Petition for Waiver of Compliance, 45296-45297 [E7-15738]

Download as PDF 45296 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Notices DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Petition for Waiver of Compliance jlentini on PROD1PC65 with NOTICES 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. Docket Number: FRA–2007–27322 Applicant: Union Pacific Railroad Company, Robert M. Grimaila, Chief Safety Officer, 1400 Douglas Street, MC1180, Omaha, NE 68179–1180. The Union Pacific Railroad Company (UP) has submitted a temporary waiver petition to support field testing of its processor-based train control systems identified as Communications Based Train Control (CBTC) and Vital-Train Management System (V–TMS), pursuant to 49 CFR 211.7 and 211.51. An informational filing, as required under 49 CFR Part 236, Subpart H, has also been prepared and submitted in conjunction with this waiver petition, and can be found in the same docket as this waiver petition (FRA–2007–27322). The CBTC is a locomotive-centric, non-vital system designed to be overlaid on existing methods of operation and is intended to provide an improved level of safety through the enforcement of authority limits, permanent speed restrictions, and temporary speed restrictions. The V–TMS is a locomotive-centric, vital train control system designed to be overlaid on existing methods of operation and is intended to provide a high level of railroad safety through the enforcement of authority limits, permanent speed restrictions, and temporary speed restrictions. UP desires to commence CBTC/V– TMS field testing on or about October 1, 2007, or as soon as practicable thereafter, contingent upon FRA’s acceptance and approval of the informational filing and waiver petition. UP is requesting regulatory relief from the following Federal regulations: 49 CFR 216.13, Special notice for repairs—locomotive. 49 CFR 217.9, Program of operational tests and inspections: recordkeeping. 49 CFR 217.11, Program of instruction on operating rules; recordkeeping; electronic recordkeeping. VerDate Aug<31>2005 16:19 Aug 10, 2007 Jkt 211001 49 CFR Part 218 [Subpart D], Prohibition against tampering with safety devices. 49 CFR 229.7, Prohibited acts. 49 CFR 229.135, Event recorders. 49 CFR 233.9, Annual reports. 49 CFR 235.5, Changes requiring filing of application. 49 CFR 240.127, Criteria for examining skill performance. 49 CFR 240.129, Criteria for monitoring operational performance of certified engineers. The petitioner’s arguments in favor of relief from the above regulations can be found in the waiver petition document under Docket No. FRA–2007–27322, which can be viewed using Web site listed below. Relief is sought for development testing and demonstration purposes only. UP expects to fully comply with all FRA regulations, and requests the above relief only while conducting development testing of the CBTC/V– TMS or to occasionally operate a demonstration train. UP has an approved Railroad Safety Program Plan (RSPP), as provided for 49 CFR 236.905 (Docket No. FRA–2006–24002). The CBTC and V–TMS are intended to be tested and demonstrated on UP’s Overland Route between Chicago, IL, and O’Fallons, NE; between O’Fallons, NE, and Shawnee Jct., WY; and between Spokane, WA, and Eastport, ID. More detailed milepost locations and descriptions of methods of operation information on these routes can also be obtained from the waiver petition document using the above mentioned docket number, via the Web site listed below. Interested parties are invited to review the waiver petition, informational filing, and associated documents at the following locations: Web site: https://dms.dot.gov. Follow the instructions for a simple search on the DOT electronic Docket Management System. All documents in the public docket that are associated with the waiver petition are available on the Web site for inspection and copying. DOT Docket Management Facility, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Any interested parties desiring to protest the granting of the application for the requested regulatory relief listed above shall specifically set forth the grounds upon which the protest is made and include a concise statement of the interest of the party in the proceeding. Additionally, one copy should be PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 furnished to the applicant at the address listed above. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. All communications concerning this proceeding shall be identified by the docket number (FRA–2007–27322) and must be submitted to the Docket Clerk, DOT Docket Management Facility, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. Communications received within 30 days of this notice will be considered before FRA takes final action. Comments received after this period will be considered to the extent possible. All written communications concerning the above waiver request are available for examination at the above facility during regular business hours (9 a.m.–5 p.m.). All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https:// dms.dot.gov. Anyone is able to search the electronic form of all the comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). The Statement may also be found at https://dms.dot.gov. Issued in Washington, DC, on August 7, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–15760 Filed 8–10–07; 8:45 am] BILLING CODE 4910–06–P 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 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 E:\FR\FM\13AUN1.SGM 13AUN1 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Notices requested, and the petitioner’s arguments in favor of relief. jlentini on PROD1PC65 with NOTICES Union Pacific Railroad Company (Docket Number FRA–2007–28340) Union Pacific Railroad Company (UP) seeks a waiver of compliance from certain requirements of 49 CFR Part 232, Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment: End-of Train Devices; and CFR Part 215, Railroad Freight Car Safety Standards. Specifically, UP seeks relief to permit trains received at the U.S./Mexico border at Brownsville, TX, from the Kansas City Southern de Mexico Railway (KCSM), to move from the interchange point without performing the regulatory tests and inspections specified in 49 CFR Part 215 and 49 CFR section 232.205(a)(1), at that location. UP proposes moving the trains from the border at Milepost 0.7 on the Brownsville Subdivision to the UP yard at Olmito, TX, a distance of 7.9 miles, where the required FRA inspections will be performed. According to UP, the railroad has been operating in this fashion since February 2004 under the authority of a letter from the Director of FRA’s Office of Safety Assurance and Compliance. 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– 28340) and must be submitted in triplicate to the Docket Clerk, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. 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 DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, in Washington, DC. All documents in the public docket are also available for inspection and copying on VerDate Aug<31>2005 16:19 Aug 10, 2007 Jkt 211001 the Internet at the docket facility’s Web site at https://dms.dot.gov. Anyone is able to search the electronic form of all 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 19477–19478). The Statement may also be found at https://dms.dot.gov. Issued in Washington, DC, on August 7, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–15738 Filed 8–10–07; 8:45 am] 45297 Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://dms.dot.gov. 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). The Statement may also be found at https://dms.dot.gov. Issued in Washington, DC on August 7, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–15779 Filed 8–10–07; 8:45 am] BILLING CODE 4910–06–P BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Federal Transit Administration Federal Railroad Administration Availability of Environmental Management Systems Training and Assistance for State and Local Transit Agencies Railroad Safety Program Plan Although not required, notice is hereby given that the Federal Railroad Administration (FRA) has received a Railroad Safety Program Plan (RSPP) from the Union Pacific Railroad Company (UP) pursuant to Title 49 Code of Federal Regulations (CFR) Part 236, Subpart H. A brief summary of the RSPP, including the party submitting it and the requisite docket number, follows. Union Pacific Railroad Company (Docket Number FRA–2006–24002) UP submitted RSPP Version 4.3b, which is its strategic safety planning document for the development and implementation of safety-critical processor-based signal and train control systems or active highway-rail grade crossing warning systems, subject to the provisions of 49 CFR section 234.275 or 49 CFR Part 236, Subpart H. A previous version (4.3a) of the RSPP has been approved by FRA (Docket FRA–2006–24002). This new version of the RSPP does not require FRA approval, per 49 CFR Part 236, Subpart H. Interested parties are invited to review this and other associated documents at the following: Web site: https://dms.dot.gov. Click on ‘‘Simple Search’’ on the DOT electronic docket site and enter Docket Number 24002. U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Federal Transit Administration (FTA), DOT. ACTION: Notice of availability of Environmental Management Systems training and assistance. AGENCY: SUMMARY: The Federal Transit Administration (FTA) will sponsor training and assistance in Environmental Management Systems (EMS) for up to ten state and local transit agencies. EMS can play a valuable role in the establishment of sound business management practices that include concern for the environment. Adoption of environmental management systems has been shown to result in advantages in financing, insurance, marketing, regulatory compliance, and other areas of operations. FTA will sponsor assistance in the form of training workshops, on-site technical advice and consultation, including follow-up. Applications from transit agencies to participate in this training and assistance are solicited. DATES: Letters of application to participate in this training and assistance program must be received by September 7, 2007. ADDRESSES: Letters of application should be submitted to: Federal Transit Administration, Office of Planning and Environment, 1200 New Jersey Avenue, SE., Room E45–130, Washington, DC 20590, Attention: Jim Barr, Fax: (202) 366–2478. E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Notices]
[Pages 45296-45297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15738]


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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 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

[[Page 45297]]

requested, and the petitioner's arguments in favor of relief.

Union Pacific Railroad Company

(Docket Number FRA-2007-28340)

    Union Pacific Railroad Company (UP) seeks a waiver of compliance 
from certain requirements of 49 CFR Part 232, Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment: 
End-of Train Devices; and CFR Part 215, Railroad Freight Car Safety 
Standards. Specifically, UP seeks relief to permit trains received at 
the U.S./Mexico border at Brownsville, TX, from the Kansas City 
Southern de Mexico Railway (KCSM), to move from the interchange point 
without performing the regulatory tests and inspections specified in 49 
CFR Part 215 and 49 CFR section 232.205(a)(1), at that location. UP 
proposes moving the trains from the border at Milepost 0.7 on the 
Brownsville Subdivision to the UP yard at Olmito, TX, a distance of 7.9 
miles, where the required FRA inspections will be performed. According 
to UP, the railroad has been operating in this fashion since February 
2004 under the authority of a letter from the Director of FRA's Office 
of Safety Assurance and Compliance.
    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-
2007-28340) and must be submitted in triplicate to the Docket Clerk, 
1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, 
Washington, DC 20590.
    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 DOT 
Central Docket Management Facility, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, in Washington, DC. All documents 
in the public docket are also available for inspection and copying on 
the Internet at the docket facility's Web site at https://dms.dot.gov.
    Anyone is able to search the electronic form of all 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 19477-19478). The Statement 
may also be found at https://dms.dot.gov.

    Issued in Washington, DC, on August 7, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-15738 Filed 8-10-07; 8:45 am]
BILLING CODE 4910-06-P
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