[Federal Register Volume 74, Number 246 (Thursday, December 24, 2009)]
[Notices]
[Page 68445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30277]


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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 from the requirements of 
Title 49 CFR Part 236, as detailed below.

Union Pacific Railroad Company

[Docket Number FRA-2009-0117]

    The Union Pacific Railroad (UP) seeks relief from the requirements 
of the Rules, Standards, and Instructions, Title 49 CFR Part 236. 
Specifically, UP seeks relief from the requirements of Subpart A, Rules 
and Instructions: All Systems, Section 236.109 Time releases, timing 
relays and timing devices; regarding performance of timing duration 
test on timers with variable settings at an interval of not less than 
once every 12 months. UP seeks to extend periodic testing requirements 
of non-adjustable timers from at least once every 12 months to every 4 
years after initial testing has been completed at all interlockings, 
control points, and other signal locations controlled by 
microprocessor-based equipment. This request for relief proposes to use 
alternative locking test procedures at signal locations with 
microprocessor-based equipment after an initial base line time duration 
test is performed. The following proposed alternative timer tests will 
be performed every 4 years after initial testing or program change:
     Verification of the Cyclic Redundancy Check/Check Sum/
Universal Control Number of the existing location specific application 
logic to the previously tested version (baseline testing).
     Testing the duration of any timers with variable settings.
    Alternative test descriptions and procedures for timers with 
variable settings in microprocessor-based equipment would be documented 
in Carriers Signal Maintenance Standards.
    Applicant's justification for relief: The requirement for not less 
than once every 12 months testing interval at microprocessor controlled 
signal locations places an unnecessary burden on the carrier and 
provides no real safety benefit as the application program logic (and 
timer values) once installed does not change.
    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-
2009-0117) 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 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 16, 2009.
Grady C. Cothen, Jr.
 Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-30277 Filed 12-23-09; 8:45 am]
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