65398 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices 

Torreon, Mexico, by FXE on northbound 

unit trains to be considered valid for 

run-through trains interchanged with 

BNSF at Eagle Pass, Texas, and bound 

for Temple, Texas. FXE Carmen will 

perform all Class 1 initial terminal 

inspections and repairs, and will 

comply with all parts of 49 CFR 232 and 

215, as well as all applicable 

Association of American Railroads 

interchange rules. With this test waiver, 

BNSF and FXE seek to establish to 

FRA’s satisfaction that cross-border 

commerce can be safely increased by 

eliminating the congestion of traffic that 

presently occurs at the border. 

BNSF and FXE expect to demonstrate, 

with this test waiver, that Class 1 initial 

terminal inspections performed in 

Mexico by FXE carmen are equally on 

par with Class 1 initial terminal 

inspections performed by U.S. railroads 

to comply with Federal regulation. 

BNSF and FXE state that the available 

inspection track on the U.S. side of the 

border is rudimentary at best with no 

option for expansion from adjacent 

landholders, while work environment 

enhancements are offered at FXE’s Rio 

Escondido and Torreon facilities. 

The FXE Rio Escondido facility is a 

new and modern facility built to 

facilitate international rail commerce, 

equipped with the latest in freight car 

repair technology and tooling, and is 

staffed with trained and motivated 

employees. BNSF estimates risk in the 

work environment is halved by 

performing inspections and repairs at 

Rio Escondido or Torreon, as compared 

to the present U.S. facility. 

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– 

0126) 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 October 18, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–26683 Filed 10–21–10; 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. 

Canadian Pacific Railway 

[Waiver Petition Docket Number FRA–2010– 

0024] 

The Canadian Pacific Railway (CP) 

hereby petitions FRA for a temporary 

waiver from 49 CFR Part 213, subpart C, 

to develop and test pilot an 

‘‘unattended’’ track geometry 

measurement system. Over the course of 

6 months, CP intends to test the new 

system on their Northeast U.S. main line 

between Rouses Point and Binghamton, 

New York, a distance of approximately 

315 miles. The project includes 

outfitting and deploying an unattended 

track geometry measurement system 

that will be used in conjunction with 

other automated systems to monitor 

overall track infrastructure condition on 

a frequency that is not possible today. 

CP asserts that the benefits that are 

expected to be derived from this system 

are as follows: 

• Increased geometry inspections 

over what is possible today (anticipated 

400% increase) resulting in improved 

infrastructure reliability; 

• Proactive instead of reactive track 

maintenance will result in improved 

infrastructure condition and therefore a 

safer operation; 

• Scheduled maintenance and repair 

activities will reduce unscheduled 

employee call outs and therefore also 

reduce fatigue related risk to employees; 

• Reduction of track geometry which 

will cause slow orders; and 

• Improved passenger train 

performance at a reduced level of risk. 

The project is currently in the 

planning phase. CP indicates that if FRA 

agrees, the build, design and test phase 

of the project could commence in late 

2010. Testing would then occur in early 

2011. It is the testing phase of the 

project that is the subject of this waiver 

application. In order to proceed with 

this pilot project, CP is seeking a 

temporary waiver from 49 CFR part 213, 

subpart C, such that all measurements 

and data produced by the new track 

geometry vehicle are deemed ‘‘not valid’’ 

and ‘‘immaterial’’ for the purpose of 

track geometry verification. The data 

produced during the 6 month test 

period will be used solely for the 

purposes of mapping and for false 

positive rejection development, and CP 

is requesting regulatory relief for the 

initial 6-month period when the new 

equipment is being evaluated and 

tested. 

CP further explains that it will adhere 

to all regulated track inspection 

processes while the new track geometry 

equipment is being tested. All track 

defects identified through the normal 

inspection processes will be corrected 

according to current processes and 

procedures designed to comply with 

FRA’s track safety standards. The 

waiver that is being requested will only 

apply to information that is developed 

through the use of the new geometry 

technology during the initial 6 month 

testing and evaluation phase of the 

project. 

CP further explains that it does not 

expect that the waiver would apply to 

the regular, manned track geometry 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices 65399 

inspection, which CP will continue to 

perform 3 times annually until such 

time as the new technology is proven 

reliable. Following the 6 month testing 

and evaluation phase of the project and 

assuming that the benefits of the system 

prove out, CP indicates that it request 

further regulatory relief from FRA. 

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– 

0024) 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 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC on October 18, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–26783 Filed 10–21–10; 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– 

0145] 

The Union Pacific Railroad Company 

(UP) seeks a waiver of compliance from 

certain provisions of 49 CFR part 232, 

Brake System Safety Standards. 

Specifically, UP has petitioned FRA for 

a determination that the engineering 

principles used in its design of its 

Continuous Speed Control Yard located 

at Roseville, California, are a sufficient 

primary retarder to prevent equipment 

rollouts and act as an acceptable form of 

alternate securement under 49 CFR 

232.103(n)(1), Securement of 

unattended equipment. 

UP states that the Continuous Speed 

Control System is unique from 

conventional hump yards because 

thousands of small piston capsule 

retarders (in lieu of the use of two or 

three large retarders) are strategically 

located to control each freight car’s 

speed to deliver into its assigned track 

at a safe coupling speed. This use of 

capsule retarders allow for a streamline 

yard design which allows more 

moderate curves, a lower hump, and 

gentler grades resulting in lower speeds 

in the switching area. UP additionally 

states that the design elements of the 

Continuous Speed Control System 

meets American Railway Engineering 

and Maintenance-of-Way Association 

(AREMA) practice for safe and effective 

operation as presented in Section 2.4 of 

the AREMA Manual for Railway 

Engineering. UP also states that the 

design of Roseville yard is improving 

safety by eliminating the need to have 

employees enter the active bowl tracks 

and tie additional handbrakes. 

Therefore, UP seeks a determination 

that the engineering principles used in 

its design of Roseville yard are sufficient 

to be an acceptable form of primary 

securement when combined with the 

use of skates as secondary securement. 

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– 

0145) 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. 


emcdonald on DSK2BSOYB1PROD with NOTICES