
[Federal Register: May 21, 2008 (Volume 73, Number 99)]
[Notices]               
[Page 29568-29569]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my08-108]                         

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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.

Association of American Railroads

(Modification To Waiver Petition Docket Number FRA-1999-5104)

    As a modification to the Association of American Railroads (AAR) 
permanent waiver of compliance with 49 CFR 213.137, AAR is seeking 
permission from FRA to modify the terms and conditions of its decision 
letter dated June 27, 2000, pertaining to flange bearing frogs.
    AAR, on behalf of its member railroads, received permission from 
FRA to install flange bearing frogs in its June 27, 2000, decision 
letter. FRA granted this relief conditionally, with a requirement for 
Equipment Inspections at all installations. In a decision letter dated 
May 3, 2006, AAR received further permission for CSX Transportation to 
specifically install a flange bearing frog in Shelby, Ohio.
    With this petition, AAR is notifying FRA that it's Shelby, Ohio, 
flange bearing frog installation has been successful, and that the BNSF 
Railway Company (BNSF) will install 2 additional flange bearing frogs 
in Moorhead, Minnesota. AAR states, ``This inspection requirement is 
costly and significantly delays the transportation of rail cars 
undergoing the inspections. In fact, it is because of this inspection 
requirement that the industry has been slow to install flange bearing 
frog crossing diamonds under the waiver.'' Therefore, AAR requests that 
FRA relieve BNSF of this condition requiring equipment inspections.
    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-
1999-5104) 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

[[Page 29569]]

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 May 15, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-11362 Filed 5-20-08; 8:45 am]

BILLING CODE 4910-06-P
