[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Notices]
[Pages 79685-79686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32942]


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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 with certain 
requirements of its safety standards. 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.

Montana Rail Link, Inc.

[Docket Number FRA-2002-13967]

    Montana Rail Link, Inc. (MRL) seeks a waiver of compliance from the 
provisions of the Track Safety Standards, 49 CFR Section 213.121(b), 
regarding cracked or broken joint bars in Classes 3 through 5 track.
    The MRL is petitioning for a waiver which would provide relief from 
cracks which can develop between the outermost bolt holes of a 
specified six-hole skirted joint bar in use on 115-pound rail. The 
petitioner states that the cracks develop from spike notches on the 
skirted portion of the bar and in some cases penetrate the entire bar, 
producing a complete end failure.
    The petitioner states that these six-hole bars which develop cracks 
between the outermost bolt holes are comparable in strength and 
stability to their conventional 115-pound, four-hole unskirted joint 
bars and present no additional safety hazards. The trackage subject to 
this waiver consists of approximately 20 miles of MRL main line between 
Billings and Laurel, Montana and between Helena and Tobin, Montana. 
Trackage and joint bars were formerly Burlington Northern (BNSF) 
trackage prior to MRL purchasing the property in 1987. MRL submits that 
the bars are very similar or exactly the same as the BNSF in their 
waiver under Docket Number FRA-2001-10653. BNSF has submitted 
laboratory test results to support their request for a waiver.
    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 communication concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number 2002-
13967) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW, Washington, DC 
20590. 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

[[Page 79686]]

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 December 23, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
[FR Doc. 02-32942 Filed 12-27-02; 8:45 am]
BILLING CODE 4910-06-P