83 FR 64176 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 239 (December 13, 2018)

[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64176-64177]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-27008]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0070]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that by letter dated August 21, 2018, the 
Union Pacific Railroad Company (UP) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR part 
236. FRA assigned the petition Docket Number FRA-2018-0070.
    UP seeks a waiver of compliance from 49 CFR 236.1006, Equipping 
locomotives operating in PTC territory. Specifically, UP requests 
relief to operate UP Heritage Steam Locomotives UP 844, 4-8-4 Type--
1944; UP 4014, 4-8-8-4 Type--1941; and UP 3985, 4-6-6-4 Type--1943 for 
excursion trips in positive train control (PTC) territory. UP states 
these units are specifically designated and utilized on an extremely 
limited number of excursion trips annually. Excursions utilizing this 
equipment historically and continually involve the highest level of 
preparation in planning and operational safety during operation, giving 
special designation to each move. No less than two operators are 
present at any given time ensuring continual functional safety 
awareness during operational moves. UP explains they have been 
operating steam powered excursions without PTC-initiated application 
and have found no adverse mechanical effect on operational safety.
    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 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 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 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 January 28, 2019 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

[[Page 64177]]

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 www.dotransportation.gov/privacy. See also http://www.regulations.gov/#!privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Safety, Chief Safety Officer.
[FR Doc. 2018-27008 Filed 12-12-18; 8:45 am]
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