[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9059-9060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3448]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2007-27155]


Proposed Sunset of Waivers Granted Under 49 CFR Part 229 and 
Establishment of Docket for Collection of Waivers and Documents 
Generated by the Locomotive Safety Standards Working Group

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of proposed sunset and establishment of public docket.

-----------------------------------------------------------------------

SUMMARY: FRA is notifying the public that waivers granted relative to 
the provisions of 49 CFR Part 229, Railroad Locomotive Safety 
Standards, may be affected by potential revisions to the regulation. 
FRA is requesting that grantees (primarily railroads) submit current 
waivers for consideration in light of potential revisions to the 
regulation, and is establishing a docket to collect the waivers along 
with other documents generated by the Locomotive Safety Standards 
Working Group (LSSWG) as part of the Railroad Safety Advisory Committee 
(RSAC) process. Note that this request pertains to waivers from the 
provisions of 49 CFR Part 229 only, and not to waivers of any other of 
the regulations administered by FRA.

FOR FURTHER INFORMATION CONTACT: Charles L. Bielitz, Mechanical 
Engineer, FRA, 1120 Vermont Avenue NW., Mail Stop 25, Washington, DC 
20590 (Telephone 202-493-6314), or Michael Masci, Trial Attorney, 
Office of Chief Counsel, FRA, 1120 Vermont Avenue NW., Mail Stop 10, 
Washington, DC 20590 (Telephone 202-493-6037).

ADDRESSES: Submissions: Submissions related to Docket Number FRA-2007-
27155 may be submitted by any of the following methods:
    <bullet> Web site: http://dms.dot.gov. Follow the instructions for 
submissions on the DOT electronic docket site;
    <bullet> Fax: 202-493-2251;
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001;
    <bullet> Hand delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. 
and 5 p.m. Monday through Friday, except Federal Holidays; or
    <bullet> Federal rulemaking portal: Go to http://www.regulations.gov. Follow the online instructions for submissions.

[[Page 9060]]

    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all submissions received will 
be posted to http://dms.dot.gov without change, including any personal 
information. Please see the general information heading in the 
SUPPLEMENTARY INFORMATION section of this document for Privacy Act 
information related to submitted comments or materials.
    Docket: For access to the docket to read background documents or 
submissions received, go to http://dms.dot.gov at any time, or visit 
PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, 
SW., Washington, DC, between 9 a.m. and 5 p.m. Monday through Friday, 
except Federal Holidays.

SUPPLEMENTARY INFORMATION: On February 22, 2006, FRA announced it is 
seeking input through the RSAC for potential revision of the Locomotive 
Safety Standards contained in 49 CFR Part 229. Although these standards 
have been the subject of a series of modifications, the basic text of 
the rule has remained largely unchanged since promulgation in 1980. In 
section 229.19, titled ``Prior waivers,'' the existing regulation 
states: ``All waivers of every form and type from any requirement of 
any order or regulation implementing the Locomotive Inspection Act, 
applicable to one or more locomotives, except those propelled by steam 
power, shall lapse on August 31, 1980, unless a copy of the grant of 
waiver is filed prior to that date with the Office of Safety, RRS-23, 
Federal Railroad Administration.'' If the standards are modified, FRA 
foresees including a similar requirement to terminate all Part 229 
waivers shortly after issuance of the revised rule, unless they are re-
registered with FRA by a similar process. An opportunity to comment on 
the proposed sunset regulation will be provided at a later time, prior 
to the issuance of a final rule. To conform with current Safety Board 
practice that limits relief to a 5-year term or less, all current 
waivers of 49 CFR Part 229 that are not already term-limited shall be 
terminated 5 years after re-registration. Termination dates of waivers 
already term-limited will not be changed. At the end of the 5-year 
period, the Safety Board may grant a formal request for extension, 
pursuant to 49 CFR Part 211.
    FRA is requesting that grantees submit all current waivers of 
Federal regulations contained in 49 CFR 229 if there is a need for the 
waivers to continue. Anticipating the sunset of these waivers, FRA 
hopes to address ongoing industry needs and maximize the effectiveness 
of the current potential rulemaking by considering potential revisions 
in light of current waivers. Where appropriate, FRA (utilizing the RSAC 
process) will consider whether potential revisions of Part 229 can 
safely accommodate the situation faced by the railroad without the need 
for a waiver. Where this is not appropriate, including situations that 
are too specific to merit a general accommodation, FRA will retain the 
waivers submitted at this time and forward them into the docket of 
waivers to be continued beyond the implementation of the potential 
revisions to 49 CFR Part 229. Such waivers will not need to be 
resubmitted if a final rule is implemented. Accordingly, railroads and 
other parties that have waiver(s) of any portion of 49 CFR Part 229 
that they wish to extend after adoption of revised Locomotive Safety 
Standards shall file a copy of the letter granting the waiver, together 
with a cover letter referencing this docket number, within 90 days of 
the date of this notice.
    This notice establishes docket number FRA-2007-27155 for collection 
of documents related to the LSSWG's activities. The docket will be 
utilized to collect copies of granted waivers submitted pursuant to 
this notice and other documents generated during the RSAC process, 
making them available to the public.
    Anyone is able to search 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 
665, Number 7, Pages 19477-78). The statement may also be found at 
http://dms.dot.gov.

    Issued in Washington, DC on February 23, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-3448 Filed 2-27-07; 8:45 am]
BILLING CODE 4910-06-P