
[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]               
[Page 54223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se10-129]                         

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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

(Waiver Petition Docket Number FRA-2010-0125)

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance with certain requirements of 49 CFR Part 232--Brake System 
Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment; End-of Train Devices, CFR Part 229--Railroad Locomotive 
Safety Standards, and CFR Part 215--Railroad Freight Car Safety 
Standards. Specifically, UP seeks relief to permit trains received at 
the U.S./Mexico border at El Paso, Texas, from the Ferrocarriles 
Nacionales de Mexico (FXE) to move from the interchange point without 
performing the regulatory tests and inspections specified in Part 215, 
Sec.  229.21, and Sec.  232.205(a)(1), at that location.
    UP proposes moving the trains from the FXE interchange point at the 
International Yard on the Lordsburg subdivision to the UP's Dallas St. 
yard, a distance of 2.8 miles, without the need to comply with the 
requirements of those parts of the CFR as noted above. A Class III 
brake test under Sec.  232.211 would be performed prior to departing 
the International Yard.
    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-
2010-0125) 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 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 30, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-22003 Filed 9-2-10; 8:45 am]
BILLING CODE 4910-06-P

