[Federal Register: August 30, 2007 (Volume 72, Number 168)]
[Notices]
[Page 50160]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au07-77]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System or Relief From the
Requirements of Title 49 Code of Federal Regulations Part 236
Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of the signal system or relief from the requirements of
49 CFR part 236, as detailed below.
Docket Number: FRA-2006-25630.
Applicant: Union Pacific Railroad, Mr. W.E. Wimmer, Vice President
Engineering, 1400 Douglas Street, Stop 0910, Omaha, Nebraska 68179.
The Union Pacific Railroad Company (UP) has requested that FRA
review its September 20, 2006, decision to deny the UP waiver request
identified as Docket Number FRA-2006-25630. UP seeks approval of the
proposed petition for waiver from certain portions of 49 CFR Parts 234
and 236 pertaining to monthly inspections, observations, and tests. UP
requests that rules presently reading ``at least once each month'' be
modified to read ``at least once each calendar month with at least 20
calendar days interval between'' the applicable inspection,
observation, or test.
The reason UP has given for the proposed changes is that its signal
department does not have dedicated inspectors to conduct monthly
inspections. UP points out that the nature of signal business is better
served when the person doing the inspections is also the person who
does the maintenance. While responsible for most of their signal
inspections, UP's signal maintainers also work in support of other
engineering groups and need to participate in rail replacement, switch
component renewal, road crossing work, and a variety of other track-
related activities. Given this support-role requirement, UP says it is
very difficult for its signal maintainers to commit specific days of
the month to complete each of their required inspections, rendering the
need to be able to move their scheduled inspections a few days ahead or
back.
Any interested party desiring to protest the granting of an
application shall set forth specifically the grounds upon which the
protest is made, including a concise statement of the interest of the
party in the proceeding. Additionally, one copy of the protest shall be
furnished to the applicant at the address listed above.
FRA expects to be able to determine these matters without an oral
hearing. However, if a specific request for an oral hearing is
accompanied by a showing that the party is unable to adequately present
his or her position by written statements, an application may be set
for public hearing.
All communications concerning this proceeding should be identified
by Docket Number FRA-2006-25630 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, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590; or
Hand Delivery: Room W12-140 of the U.S. Department of
Transportation, West Building Ground Floor, 1200 New Jersey Avenue,
SE., Washington, DC, 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://dms.dot.gov.
FRA wishes to inform all potential commenters that 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, 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; Pages 19477-78) or you may visit http://dms.dot.gov.
Issued in Washington, DC, on August 24, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E7-17189 Filed 8-29-07; 8:45 am]
BILLING CODE 4910-06-P