Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4075 

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 2008–0143) 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 

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 14, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–1223 Filed 1–21–09; 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. 

R. J. Corman Railroad 

[Docket Number FRA–2008–0099] 

R.J. Corman (RJC), a Class III Railroad, 

petitioned for waiver of compliance 

from certain provisions of the steam 

locomotive safety standards as 

prescribed by 49 CFR 230.105(a) Lateral 

motion, for one steam locomotive used 

in tourist/excursion service. 

Specifically, this waiver request applies 

to locomotive number RJC 2008, with 

boiler number 7040. The Class QJ, 2– 

10–2 locomotives were built by the 

Datong Locomotive Works, China. The 

Datong Works constructed 4,714 

locomotives of this type between 1967 

and 1988. The maximum operating 

speed for this type of locomotive is 50 

mph. 

Locomotive number RJC 2008 

received a standard 250,000 km 

overhaul, a Class 3 repair in China prior 

to being shipped to the United States. 

The manufacturer’s specifications for 

the QJ Class locomotive require a total 

lateral clearance of 20 mm (0.787 inch) 

on the number 1 and 5 driving axle, 

with a 4 mm (0.157 inch) clearance for 

the three center axles (no. 2–4). All tire 

back-to-back spacing is at 1,252 mm 

(53.267 inches). The purpose for this 

specification is to allow a locomotive 

with a long rigid wheelbase to negotiate 

a curve up to 15.2 degrees. The lateral 

wear limit for all driving axles is 10 mm 

(0.393 inch) over the original 

dimensions. In summary, by design and 

as built, model QJ locomotive exceeds 

the U.S. limit of 0.75 inch for allowable 

lateral clearance for driving axles 

number 1 and 5 as specified by 49 CFR 

230.105(a). 

RJC requests relief from the 

requirements of 49 CFR 230.105(a) for 

driving axles numbers 1 and 5 to allow 

for a maximum lateral clearance of up 

to 30 mm (1.181 inches). This is 

consistent with the manufacturer’s 

design specification, and the operating 

experience of the China National 

Railway. In addition, the locomotive 

will be maintained in accordance with 

the requirements of 49 CFR 230.105(c) 

to ensure that no part of the running 

gear interfere with any other part of the 

steam locomotive. 

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– 

0099) 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 

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). 


rmajette on PRODPC74 with NOTICES
4076 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

Issued in Washington, DC, on January 14, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–1204 Filed 1–21–09; 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 

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 

[Docket Number FRA–2008–0165] 

The Union Pacific Railroad Company 

(UP) seeks a waiver of compliance from 

certain provisions of of 49 CFR Part 232, 

Brake System Safety Standards for 

Freight and Other Non-Passenger Trains 

and Equipment. Specifically, UP is 

requesting a waiver of 49 CFR 232.213, 

Extended Haul Trains, to the extent 

necessary to allow UP to operate certain 

trains up to 1,800 miles between Class 

I brake inspections. The current 

regulation restricts extended haul train 

movements to 1,500 miles. 

UP states that if this request is 

granted, they would utilize it to operate 

approximately 50 such trains each day. 

Most of these trains are coal and 

intermodal trains, along with some 

automotive trains. UP commits to 

complying with all other provisions of 

§ 232.213 using qualified UP 

mechanical inspectors. UP also states 

that if this waiver is approved, no UP 

employee in active service at points 

where train inspections will no longer 

be performed, due to this waiver, will be 

furloughed as a result of the waiver. UP 

claims that they have provided this 

commitment in writing to the 

Brotherhood of Railway Carmen. 

However, UP retains the right to relocate 

such employees if necessary. 

UP believes this request is justified 

because they experience low defect rates 

on extended haul trains that are 

currently operating in coal, intermodal, 

and automotive service. Of the 15,911 

inspections performed on extended haul 

trains during a three year period, only 

0.49 percent of the inspections revealed 

FRA defects. UP’s expanded use of 

wayside detection technologies has 

allowed UP to further improve safety by 

enabling it to identify defects not 

readily identified by train inspections. 

Of further note, UP points out that 

Canadian rail operators have been 

permitted to operate certain trains from 

origin to destination within Canada, 

without undergoing intermediate brake 

test and train inspections. While this 

allows Canadian operators to operate 

some trains distances of more than 

2,000 miles without undergoing 

intermediate inspections, the change 

has not resulted in adverse safety 

effects. 

UP claims that granting this request 

will give UP the flexibility it needs to 

concentrate its train inspections at 

terminals with greatest resources, which 

are best equipped to perform 

inspections in a safe expeditious 

manner. It would also lead to improved 

operating efficiencies and increased 

train velocities. The resulting decrease 

in en route delays would have the 

added benefit of allowing train crews to 

complete their journeys in shorter 

amounts of time and reduce fuel 

consumption. UP estimates that if this 

waiver is granted, they will save 

approximately 350,000 gallons of fuel 

annually through the elimination of 

certain inspections at Elko, NV, 

Pocatello, ID, and Salt Lake City, UT. 

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– 

0165) 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 

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 14, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–1218 Filed 1–21–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Delays in Processing of 

Special Permits Applications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications delayed 

more than 180 days. 

SUMMARY: In accordance with the 

requirements of 49 U.S.C. 5117(c), 

PHMSA is publishing the following list 

of special permit applications that have 

been in process for 180 days or more. 

The reason(s) for delay and the expected 

completion date for action on each 

application is provided in association 

with each identified application. 

FOR FURTHER INFORMATION CONTACT: 

Delmer F. Billings, Director, Office of 

Hazardous Materials Special Permits 

and Approvals, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, East 

Building, PHH–30, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001, (202) 366–4535. 


rmajette on PRODPC74 with NOTICES