
[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Notices]               
[Page 65399-65400]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc10-139]                         

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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-2010-0145]

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain provisions of 49 CFR part 232, Brake System 
Safety Standards. Specifically, UP has petitioned FRA for a 
determination that the engineering principles used in its design of its 
Continuous Speed Control Yard located at Roseville, California, are a 
sufficient primary retarder to prevent equipment rollouts and act as an 
acceptable form of alternate securement under 49 CFR 232.103(n)(1), 
Securement of unattended equipment.
    UP states that the Continuous Speed Control System is unique from 
conventional hump yards because thousands of small piston capsule 
retarders (in lieu of the use of two or three large retarders) are 
strategically located to control each freight car's speed to deliver 
into its assigned track at a safe coupling speed. This use of capsule 
retarders allow for a streamline yard design which allows more moderate 
curves, a lower hump, and gentler grades resulting in lower speeds in 
the switching area. UP additionally states that the design elements of 
the Continuous Speed Control System meets American Railway Engineering 
and Maintenance-of-Way Association (AREMA) practice for safe and 
effective operation as presented in Section 2.4 of the AREMA Manual for 
Railway Engineering. UP also states that the design of Roseville yard 
is improving safety by eliminating the need to have employees enter the 
active bowl tracks and tie additional handbrakes. Therefore, UP seeks a 
determination that the engineering principles used in its design of 
Roseville yard are sufficient to be an acceptable form of primary 
securement when combined with the use of skates as secondary 
securement.
    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-
2010-0145) 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.


[[Page 65400]]


    Issued in Washington, DC, on October 18, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-26681 Filed 10-21-10; 8:45 am]
BILLING CODE 4910-06-P

