[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66407-66408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29764]


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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) has received a request for a waiver of compliance from 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.

CSX Transportation, Inc.

[Docket Number FRA-2007-26965]

    The CSX Transportation, Inc. (CSXT) seeks an extension of the 
relief previously granted under Docket Number FRA-2007-26965. The 
original request granted conditional approval on January 18, 2008, for 
relief from the requirements of the Rules, Standards and Instructions, 
Title 49 CFR part 236, Sec.  236.586--Daily or after trip test. 
Specifically, CSXT requested that a visual inspection not be required 
as part of the daily or after trip test performed on locomotives 
equipped with microprocessor equipment during a proposed test period. 
For purposes of most effective monitoring, clarity of the remaining 
required cab signal testing and associated record-keeping, as well as 
consistency with a similar request from another railroad, FRA granted 
CSXT relief from the requirement of performing the test prescribed by 
Sec.  236.586 on microprocessor-based automatic cab signal, train stop, 
and train control systems for a 2-year test period.
    Applicant's justification for the extension: Over the past 18 
months, CSXT has not seen any notable increase or decrease in 
locomotive shoppings as a result of not performing a daily or after-
trip test prior to entering equipped territory.
    CSXT further request that they be allowed to conduct the currently 
required quarterly performance review on a semi-annual basis, with all 
other conditions of the January 18, 2007, letter to be abided with.
    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-
2007-26965) 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 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://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

[[Page 66408]]

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) or at http://www.dot.gov/privacy.html.


    Issued in Washington, DC, on December 7, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-29764 Filed 12-14-09; 8:45 am]
BILLING CODE 4910-06-P