[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Notices]
[Pages 3469-3470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1127]


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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.

BNSF Railway

(Docket Number FRA-2006-26717)

    BNSF Railway (BNSF) seeks a waiver of compliance with certain 
requirements of 49 CFR Part 232--Brake System Safety Standards for 
Freight and Other Non-Passenger Trains and Equipment, End-of Train 
Devices; CFR Part 215--Railroad Freight Car Safety Standards; and CFR 
Part 231--Railroad Safety Appliance Standards. Specifically, BNSF seeks 
relief to permit trains received at the U.S./Mexico border in El Paso, 
Texas, from the Ferrocarril Mexicano Railroad (FXE), to move from the 
interchange point without performing the regulatory tests and 
inspections specified in Part 215, Part 231, and 232.205(a)(1) at that 
location. BNSF proposes moving the trains from the border at Milepost 
1155.1 to a main track location at Milepost 1150 where the mechanical 
inspections and Class I brake test would be performed.
    Prior to departing the interchange point, a set and release would 
be made of brakes on the interchange movement insuring continuous brake 
pipes to the rear of the train as indicated by air gauge or end-of-
train telemetry devices, and moved at a speed not exceeding 20 miles 
per hour to Milepost 1150 at El Paso, where the train would undergo a 
Class I mechanical inspection and airbrake test. Any noncompliant cars 
will be set out.
    The petitioner asserts that granting the waiver would facilitate 
the efficient handling of increased international rail traffic through 
the El Paso gateway. According to BNSF, rail volume has grown steadily 
in recent years and it is anticipated to increase even more as the

[[Page 3470]]

effects of both the North American Free Trade Agreement (NAFTA) and the 
General Agreement on Tariffs and Trade (GATT) are felt. BNSF says it 
currently receives 200 to 400 rail cars per day through the El Paso 
gateway and the capacity of the existing facility in El Paso is 
inadequate to efficiently handle the current rail volumes. As reasons 
for the requested relief, BNSF cites poorly laid tracks, short tracks, 
inadequate crossover capability, and numerous street crossings that cut 
through the facility. In addition, BNSF states that El Paso is a 
``bottleneck'' that causes delays to rail traffic in international 
commerce on both sides of the border, and that granting the requested 
waiver will have no effect on railroad safety.
    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 communications concerning this petition should identify the 
appropriate docket number (FRA-2006-26717) 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 45 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.

    Issued in Washington, DC on January 22, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-1127 Filed 1-24-07; 8:45 am]
BILLING CODE 4910-06-P