
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Notices]               
[Page 6082]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe09-98]                         

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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

(Waiver Petition Docket Number FRA-2008-0157)

    The BNSF Railway Company (BNSF) seeks a waiver of compliance with 
the Locomotive Safety Standards, 49 CFR 229.23 (requiring a periodic 
inspection at least every 92 days) and 229.25 (requiring specific tests 
at every periodic inspection) for BNSF General Electric Evolution 
series and Electro-Motive Diesel ACe series locomotives.
    BNSF states in their request that each of the subject locomotives 
are equipped with new self-diagnostic technology and advanced computer 
control, and that the locomotives were designed by the manufacturer to 
be maintained at a 6 month interval. BNSF further indicates that if the 
waiver is granted, the required 92 day periodic inspection will be 
performed at 184 day intervals on the subject locomotives, and that 
qualified mechanical forces will perform at least one of the required 
daily inspections every 31 days. FRA non-complying conditions 
discovered on locomotives en-route or during any daily inspection will 
be moved to a mechanical facility capable of making required repairs.
    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-
2008-0157) 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 January 29, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-2329 Filed 2-3-09; 8:45 am]

BILLING CODE 4910-06-P
