E9-29764. 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.

CSX Transportation, Inc.

The CSX Transportation, Inc. (CSXT) seeks an extension of the relief previously granted under Docket Number FRA-2007-26965. The original request granted conditional approval on January 18, 2008, for relief from the requirements of the Rules, Standards and Instructions, Title 49 CFR part 236, § 236.586—Daily or after trip test. Specifically, CSXT requested that a visual inspection not be required as part of the daily or after trip test performed on locomotives equipped with microprocessor equipment during a proposed test period. For purposes of most effective monitoring, clarity of the remaining required cab signal testing and associated record-keeping, as well as consistency with a similar request from another railroad, FRA granted CSXT relief from the requirement of performing the test prescribed by § 236.586 on microprocessor-based automatic cab signal, train stop, and train control systems for a 2-year test period.

Applicant's justification for the extension: Over the past 18 months, CSXT has not seen any notable increase or decrease in locomotive shoppings as a result of not performing a daily or after-trip test prior to entering equipped territory.

CSXT further request that they be allowed to conduct the currently required quarterly performance review on a semi-annual basis, with all other conditions of the January 18, 2007, letter to be abided with.

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-2007-26965) 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 (65 FR 19477) or at http://www.dot.gov/​privacy.html.

Issued in Washington, DC, on December 7, 2009.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.