[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Notices]
[Pages 36308-36309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17317]


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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), 
Sections 211.9 and 211.41, notice is hereby given that the Federal 
Railroad Administration (FRA) has received a request for a waiver of 
compliance with certain requirements of Federal railroad safety 
regulations. The 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-2006-25862]

    On October 6, 2007, FRA granted the Union Pacific Railroad Company 
(UP) a temporary conditional waiver from certain provisions of 49 CFR 
part 240 (Qualification and Certification of Locomotive Engineers). The 
regulatory relief was granted in connection with implementation of a 
Close Call Reporting System (C3RS) Demonstration Pilot Project 
involving UP's North Platt Service Unit. The C3RS Demonstration Pilot 
Project is sponsored by FRA's Office of Research and Development and is 
one of the action items included in FRA's Rail Safety Action Plan 
initiated in 2006. Background documentation related to the existing 
regulatory relief granted is available under Docket Number FRA-2006-
25862, available online at http://www.regulations.gov.
    In 2008, FRA amended 49 CFR part 218 (Railroad Operating Practices) 
to include Subpart F pertaining to handling equipment, switches, and 
fixed derails. In its current request, UP has asked that FRA amend the 
existing waiver in this docket to provide relief from certain 
provisions of Subpart F of Part 218. Specifically, for properly 
reported close call events, UP requests relief from the requirements 
of: 49 CFR 218.99(b)-(e), 218.101(b)-(c), 218.103(b)-(d), 218.105(b)-
(d), 218.107(b)-(c), and 218.109(b)-(c).
    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-
2006-25862) 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 15 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

[[Page 36309]]

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 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).

    Issued in Washington, DC, on July 16, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-17317 Filed 7-21-09; 8:45 am]
BILLING CODE 4910-06-P