[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Pages 64445-64446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26468]


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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.

Arizona Eastern Railway

Rail America, Inc

[Docket Number FRA-2002-13251]

    The Arizona Eastern Railway (AE) seeks a permanent 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, AE requests permission to perform the 
required initial terminal air brake test at a location two miles east 
of the Claypool, Arizona yard, where the test is currently being 
performed. This would require trains to travel a distance of two miles 
on the main line that includes public road crossings, with only a 
train-line continuity check prior to performing the initial terminal 
air brake test.
    AE is making this request because its carloads have increased from 
330 to over 600 carloads a month. AE claims that this increase of 
carloads is creating a safety and operational problem at the Claypool 
yard. The yard and the mainline are located between Highway 60 and a 
residential area. The residential area is accessed from the highway by 
six grade crossings. In the past, when the brake tests were performed 
on the shorter trains, only 2 to 3 crossings were blocked. Now that 
train lengths have increased, 4 to 5 crossings are blocked for an hour 
or longer for each brake test. AE has experienced incidents where 
members of the general public try to cross over or crawl under standing 
trains during the air brake tests. Additionally, AE is concerned about 
blocking emergency vehicles that may need to respond to incidents in 
the area.
    Therefore, AE would like to perform a train line continuity test at 
the current location where the trains are made up and move the trains 
approximately two miles east to a non-congested area where the initial 
terminal brake test would be performed. The trains would

[[Page 64446]]

operate over two additional road crossings, Ragus Road and Highway 60, 
at less than ten (10) mph prior to performing the initial terminal 
brake test.
    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-
2002-13251) 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. 02-26468 Filed 10-17-02; 8:45 am]
BILLING CODE 4910-06-P