[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Notices]
[Pages 4890-4891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1555]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Waiver Petition Docket Number FRA-2000-8268]


Petition for Waivers of Compliance

    In accordance with 49 CFR Secs. 211.9 and 211.41, notice is hereby 
given that the Federal Railroad Administration (FRA) has received a 
request for a waiver of compliance with certain requirements of the 
Federal safety laws and regulations. The 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.

Burlington Northern Santa Fe Railway Company

    Burlington Northern Santa Fe Railway (BNSF) seeks a permanent 
waiver of compliance from certain requirements of 49 CFR part 229 
(Railroad Locomotive Safety Standards) for a

[[Page 4891]]

select group of C-44-9W locomotives, road numbers BNSF 700-799, 960-
1123, 4300-4999, and 5370-5499. Specifically, BNSF requests a waiver 
from 49 CFR 229.23(a), which requires that the interval between any two 
periodic inspections may not exceed 92 days. BNSF proposes to extend 
this interval to 122 days on this group of locomotives.
    In support of this proposal BNSF states: ``These locomotives 
contain the industry's latest technology in the areas of safety and 
reliability, are microprocessor controlled and equipped with New York 
Air Brake Corporation computer controlled brakes.'' They cite calender 
day inspections and other inspections that are done every 3 to 4 days 
which will help ensure safe operation. Since April 1, 1999, they have 
been performing periodic inspections every 61 days. They estimate that 
they have had a 0.87% defect rate after 61 days. In conclusion BNSF 
states: ``Extending the periodic maintenance interval from 92 to 122 
days will not adversely effect the safety or performance of C44-9W 
locomotives.''
    Interested parties are invited to participate in these proceedings 
by submitting written reviews, data, or comments. 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. FRA will schedule a public hearing in connection 
with these proceedings if the basis is found to be sufficient.
    All communications concerning these proceedings should identify the 
appropriate docket number, (e.g., Waiver Petition Docket Number FRA-
2000-8268) and must be submitted to the DOT Docket Management Facility, 
Room PL-401 (Plaza Level), 400 Seventh Street, SW., Washington, DC 
20590. Communications received within 45 days from 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 11, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-1555 Filed 1-17-01; 8:45 am]
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