
[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Notices]               
[Page 62632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no09-109]                         

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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.

Union Pacific Railroad Company

[Docket Number FRA-2007-28454]

    By a letter dated January 16, 2009, FRA granted conditional relief 
in response to the petition filed by the Union Pacific Railroad Company 
(UP) for a waiver of compliance from 49 CFR 232.305(b)(2) Single car 
air brake tests as it relates to UP's in-train wheel-set replacement 
program. Specifically, UP sought relief from the regulation to the 
extent necessary to permit the replacement of non-FRA-condemnable 
wheel-sets on railcars as part of an in-train wheel-set replacement 
program without the need to also perform single car air brake tests 
(SCABT) as required by Sec.  232.305(b)(2), if the car has not received 
a SCABT within the previous 12 months. UP now, by a letter dated June 
5, 2009, seeks revision of Condition 6 of FRA's January 16, 2009, 
letter. Condition 6 requires the identification and removal of wheels 
exerting 100 kips or greater, or exerting 90 kips and an acoustic 
bearing detector defect, when the car is empty at the first in-train 
wheel replacement location. UP's complete request can be reviewed at 
http://www.regulations.gov under the docket number listed above.
    UP states that the threshold of ``100 kips'' in Condition 6 is 
onerous, is contrary to UP's and other railroads experience of this 
threshold as being close to 140 kips, is not a requirement in 49 CFR 
regulations, is an unnecessarily strict standard exclusive to UP's in-
train wheel-set replacement program, places UP in a different category 
than other railroads, and hampers UP's innovative and voluntary effort 
to improve safety by allowing it to replace an increased numbers of 
wheel-sets with incipient defects. As a result, UP requests that FRA 
modify this condition to require replacement of wheels exerting 140 
kips or greater, or wheels exerting 90 kips in conjunction with 
acoustic bearing detector defects.
    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-
2007-28454) 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, D.C. 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 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 November 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-28480 Filed 11-27-09; 8:45 am]

BILLING CODE 4910-06-P
