[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44966-44967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18212]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0048]


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 letter dated 
May 14, 2014, Union Pacific Railroad (UP), 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 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment, End-of-Train Devices; 49 CFR part 229, 
Railroad Locomotive Safety Standards; and 49 CFR part 215, Railroad 
Freight Car Safety Standards; for locomotives and freight cars received 
in interchange at El Paso, TX, from the Ferrocarriles Nacionales de 
Mexico (FXE). FRA assigned the petition Docket Number FRA-2014-0048.
    Specifically, UP seeks relief from 49 CFR sections 232.205--Class I 
brake test-initial terminal inspection, 229.21--Daily inspection, and 
Part 215--Freight Car Standards, to permit movement from the FXE 
interchange point at International Yard on the Lordsburg Subdivision to 
UP's Dallas Street Yard for westbound traffic, a distance of 2.8 miles; 
and to the UP Alfalfa Yard for eastbound traffic, a distance of 7 miles 
without complying with the requirements of the above noted regulations. 
UP currently receives three trains traveling north from Mexico (two 
auto trains and one manifest train with intermodal cars) and delivers 
three trains south to Mexico (two manifest trains and one auto train) 
on a daily basis through the El Paso, TX, River International Yard. 
Recently, there have been reports of gunfire heard across the border. 
These reported gunshots are within close proximity to UP employees and 
contractors. Moreover, many Federal employees, including U.S. Customs 
and Border Protection agents, U.S. Department of Agriculture Inspecting 
agents, and FRA inspectors work in the area as well. UP stated that the 
requested waiver will have no adverse effect on the safety of 
operations and will greatly reduce risks associated with these 
operations. UP further stated that FRA granted agreements allowing 
trains to be moved several miles without Class 1 air brake tests at 
other cross-border gateways with similar risks.
    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 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 by September 2, 2014 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.

[[Page 44967]]

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

    Issued in Washington, DC, on July 17, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-18212 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-06-P