[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Page 11700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5492]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 
section 211.41, and 49 U.S.C. 20103, notice is hereby given that the 
Federal Railroad Administration (FRA) has received a request for waiver 
of compliance with certain requirements of the Federal railroad safety 
regulations. The individual petition is described below, including the 
party seeking relief, the regulatory provisions involved, and the 
nature of the relief being sought.

Mississippi Lime Company

FRA Waiver Petition No. FRA-2003-16130

    Mississippi Lime Company located in Ste. Genevieve, Missouri, is 
seeking a ``Wavier from all applicable provisions of 49 CFR Sec. 200, 
et. seq, and any and all other applicable statutes, rules, and 
regulations enforced by the Federal Railroad Administration.'' The 
Mississippi Lime Company anticipates entering into a nonexclusive 
agreement to operate on approximately two miles of trackage owned by 
the Union Pacific Railroad Company (UP) from Milepost 87.0 to Milepost 
89.0 on the Mosher Lead. The applicant states, ``The Mosher Lead is 
only used by the UP when (i) UP makes deliveries to the Company, (ii) 
UP's main line track that runs adjacent to the Mississippi River is 
inaccessible due to elevated water levels of the Mississippi River, and 
(iii) UP delivers one to three cars annually to MFA Co-Op Exchange, the 
only other industry located on the Mosher Lead.''
    Since FRA has not yet completed its investigation of the 
Mississippi Lime Company petition, the agency takes no position at this 
time on the merits of stated justifications.
    Interested parties are invited to participate in this proceeding by 
submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with the request for a waiver 
of certain regulatory provisions. If any interested party desires an 
opportunity for oral comment, he or she should notify FRA, in writing, 
before the end of the comment period and specify the basis for his or 
her request.
    All communications concerning these proceedings should identify the 
appropriate docket number (Docket Number FRA FRA-2003-16130) and must 
be submitted to the DOT Docket Management Facility, Room PL-401 (Plaza 
level) 400 Seventh Street, SW., Washington, DC 20590. All documents in 
the public docket, including Mississippi Lime Company's detailed waiver 
request, are also available for inspection and copying on the Internet 
at the docket facility's Web site at http://dms.dot.gov.
    Communications received within 30 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 this proceeding are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on March 5, 2004.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 04-5492 Filed 3-10-04; 8:45 am]
BILLING CODE 4910-06-P