[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Page 64446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26467]


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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 from certain 
requirements of its safety regulations. 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.

Burlington Northern Sante Fe Railway

[Docket Number FRA-2002-13399]

    Burlington Northern Sante Fe Railway (BNSF) seeks a waiver of 
compliance from certain provisions of the Power Brakes and Drawbars 
regulations, 49 CFR part 232, regarding initial terminal road train air 
brake tests. Specifically, BNSF requests permission to perform the 
required initial terminal air brake test at a location approximately 
three miles east of where the train is presently tested, which would 
require the train to move the three miles without the required air 
brake test.
    BNSF is working with Southeast Nebraska Cooperative (SE Coop) at 
Beatrice, Nebraska to establish a 110-car grain shuttle facility. The 
site of this facility is the present SE Coop elevator. The elevator 
tracks will have to be upgraded to function as a shuttle load-out. The 
shuttles will be loaded on the elevator's private track and then shoved 
on additional trackage leased by BNSF to SE Coop. This additional 
trackage consists of the former BNSF main track, which is now operated 
as ``other than main track'' (GCOR Rule 6.28). The trackage to be 
leased extends from former MP30.5, south of Highway 136, to just short 
of a road crossing at former MP 31.9. This leased trackage will be 
protected from the BNSF environment by derails fitted with private 
industry locks. As the cars are loaded and shoved out onto the leased 
trackage, SE Coop will be responsible by contract to ensure that air 
hoses are coupled and angle cocks are properly positioned. When BNSF 
train crews come on duty after a train is loaded, they will couple the 
outbound locomotives for the eastbound movement to Lincoln, Nebraska. 
The conductor will be transported by vehicle to the rear of the train 
to install and arm the end-of-train device and check for air continuity 
by an application and release of air brakes.
    At the above location between MP 31 and 31.9, an extreme slope of 
the shoulder exists with water draining into a deep ditch from the 
adjacent slopes. Within this mile of track there are a bridge over the 
Blue River and a relief bridge without adequate walking surfaces. Two 
overpasses and heavy ballast also present walking problems. BNSF does 
not believe this site is suitable for a train inspection and initial 
terminal air brake test. BNSF is requesting an exemption to move these 
trains to a more desirable location to perform the required inspections 
and tests. Due to crossings, the best location is approximately three 
miles east on the former main track between MP 28.7 and MP 27.5 on 
``other than main track'' with a maximum speed limit of 10 mph. All 
trains moving to this location from the elevator will have been 
continuity tested by an application and release of the air brakes as 
previously stated. The testing site will be graded to ensure that 
walking conditions will allow for quality train inspections and tests 
to be performed in a safe and efficient manner. BNSF will have all 
requirements written into the general orders.
    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 FRA-
2002-13399) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401 (Plaza Level), 400 Seventh 
Street, SW., Washington, DC 20590-0001. 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 October 10, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-26467 Filed 10-17-02; 8:45 am]
BILLING CODE 4910-06-P