[Federal Register: March 6, 2001 (Volume 66, Number 44)]
[Notices]               
[Page 13622-13623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr01-154]                         

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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 
provision involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Union Pacific Railroad Company

[Docket Number FRA-2001-8697]

    Union Pacific Railroad Company (UP) is seeking a waiver of 
compliance with a provision of the Railroad Power

[[Page 13623]]

Brakes and Drawbars regulations, 49 CFR 232.12 (initial terminal road 
train air brake tests). The UP requests a waiver to permit cars 
received in interchange from Ferromex (Mexican railroad) at Nogales, 
Arizona to be moved approximately 8 miles north of Nogales to the 
siding at Rio before an initial terminal air brake test is performed.
    UP states that presently, Ferromex delivers to UP on an average of 
three trains per day with lengths between 4000 and 6000 feet. UP states 
that the UP yard at Nogales is small and delivery of these trains all 
require blockages of key street crossings within the City of Nogales 
for considerable lengths of time. This problem has been exacerbated in 
recent years with the increase of traffic over the Nogales interchanges 
and as the result of changed traffic patterns, which were due to a 
number of factors. These include the privatization of the Mexican 
railroads, NAFTA trade agreement and UP-SP merger. Trains received from 
Ferromex require an initial terminal brake test to be performed before 
departing Nogales and this contributes to increased amount of time 
crossings are blocked.
    The UP waiver request is to permit movement of trains to Rio for 
the performance of the initial terminal air brake test. Trains involved 
in such movements would have the air brake test system charged, a set 
and release to ensure brakes setting and releasing on the rear car, and 
movement restricted to 25 mph, until the initial brake test could be 
performed at Rio. Any bad order cars discovered at Rio would be set out 
there for repair purposes.
    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-
2001-8697) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., 
Washington, DC 20590. Communications received within 30 days of the 
date will be considered as far as practicable. All written 
communications concerning these proceedings are available for 
examination during regular business hours (9:00 a.m.-5:00 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 http://dms.dot.gov.

    Issued in Washington, D.C. on February 22, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-5408 Filed 3-5-01; 8:45 am]
BILLING CODE 4910-06-P