[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Notices]
[Page 56921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26442]


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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) has received a request for a waiver of compliance from 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.

Canadian National Railway

[Waiver Petition Docket Number FRA-1999-5756]

    The Canadian National Railway (CN) seeks to expand a previously 
granted waiver of compliance with the Locomotive Safety Standards, 49 
CFR 229.47(a), which requires each car body-type road locomotive be 
equipped with an emergency brake valve adjacent to each end exit door, 
and the brake pipe valve locations shall be stencilled as ``EMERGENCY 
BRAKE VALVE'' or shall be identified on an adjacent badge plate.
    CN's original request was for 178 car body locomotives built 
between 1985 and 1990. It was utilized to haul freight that have never 
been equipped with an emergency brake valve at the rear exit door. The 
original waiver received conditional approval from FRA's Safety Board 
on April 14, 2000. Subsequent to the approval, CN acquired 40 
additional car body-type locomotives when they acquired ownership of BC 
Rail Ltd., which did not meet the requirements of 49 CFR 229.47(a). CN 
requests that these 40 locomotives be added to the 178 locomotives that 
were previously granted relief under waiver Docket Number FRA-1999-
5756.
    Since the original granting of the waiver for the 178 car body-type 
locomotives, CN has been unaware of any problems arising from the lack 
of an emergency brake valve adjacent to the rear end exit door.
    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-
1999-5756) 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:[sol][sol]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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on October 28, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-26442 Filed 11-2-09; 8:45 am]
BILLING CODE 4910-06-P