Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Notices 76517

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–2000–

7367) 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 

30 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. 04–27901 Filed 12–20–04; 8:45 am] 

BILLING CODE 4910–06–P

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 

§ 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

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 favour of relief. 

Union Railroad Company [Docket 

Number FRA–2004–19260] 

The Union Railroad (URR), a Class III 

switching railroad, seeks a waiver of 

compliance from the requirements of 

Title 49 Code of Federal Regulations 

(CFR) 223.13 Requirements for existing 

cabooses for nine cabooses to be used in 

revenue freight service. The URR is