[Federal Register Volume 66, Number 118 (Tuesday, June 19, 2001)]
[Notices]
[Page 32976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15406]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Public Hearing

    In accordance with 49 CFR 211.9 and 211.41, notice was published 
January 18, 2001 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. (See Docket Number FRA-
2000-8268, Item 3, available for inspection on the Internet at the 
docket facility's Web site at http://dms.dot.gov) It has subsequently 
been determined that a Public Hearing should be held relative to this 
request. 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

[Waiver Petition Docket Number FRA-2000-8268]

    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 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 were invited to participate in these proceedings 
by submitting written views, data, or comments. Although the formal 
comment period closed on March 5, 2001, written comments received after 
that date will be considered as far as practicable. In addition, the 
FRA has determined that a public hearing is necessary before a final 
decision is made on this proposal.
    Accordingly, a public hearing is hereby set for 9:00 a.m. on 
Wednesday, July 18, 2001, at the National Weather Service, National 
Training Center Auditorium, 7220 NW 101st Terrace, Kansas City, 
Missouri 64153. Interested parties are invited to present oral 
statements at the hearing.
    The hearing will be an informal one and will be conducted in 
accordance with Rule 25 of the FRA Rules of Practice (49 CFR 211.25), 
by a representative designated by the FRA.
    The hearing will be a nonadversary proceeding and, therefore, there 
will be no cross-examination of persons presenting statements. The FRA 
representative will make an opening statement outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make brief rebuttal statements will be given the 
opportunity to do so in the same order in which they made their initial 
statements. Additional procedures, if necessary for the conduct of the 
hearing, will be announced at the hearing.
    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, D.C. 
20590. 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 June 13, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-15406 Filed 6-18-01; 8:45 am]
BILLING CODE 4910-06-P