2010-26681. 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

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: [phone].
• 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.