[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Notices]
[Page 7789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2395]


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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 Company

[Docket Number FRA-2007-28812]

    BNSF Railway Company (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, and 49 CFR part 215--Railroad Freight Car Safety Standards. 
Specifically, BNSF seeks relief to permit trains received at the U.S./
Mexico border at Eagle Pass, Texas (Eagle Pass), from the Ferrocarriles 
de Mexico, to move from the interchange point without performing the 
regulatory tests and inspections specified in CFR part 215 and Sec.  
232.205(a)(1) at that location. BNSF proposes moving the trains from 
the border at Milepost (MP) 34 on the Union Pacific Railroad Company's 
Eagle Pass subdivision, to the Ryan's Ruin Horan Siding at MP 20, a 
distance of 14 miles where required FRA inspections will be performed. 
BNSF claims that granting the waiver would expedite train movements and 
avoid blockages of crossings in Eagle Pass.
    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 these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2007-28812) and may be submitted by any of the following methods:
    Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Fax: 202-493-2251.
    Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received within 45 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 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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and 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).

    Issued in Washington, DC, on February 4, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-2395 Filed 2-8-08; 8:45 am]
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