[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Page 76517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27900]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


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) received a request for a waiver of compliance with 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.

Canadian National Railway [Waiver Petition Docket Number FRA-2004-
19512]

    The Canadian National Railway (CN) seeks a waiver of compliance 
from certain provisions of 49 CFR part 232, Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment. 
Specifically, CN wants relief from the requirements of Sec.  232.215, 
Transfer Train Brake Tests, for train movements to and from their yard 
at Flat Rock, Michigan, to the Ford Motor Company's Woodhaven Stamping 
Plant (Fordhaven) in Woodhaven, Michigan.
    The transfer of cars from the Flat Rock Yard to Fordhaven is a 
maximum distance of 3.32 miles. The return movement is a maximum 
distance of 1.27 miles. Each day, there are typically two transfer 
moves from the Flat Rock Yard to Fordhaven and two return moves. The 
average train consist of 35 to 40 hi-cube boxcars. Cars going to 
Fordhaven contain empty parts racks, approx. 56 tons per car. Cars 
leaving Fordhaven contain loads of automotive body parts, approx. 73 to 
96 tons per car. This transfer movement travels over one public grade 
crossing at Van Horn Road. CN states that rail traffic movements across 
this roadway is moderate and often includes switching movements without 
trainline air.
    CN contends that they have been making these transfer movements at 
this location without any air brake tests for the past 37 years, based 
on their belief that there was already an existing waiver in place 
granting them the authority to make such a move. However, CN has not 
been able to secure any documentation to support such a waiver exists. 
CN is only aware of only two occasions where FRA issued citations for 
failure to perform an air brake test for these transfer moves, one in 
1982 and again in 2004.
    CN states that this waiver is necessary to ensure the ability to 
provide timely service to the Ford Motor Company, so that production at 
the plant is not shut down.
    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-
2004-19512) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., 
Washington, DC 20590. 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.
    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). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on December 13, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-27900 Filed 12-20-04; 8:45 am]
BILLING CODE 4910-06-P