83 FR 6308 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6308-6309]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02866]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-25764]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that by a letter dated December 21, 2017, 
Union Pacific Railroad Company (UP) petitioned the Federal Railroad 
Administration (FRA) for an extension of its waiver of compliance from 
certain provisions of the Federal railroad safety regulations contained 
at 49 CFR 232. FRA assigned the petition Docket Number FRA-2006-25764.
    UP originally received conditional relief in 2007 from 49 CFR 
232.205, Class I brake test-initial terminal inspection, and 49 CFR 215 
Freight car safety standards, for freight cars received in interchange 
at the United States/Mexico border crossing in Calexico, California, to 
permit required inspections to be conducted in El Centro, California, 
10.1 miles north of Calexico. The original justification for the 
relief, as stated by UP, included: Inadequate capacity at the yard in 
Calexico, due to increased rail traffic volume;
     Inability to adjust its infrastructure due to Calexico 
yard's location in the middle of the city (causing the yard to be 
effectively ``boxed in'' by existing development and the locations of 
highway crossings);
     The need to avoid ``bottleneck'' delays at Calexico, 
affecting commerce on both sides of the border; and
     The elimination of choked flow of automobile traffic in 
Calexico, when trains stop or go very slowly across street crossings 
for inspections.
    UP's relief was extended for an additional five years in a decision 
letter dated March 26, 2013. In support of its present petition to 
extend its relief, UP states it has been operating under the 
requirements set forth in the waiver for the past ten years and no 
adverse effect on the safety of operations has occurred.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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 and may be submitted by any of the following 
methods:
     Website: 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 by March 30, 2018 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can 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 document, if 
submitted on behalf of an association, business, labor union, etc.). In 
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 
to better inform its processes. DOT posts these comments, without edit, 
including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.


[[Page 6309]]


    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-02866 Filed 2-12-18; 8:45 am]
 BILLING CODE 4910-06-P