36308 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 

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–2009– 

0062] 

The Union Pacific Railroad Company 

(UPRR) seeks a waiver of compliance 

with the Locomotive Safety Standards, 

49 CFR 229.129(c)(10), as they pertain to 

the requirement to maintain a written 

record of the locomotive horn testing 

requirement described in this part, and 

allow the person performing the testing 

to utilize an electronic signature. If 

granted, UPRR would maintain 

locomotive horn testing information in 

a secure database until a subsequent 

locomotive horn test is completed and 

information will be made available to 

FRA upon request, as provided by 49 

U.S.C. 20107. In place of required 

signatures of persons performing 

inspections and tests, UPRR employees 

would be provided a unique login 

identification number and a secure 

password to access the system and 

verify performance of required horn test. 

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–2009– 

0062) 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 July 16, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–17318 Filed 7–21–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Title 49, Code of 

Federal Regulations (CFR), Sections 

211.9 and 211.41, notice is hereby given 

that the Federal Railroad 

Administration (FRA) has received a 

request for a waiver of compliance with 

certain requirements of Federal railroad 

safety regulations. The 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–2006– 

25862] 

On October 6, 2007, FRA granted the 

Union Pacific Railroad Company (UP) a 

temporary conditional waiver from 

certain provisions of 49 CFR part 240 

(Qualification and Certification of 

Locomotive Engineers). The regulatory 

relief was granted in connection with 

implementation of a Close Call 

Reporting System (C3RS) Demonstration 

Pilot Project involving UP’s North Platt 

Service Unit. The C3RS Demonstration 

Pilot Project is sponsored by FRA’s 

Office of Research and Development 

and is one of the action items included 

in FRA’s Rail Safety Action Plan 

initiated in 2006. Background 

documentation related to the existing 

regulatory relief granted is available 

under Docket Number FRA–2006– 

25862, available online at http:// 

www.regulations.gov. 

In 2008, FRA amended 49 CFR part 

218 (Railroad Operating Practices) to 

include Subpart F pertaining to 

handling equipment, switches, and 

fixed derails. In its current request, UP 

has asked that FRA amend the existing 

waiver in this docket to provide relief 

from certain provisions of Subpart F of 

Part 218. Specifically, for properly 

reported close call events, UP requests 

relief from the requirements of: 49 CFR 

218.99(b)–(e), 218.101(b)–(c), 

218.103(b)–(d), 218.105(b)–(d), 

218.107(b)–(c), and 218.109(b)–(c). 

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–2006– 

25862) 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 15 

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 


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