[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Notices]
[Page 33097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13259]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Waiver Petition Docket Number FRA-2003-16439]


Notice of Public Hearing; Canadian Pacific Railway

    On December 11, 2003, FRA published a notice in the Federal 
Register announcing Canadian Pacific Railway Company's (CPR) intent to 
be granted a waiver of compliance from certain provisions of the 
Railroad Locomotive Safety Standards, 49 CFR Part 229 on behalf of 
themselves, their U.S. subsidiaries, the Delaware & Hudson and the Soo 
Line Railroads, and the New York Air Brake Corporation (NYAB). See 68 
FR 69122. Specifically, CPR requested relief from the requirements of 
49 CFR 229.27(a)(2) Annual Tests and 49 CFR 229.29(a) Biennial Tests, 
in order to evaluate extending the required periodic maintenance time 
intervals for NYAB generation II Computer Controlled Brake (CCB) 
equipment.
    CPR has proposed evaluating the extended COT&S intervals according 
to a test plan that NYAB developed for CPR and Transport Canada. The 
test plan has assigned locomotives into tests groups based on the 
scheduled periodic maintenance cycles. Candidate locomotives for test 
tear-downs would only include those units which have not had a prior 
COT&S and which have had the least amount of air brake maintenance 
activity since entering service. Approval of this waiver would permit 
the continued operation of the test locomotives in the United States, 
as the COT&S time intervals are extended beyond the five-year 
requirement. It will also add to the industry's knowledge of the 
reliability of the CCB technology, building on a similar waiver (FRA-
1999-6252) which was granted to CSXT on September 1, 2000. It is CPR's 
intention that FRA would join Transport Canada and NYAB in evaluating 
the extended COT&S intervals for their CCB equipped locomotives, if 
this waiver is approved.
    As a result of the comments received by FRA concerning this waiver 
petition, FRA has determined that a public hearing is necessary before 
a final decision is made on this petition. Accordingly, a public 
hearing is hereby set for 1 p.m. on July 13, 2004, at the Washington 
Plaza Hotel, 10 Thomas Circle, NW (at Massachusetts Avenue and 14th 
Street), Washington, DC 20005. Interested parties are invited to 
present oral statements at this hearing.
    The hearing will be informal and will be conducted in accordance 
with FRA's Rules of Practice (49 CFR 211.25) by a representative 
designated by FRA. FRA's representative will make an opening statement 
outlining the scope of the hearing, as well as any additional 
procedures for the conduct of the hearing. The hearing will be a non-
adversarial proceeding in which all interested parties will be given 
the opportunity to express their views regarding this waiver petition, 
without cross-examination. After all initial statements have been 
completed, those persons wishing to make a brief rebuttal will be given 
an opportunity to do so in the same order in which initial statements 
were made.

    Issued in Washington, DC, on June 4, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-13259 Filed 6-10-04; 8:45 am]
BILLING CODE 4910-06-P