[Federal Register Volume 65, Number 14 (Friday, January 21, 2000)]
[Notices]
[Pages 3528-3529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1499]


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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) 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 Pacific Railway

(Waiver Petition Docket Number FRA-1999-6639)

    Canadian Pacific Railway (CPR) is seeking a permanent waiver of 
compliance with the Railroad Freight Car Safety Standards, 49 CFR 
215.3(c)(3) and 215.305. Section 215.3(c)(3) excludes maintenance of 
way equipment from compliance with Section 215 when it is not used in 
revenue service and is stenciled in accordance with Sec. 215.305 of 
this part. Title 49 CFR 215.305 requires that maintenance of way 
equipment be stenciled with the letters ``MW'' in clearly legible print 
at least 2 inches in height on each side of the car. CPR states that 
Sec. 19.1 of the Canadian rules excludes maintenance of way equipment 
when stenciled with the letters ``RSE.''
    CPR and its subsidiaries, Delaware and Hudson and Soo Line, request 
a permanent waiver to allow CPR marked service equipment to be excluded 
from the requirements of Part 215.
    CPR claims that this request is issued to harmonize the enforcement 
differences in these regulations, as contemplated by the NAFTA Trade 
Agreement, and they further claim that stenciling these cars to comply 
with FRA requirements would present an undue financial burden and 
impede transportation opportunities between the respective countries.
    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

[[Page 3529]]

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 1999-
6639) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, S.W., Washington, 
D.C. 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.

    Issued in Washington, DC on January 18, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-1499 Filed 1-20-00; 8:45 am]
BILLING CODE 4910-06-P