal cars, the defect was lower yet, at 3.05 percent. 
Accordingly, UP asserts that given the low number of defects revealed 
by SCABTs and the high safety benefits of in-train wheelset 
replacements, there is no justification for requiring SCABTs for the 
in-train wheelset replacement program.
    While UP seeks relief from performing the many SCABTs associated 
with in-train wheelset replacements, UP understands the importance of 
complying with the 5-year SCABT requirement. To address this, during 
recent years UP has upgraded its information systems to automatically 
flag railcars that are due for a 5-year SCABT within 90 days. On 
January 1, 2009, the system will flag cars within 6 months of a 5-year 
SCABT. UP states that if FRA grants this waiver request, UP will 
perform a SCABT on any railcar undergoing an in-train wheelset 
replacement that is due for a 5-year SCABT in the following 6 months. 
However, UP states that if this relief is not granted, it would be 
forced to reduce the number of wheelset replacements it makes, or even 
eliminate the in-train wheelset replacement program in some locations. 
UP asserts that this would negate the derailment prevention and safety 
gains associated with the in-train wheelset replacement program. UP 
asserts that the delays and disruption of performing a SCABT on every 
car that has not received such a test in the previous 12 months 
(roughly 50 percent) would be intolerable. UP also asserts that many of 
the mechanical forces that currently perform in-train wheelset 
replacements could be displaced. Finally, UP asserts that requiring the 
railroad to perform time-consuming and unnecessary SCABTs on railcars 
that do not contain FRA-condemnable defects would improperly penalize 
UP for its innovative and safety-enhancing in-train wheelset 
replacement program, as well as discourage further investment in 
emerging technologies including

[[Page 71718]]

wayside and onboard monitoring, and ECP braking.
    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 (Docket No. FRA-2007-28454) and may be 
submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 30 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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, 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 (65 FR 19477).

    Issued in Washington, DC, on November 19, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-27901 Filed 11-24-08; 8:45 am]
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