[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17644-17645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06846]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0002]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated December 30, 2013, the Union Pacific Railroad (UP) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR Part 240, Qualification and Certification of 
Locomotive Engineers, and 49 CFR Part 242, Qualification and 
Certification of Conductors. FRA assigned the petition Docket Number 
FRA-2014-0002.
    UP seeks relief from 49 CFR 240.104(b) pertaining to the criteria 
for determining whether movement of roadway maintenance equipment or a 
dual purpose vehicle requires a certified locomotive engineer. At UP's 
Roseville, CA, facility, qualified mechanical department employees 
operate car movers to switch and pull cars from designated bad order 
bowl tracks and then move the defective rolling stock to a mechanical 
car shop for repair. The railroad asserts that the car mover should not 
be considered a locomotive and should be classified as a specialized 
roadway maintenance vehicle that would not require a qualified and 
certified locomotive engineer to operate it.
    The railroad's petition states that a car mover has been used for 
years for the switching of rolling stock for repair. UP further 
indicates that it ``locks out'' the yard bowl tracks, thus providing 
the mechanical employees exclusive temporary control of specific tracks 
during movements outside the confines of the mechanical repair 
facility. Additionally, the vehicle operator is trained on physical 
operation, applicable railroad operating rules and instructions, and 
applicable Federal regulations. Finally, the qualified mechanical 
department personnel are tested under the provisions of 49 CFR 217.9, 
Program of operational tests and inspections; recordkeeping, and 49 CFR 
Part 218, Railroad Operating Practices, Subpart F.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 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 May 12, 2014 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.
    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the

[[Page 17645]]

Federal Register published on April 11, 2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-06846 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-06-P