[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 77091-77092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21955]


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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 Federal railroad 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.

Burlington Northern Santa Fe Corporation

Docket Number FRA-2006-24812

    Burlington Northern Santa Fe Corporation (BNSF) seeks a permanent 
waiver of compliance with the certain provisions of 49 CFR Part 232, 
Brake System Safety Standards for Freight and Other Non-Passenger 
Trains and Equipment. Specifically, they are requesting a waiver from 
the mileage and inspection requirements for 49 CFR 232.213, Extended 
Haul Trains.
    BNSF would like to perform the 1,500-mile extended haul inspection 
for 13 designated trains at points that slightly exceed the 1,500-mile 
point for inbound and outbound inspections. On July 14, 2006, the FRA 
granted BNSF a 6-month temporary waiver from the requirements for which 
the railroad is presently seeking permanent relief. BNSF believes that 
the relief is critical given the increased demand for coal by the 
utility industry, and that the increase will not compromise railroad 
safety. BNSF believes that granting this waiver petition will 
significantly improve their ability to transport coal without any 
degradation to the safe operation of the following designated trains: 
E-PAMATM, E-PAMBAM, E-PAMBTM, E-PAMNAM, E-PAMSBM, E-PAMEBM, E-MHSATM, 
E-MHSBKM, E-MHSCAM, E-MHSEBM, E-MHSJRM, E-MHSNAM, and E-MHSRWM.
    BNSF states that they will provide mechanical and operating forces 
with the list of trains allowed to operate past the 1,500-mile 
threshold. Additionally, BNSF would maintain records of defective 
conditions discovered during inspections, as currently required, 
including any defective equipment set out en route.
    Interested parties are invited to participate in these proceedings 
by submitting written 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 FRA-
2006-24812) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, Room Pl-401, Washington, DC. 
20590-0001. All communications concerning this petition should identify 
the appropriate docket number (FRA-2006-26029) and may be submitted by 
one of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic site;
     Fax: 202-493-2251;
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Communication received within 30 days of the date of this notice 
will be considered by FRA prior to final action being taken. Comments 
received after that date will be considered to the extent 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.
    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 on behalf of an 
association, business, labor union, etc.). You may review the 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.


[[Page 77092]]


    Issued in Washington, DC, on December 19, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
 [FR Doc. E6-21955 Filed 12-21-06; 8:45 am]
BILLING CODE 4910-06-P