
[Federal Register: July 1, 2008 (Volume 73, Number 127)]
[Notices]               
[Page 37528]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy08-91]                         

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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) received a request for a waiver of compliance with 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-2008--0073)

    The Union Pacific Railroad Company (UP) requests relief from 
certain provisions of Title 49 CFR Part 232 Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment, and 
CFR Part 229 Railroad Locomotive Safety Standards, in order to begin 
implementation of Electronically Controlled Pneumatic (ECP) brakes. As 
well, the petition implicitly requests exemption from certain 
provisions of Chapter 203, Title 49 United States Code.
    UP's request is in line with the requests of BNSF Railway Company 
and Norfolk Southern Corporation in Docket Number FRA-2007-26435. The 
petitioner believes that this relief will permit them to implement this 
pilot program on an expedited basis, allow FRA and the industry to 
identify definable savings with ECP brake equipped train operations, 
and evaluate changes to the CFR to accommodate these operations on a 
permanent basis. UP states that implementation of ECP technology will 
require a substantial capital commitment of approximately one million 
dollars per train. Accordingly, UP requests that this waiver be in 
effect for a minimum of five (5) years.
    UP specifically requests relief from the following sections of 49 
CFR Part 232: 232.207 Class IA Brake Tests; 232.15(a)(7) Movement of 
defective equipment; 232.103(d) and 232.103(g) General requirement for 
train braking system; 232.109 Dynamic brake requirements; 232.111(b)(3) 
and (4) Train handling information; 232.205 (c)(3), (c)(4) and (c)(5) 
Class I brake tests; 232.209(a)(1) Class II brake inspection; 232.211 
Class III brake inspection; 232.217 (c)(3) Train brake tests conducted 
using yard air; 232.305 Single car airbrake tests; and 232.505(e) Pre-
revenue service acceptance testing plan. UP also requests relief from 
the requirements of 49 CFR Part 232, Subpart E related to end of train 
devices.
    UP states that the ECP brake system they will use will meet all 
current Association of American Railroad Standards for ECP brakes and 
that they will also provide all of the necessary training to both 
operating and mechanical personnel. UP also represents that this 
requested relief should provide a framework for an expedited rulemaking 
by FRA which will encourage further investment in ECP brake technology 
throughout the railroad industry.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. Although the petition 
appears to present issues that would require findings under 49 U.S.C. 
20306 (exemption for technological improvements), FRA does not 
anticipate scheduling a public hearing in connection with this request 
since two prior hearings in docket numbers FRA-2007-26435 and FRA-2006-
26175 addressed the issue of whether chapter 203 of the United States 
Code precluded the development or implementation of more efficient 
railroad transportation equipment or other transportation innovations 
as it relates to ECP brake technology. 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-
2008-0073) 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 20 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 June 25, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-14855 Filed 6-30-08; 8:45 am]

BILLING CODE 4910-06-P
