[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Notices]
[Pages 75535-75536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7570]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2005-23226]


 Notice of Application for Approval of Discontinuance or 
Modification of a Railroad Signal System or Relief From the 
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 
49 U.S.C. 20502(a), the following railroad has petitioned the Federal 
Railroad Administration (FRA) seeking approval for the discontinuance 
or modification of the signal system or relief from the requirements of 
49 CFR part 236 as detailed below.
    Applicant: Burlington Northern and Santa Fe Railway, Mr. Ralph E. 
Young, Director Signal Engineering, 4515 Kansas Avenue, Kansas City, 
Kansas 66106-1199.
    The Burlington Northern and Santa Fe Railway (BNSF) seeks relief 
from the requirements of the Rules, Standard and Instructions, Title 49 
CFR, Part 236, Section 236.312, on the Hannibal Bridge, milepost 0.95, 
in Kansas City, Missouri, on the Nebraska Division, St. Joseph 
Subdivision, as follows:
    1. BNSF requests relief to the extent that they be allowed to use a 
modified easer bar inspection and test procedure to determine 
compliance with the rail surface and alignment requirements. The 
modified procedure uses 5/8 inch as the acceptable tolerance for the 
amount of easer bar/casting play.
    2. BNSF requests relief from the requirement that bridge locking 
members must be detected within one inch of their proper positions, to 
the extent that they be permitted to continue using an alternate method 
of

[[Page 75536]]

detecting proper swing span seating than that described in the FRA's 
Technical Manual.
    Applicant's justification for relief: BNSF fully expects the actual 
rail surface and alignment to be maintained within the 3/8 inch 
required by 236.312; however, BNSF's Bridge Engineers feel that 
additional easer bar clearance is needed to reliably operate this 
bridge because of its particular design. The Hannibal Bridge does not 
have wedges or rollers, and instead has end lifts on each corner of the 
swing span. BNSF has installed, at great expense, a rather elaborate 
mechanical proximity sensor device, near the deck level at each of the 
four corners of the bridge, to detect that the bridge is properly 
seated. While this approach to detecting locking is not the same as 
described in the FRA's Technical Manual, BNSF's Bridge Engineers 
believe it accurately detects when the swing span is properly seated, 
clearly the intent of the rule. These devices are designed to detect 
that all four corners are within 3/8 inch of the proper seated position 
vertically and, on two of the corners, within 3/8 inch of proper 
horizontal alignment. BNSF respectfully submits that while the method 
of detecting bridge locking and rail surface/alignment on their 
Hannibal Bridge might not be conventional or familiar, it is completely 
safe and complies with the intent of 49 CFR 236.312.
    Any interested party desiring to protest the granting of an 
application shall set forth specifically the grounds upon which the 
protest is made, and include a concise statement of the interest of the 
party in the proceeding. Additionally, one copy of the protest shall be 
furnished to the applicant at the address listed above.
    All communications concerning this proceeding should be identified 
by the docket number and must be submitted to the Docket Clerk, DOT 
Central Docket Management Facility, Room PI-401, Washington, DC 20590-
0001. Communications received within 45 days of the date of this notice 
will be considered by the 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.
    FRA wishes to inform all potential commenters that 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) or you may visit http://dms.dot.gov.
    FRA expects to be able to determine these matters without an oral 
hearing. However, if a specific request for an oral hearing is 
accompanied by a showing that the party is unable to adequately present 
his or her position by written statements, an application may be set 
for public hearing.

    Issued in Washington, DC on December 15, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E5-7570 Filed 12-19-05; 8:45 am]
BILLING CODE 4910-06-P