Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 54223 

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. 

Issued in Washington, DC, on August 30, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–22004 Filed 9–2–10; 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) 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– 

2010–0125) 

The Union Pacific Railroad Company 

(UP) seeks a waiver of compliance with 

certain requirements of 49 CFR Part 

232—Brake System Safety Standards for 

Freight and Other Non-Passenger Trains 

and Equipment; End-of Train Devices, 

CFR Part 229—Railroad Locomotive 

Safety Standards, and CFR Part 215— 

Railroad Freight Car Safety Standards. 

Specifically, UP seeks relief to permit 

trains received at the U.S./Mexico 

border at El Paso, Texas, from the 

Ferrocarriles Nacionales de Mexico 

(FXE) to move from the interchange 

point without performing the regulatory 

tests and inspections specified in Part 

215, § 229.21, and § 232.205(a)(1), at 

that location. 

UP proposes moving the trains from 

the FXE interchange point at the 

International Yard on the Lordsburg 

subdivision to the UP’s Dallas St. yard, 

a distance of 2.8 miles, without the need 

to comply with the requirements of 

those parts of the CFR as noted above. 

A Class III brake test under § 232.211 

would be performed prior to departing 

the International Yard. 

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– 

0125) 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. 

Issued in Washington, DC, on August 30, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–22003 Filed 9–2–10; 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 

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. 

City of St. Matthews, Kentucky 

(Waiver Petition Docket Number FRA– 

2010–0135) 

The City of St. Matthews, KY (City), 

and CSX Transportation, Inc. (CSX) 

jointly seek a temporary waiver of 

compliance from certain provisions of 

the Use of Locomotive Horns at 

Highway-Rail Grade Crossings, 49 CFR 

Part 222. The City intends to establish 

a Pre-Rule Quiet Zone that it had 

previously continued under the 

provisions of 49 CFR 222.41(c)(1). The 

City is seeking a waiver for the 

requirement to construct and complete 

a Pre-Rule Quiet Zone by June 24, 2010, 

as required by 49 CFR 222.41(c)(2) and 

for an extension of such date to 

September 1, 2011. In addition, the City, 

CSX and the City of Richlawn, KY 

(Richlawn), seek a temporary waiver 

from provisions of 49 CFR 222.41(c) so 

that a single public highway-rail grade 

crossing in Richlawn, that meets the 

definition of a Pre-Rule Quiet Zone, but 

the required notices or other actions 

have not been submitted, could be 

included in St. Matthews’ Pre-Rule 

Quiet Zone. 

There are 5 crossings in the existing 

City’s Pre-Rule Quiet Zone extending 

from Chenoweth Lane (MP T5.43) to 

Thierman Lane (MP T6.12) on the CSX 

Louisville Division, LouisvilleCincinnati Subdivision. All of the 

crossings are equipped with flashing 

lights and gates, constant warning time 

train detection circuitry and power-out 

indicators. Two of these crossings will 

be treated with Supplementary Safety 

Measures (SSM) as follows: 1 crossing 

with gates and non-traversable curb 

medians and 1 crossing with fourquadrant gates. One of the SSMs has 

been installed (gates and nontraversable curb medians on Thierman 

Lane) and the other (four-quadrant gates 

on Chenoweth Lane) will be completed 

within the October 2011 to April 2012 

timeframe and hopefully sooner. 


srobinson on DSKHWCL6B1PROD with NOTICES