[Federal Register Volume 63, Number 93 (Thursday, May 14, 1998)]
[Notices]
[Page 26841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12767]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with 49 CFR 211.9 and 211.41, notice is hereby given 
that the Federal Railroad Administration (FRA) received from the 
Burlington Northern Santa Fe Railroad (BNSF) a request for a waiver of 
compliance with certain requirements of the Code of Federal 
Regulations. The petition is described below, including the regulatory 
provisions involved, and the nature of the relief being requested.

Burlington Northern Santa Fe Railroad, Docket Number RST-97-6

    This notice covers the request of the BNSF to be relieved of 
compliance with Section 213.57(b) of the Federal Track Safety Standards 
(49 CFR 213) for the operation of National Passenger Corporation 
(Amtrak) trains at up to five (5) inches of unbalance on the former 
Santa Fe Railroad. Since 1994, Amtrak trains have been operatings at up 
to 4 inches of unbalance or cant deficiency on the former Burlington 
Northern Railroad. This petition would extend the waiver to the former 
Santa Fe Railroad and increase the level of unbalance from 4 inches to 
5 inches.
    Section 213.57(b) refers to the maximum allowable train operating 
speeds on non-tangent track as a function of existing curvature and 
superelevation and, further, introduces the concept of unbalanced 
superelevation (cant deficiency) in particular modes of train 
operation. The idea of trains negotiating curved track at speeds 
producing either positive or negative unbalance was discussed 
previously in the Federal Register (52 FR 38035 on October 13, 1987). 
Currently, Section 213.57(b) permits a maximum of 3 inches to be used 
as the underbalance term in the formulation of curve/speed tables by 
track maintenance engineers defining intermediate train speeds and 
curved track superelevations for any route between two points.
    BNSF petitioned for permission to substitute the value of 5 inches 
instead of 3 inches in determining maximum train speeds on track owned 
by the railroad and used under contract by Amtrak in the provision of 
transcontinental passenger train service. BNSF is requesting the waiver 
to assist Amtrak in improving its operating efficiency.
    Interested parties may submit written views, data, or comments on 
this petition. 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 
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 RST-97-
6), and must be submitted in triplicate to the Docket Clerk, Chief 
Counsel, Federal Railroad Administration, Nassif Building, 400 Seventh 
Street, SW, Washington, DC 20590. Communications received within 30 
days from the publication 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 FRA's offices at 1120 Vermont Avenue, NW, 
Room 7051, Washington, DC 20005.

    Issued in Washington, DC on May 4, 1998.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 98-12767 Filed 5-13-98; 8:45 am]
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