Petition for Waiver of Compliance, 40655 [E8-16131]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Page 40655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16131]


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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.

Canadian National Railway Company

[Waiver Petition Docket Number FRA-2008-0060]

    The Canadian National Railway Company (CN), a Class I railroad, on 
its own behalf and for its wholly-owned United States operating 
subsidiaries, seeks a waiver of compliance from certain provisions of 
Title 49 CFR Part 232--Brake System Safety Standards. Specifically, CN 
has petitioned FRA for a clarification of Part 232.103 (n)(1) 
Securement of unattended equipment to allow a railroad to determine 
that zero is a sufficient number of hand brakes to secure equipment 
under the regulation when the railroad decides that the yard location 
is effectively leveled in the area where the cars are staged. 
Alternately, CN requests a waiver from the requirement of Part 232.103 
(n)(1) Securement of unattended equipment to allow CN to apply no 
handbrakes to hold the equipment at these specified locations:
    1. Battle Creek Yard, Battle Creek, MI;
    2. Destrehan Yard, Destrehan, LA;
    3. Flat Rock Yard, Flat Rock, MI
    4. Glenn Yard, Forest View, IL;
    5. Green Bay Yard, Green Bay, WI;
    6. Hawthorne Yard, Cicero, IL;
    7. Mays Yard, New Orleans, LA;
    8. Neenah Yard, Neenah, WI;
    9. Pokegama Yard, Pokegama, WI; and
    10. Stevens Point Yard, Stevens Point, WI.
CN has identified these locations as yards which are virtually leveled, 
or where the ends of the yard are ``bowl'' shaped to contain rolling 
equipment, and where CN maintains that equipment may be safely left 
unattended without hand brakes applied.
    Under CN's previous interpretation of Part 232.103 (n)(1), CN 
states that they previously safely operated over the past number of 
years at several of these locations with a zero hand brake applied 
policy. CN has suspended that policy pending the outcome of this 
petition. CN states that under its previous policy, they experienced no 
unintended equipment roll-outs at these locations, which they 
attributed to the flat or ``bowl'' shaped configuration of these yards. 
CN also states that safety and efficiency of operation were improved, 
due to reduction of employee exposure to injury while applying or 
releasing handbrakes, and that wheel damage caused by the failure of a 
crew to release hand brakes before equipment movement was reduced.
    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-
2008-0060) and may be submitted by any of the following methods:
     Web site: https://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 https://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 July 9, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-16131 Filed 7-14-08; 8:45 am]
BILLING CODE 4910-06-P