[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Pages 6082-6083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2388]


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

[[Page 6083]]

Union Pacific Railroad Company

(Docket Number FRA-2008-0166)

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain provisions of 49 CFR part 218, Railroad 
Operating Practices. Specifically, UP is requesting a waiver of Blue 
Signal Requirements as prescribed in 49 CFR 218.25 Workers on a main 
track, in Kansas City, KS and Kansas City, MO. These tracks are in the 
middle of the Kansas City facilities and are used for functions 
normally performed on yard tracks. Trains passing through the Kansas 
City Terminal stop for fuel, locomotive inspection, or adding or 
removing power from the train. To perform this work on the main track, 
UP must provide blue signal protection under 49 CFR 218.25. This 
request is for the following track locations:
    <bullet> Main 1 and Main 2 between Manchester and Troost. (MX279-
MX281);
    <bullet> Main 1 and Main 2 at 18th St. Between KX004 and KX006;
    <bullet> Mainline at 10th St. (KX287-KX289).
    UP is requesting flexibility to treat these main tracks at the 
Kansas City facilities as tracks other than main tracks so they can 
have the option of protecting its employees working on, under, or 
between rolling equipment in accordance with Sec.  218.25 Workers on a 
main track, or Sec.  218.27 Workers on track other than main track, or 
a combination of both. UP believes that the safest and most efficient 
method of protecting its employees in the Kansas City facilities is 
through the use of a combination of blue signal protection and remotely 
controlled switches. UP believes that this request is similar to a 
waiver originally granted to the SP at El Paso, TX, and renewed to the 
UP under Docket Number FRA-2000-7669. UP states they have operated 
under the requirements of that waiver without any adverse effect on 
safety of operations and would like to have the same conditions for 
this request.
    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-
2008-0166) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 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 January 30, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-2388 Filed 2-3-09; 8:45 am]
BILLING CODE 4910-06-P