[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Notices]
[Pages 70378-70379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29904]


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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.

[[Page 70379]]

The Burlington Northern and Santa Fe Railway Company

[Waiver Petition Docket Number FRA-2000-7926]

    The Burlington Northern and Santa Fe Railway Company (BNSF) seeks a 
waiver of compliance from the provisions of the Track Safety Standards, 
49 CFR section 213.55, regarding the allowable deviations from 
uniformity of track alinement. There are 2191 track miles on BNSF where 
the maximum allowable passenger train speed is 80 mph or less and the 
corresponding freight train speed is between 61 and 70 mph. Pursuant to 
49 CFR section 213.9(a) of the Track Safety Standards, the allowable 
freight train speeds subject these locations to FRA Class 5 standards.
    BNSF is petitioning for a waiver which would establish intermediate 
values for allowable alinement deviations over the 2191 track miles in 
question. The intermediate values would be more restrictive than those 
prescribed for FRA Class 4 track, but less restrictive than those 
prescribed for FRA Class 5 track. The petitioner cites the fact that 
the allowable freight train speeds are at the lower end of the Class 5 
speed regime, and the existence of various operating restrictions which 
closely control freight train speeds within the 61 to 70 mph range, as 
arguments in favor of relief. The petitioner also states there have 
been no reportable or non-reportable derailments attributed to 
irregular alinement over these 2191 miles in the past five years.
    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 2000-
7926) 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 (9:00 a.m.-5:00 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 November 16, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-29904 Filed 11-21-00; 8:45 am]
BILLING CODE 4910-06-P