[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Notices]
[Page 68885-68886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no06-116]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Title 49 Code of Federal Regulations (CFR) Part
211, notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance from certain
Federal railroad safety requirements. 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-2006-25765]
The Union Pacific Railroad Company (UP) seeks a waiver of
compliance from certain provisions of Brake System Safety Standards for
Freight and Other Non-passenger Trains and Equipment, End of Train
Devices, 49 CFR part 232; Freight Car Safety Standards, 49 CFR part
215; and Locomotive Safety Standards, 49 CFR part 229. Specifically, UP
requests that the following regulations be waived to permit run-through
trains that originate in Mexico and are interchanged with the UP at the
Laredo, Texas Gateway, in order to operate into the interior of the
United States without having to perform any additional train or
locomotive inspections at the U.S./Mexican border: Class I Brake Test--
Initial Terminal Inspection, 49 CFR 232.205; Inspection and Test of the
End-of-Train Devices, 49 CFR 232.409; Pre-departure Inspection, 49 CFR
215.13; and Daily Inspection, 49 CFR 229.21.
Currently, the Federal Railroad Administration (FRA) requires
mechanical inspections and tests for all trains and equipment that
enter the United States from Mexico. UP states in its waiver request
that these trains are pre-blocked in Mexico and given the
[[Page 68886]]
necessary tests and inspections by the Kansas City Southern de Mexico
(KCSM) and/or their contractor at KCSM's Nuevo Laredo/Sanchez yards. UP
contends that all of these tests and inspections are performed to the
standards prescribed by 49 CFR parts 232, 215, and 229. In addition,
KCSM has provided written consent for FRA inspectors to inspect their
facilities and observe the personnel involved with performing the
required tests and inspections. UP believes that this waiver is
warranted since these trains travel only a few miles before they cross
the border and receive another test and inspection in the United
States. UP submits that if this request is granted, it will save
approximately 5 hours per run-through train, greatly reducing
congestion and increasing the capacity at the Laredo Gateway.
Both the UP and KCSM are parties of this waiver request, with KCSM
performing the required inspections and tests and UP operating the
trains into the interior of the United States. Both railroads will be
responsible for maintaining the records required by applicable
regulations. Access to the records will be provided in the United
States by either the UP or Kansas City Southern.
It must be noted that UP made a similar waiver request on July 23,
2004, (Docket No. FRA-2004-18746) petitioning FRA to permit trains to
travel into the interior of the United States without receiving any
mechanical inspection or test at the border, based on Transportacion
Ferroviaria Mexicana (TFM) performing the required tests and
inspections at TFM's facility in Nuevo Laredo (See 69 FR 48558). This
request was reviewed by the FRA Safety Board and denied for several
reasons. All information regarding this request can be obtained as
indicated below.
Interested parties are invited to participate in these proceedings
by submitting written 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 this petition should identify the
appropriate docket number (FRA-2006-25765) and may be submitted by one
of the following methods:
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic site;
Fax: 202-493-2251;
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001; or
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Communication received within 45 days of the date of this notice
will be considered by FRA prior to final action being taken. Comments
received after that date will be considered to the extent 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://dms.dot.gov.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment on behalf of an
association, business, labor union, etc.). You may review the DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78). The Statement
may also be found at http://dms.dot.gov.
Issued in Washington, DC on November 22, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E6-20096 Filed 11-27-06; 8:45 am]
BILLING CODE 4910-06-P