[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Page 49069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23201]



[[Page 49069]]

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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) has received a request for a waiver of compliance from 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.

BNSF Railway and Norfolk Southern Railway (Docket Number FRA-2009-0088)

    The BNSF Railway (BNSF) and Norfolk Southern Railway (NS), two 
Class 1 Railroads, petitioned FRA for a waiver of compliance from 
certain provisions prescribed by CFR Sec.  232.607 Inspection and 
testing requirements [73 FR 61554, October 16, 2008].
    The requirement specifically limits movement of Electronically 
Controlled Pneumatic (ECP) brake trains to 3,500 miles between Class 1 
initial terminal brake inspections. BNSF and NS request relief to allow 
for the implementation of ECP trains on a joint pilot project from 
Plant Scherer, located near Macon, Georgia, to the Powder River Basin 
and return to origin. However, this move exceeds the 3,500 mile limit 
granted under CFR Sec.  232.607. The joint BNSF/NS move from Plant 
Scherer to Thunder Junction, Wyoming, and return to Macon, is a loop 
ranging from 4200 to 4710 miles.
    The five proposed routes are (one way):
    <bullet> Route 1: Thunder Jct.--Alliance--Kansas City--Memphis--
Chattanooga--Scherer = 2100 miles.
    <bullet> Route 2: Thunder Jct.--Alliance--Kansas City--St. Louis--
Chattanooga--Scherer = 2150 miles.
    <bullet> Route 3: Thunder Jct.--Denver--Amarillo--Springfield--
Memphis--Chattanooga--Scherer = 2238 miles.
    <bullet> Route 4: Thunder Jct.--Denver--Kansas City--Springfield--
Memphis--Chattanooga--Scherer = 2115 miles.
    <bullet> Route 5: Thunder Jct.--Denver--Amarillo--Springfield--
Memphis--Birmingham--Chattanooga--Scherer = 2355 miles.
    All required inspections and brake tests, as outlined in CFR Part 
232, subpart G, will be performed at Plant Scherer by Qualified 
Maintenance Personnel. The petitioners state in their request the 
extended distance traveled by these select trains will not have an 
adverse effect on safety. They also state that over the past 21 months, 
ECP trains have been operating at a greater level of safety than 
conventional trains.
    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-
2009-0088) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 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://www.regulations.gov.
    Anyone is able to 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 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).


    Issued in Washington, DC on September 21, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-23201 Filed 9-24-09; 8:45 am]
BILLING CODE 4910-06-P