
[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Notices]               
[Page 65397-65398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc10-137]                         

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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.

BNSF Railway Company and Ferrocarril Mexican Railway Company

[Waiver Petition Docket Number FRA-2010-0126)]

    The BNSF Railway Company (BNSF) and Ferrocarril Mexican Railway 
Company (FXE) seek a test waiver of compliance from the requirements of 
49 CFR 232.205 Class I Brake Test, Initial terminal inspection; 
232.409--Inspection and testing of end-of-train devices; and 215.13--
Pre-departure Inspection. This test waiver is necessary to allow tests 
and inspections conducted at Rio Escondido and

[[Page 65398]]

Torreon, Mexico, by FXE on northbound unit trains to be considered 
valid for run-through trains interchanged with BNSF at Eagle Pass, 
Texas, and bound for Temple, Texas. FXE Carmen will perform all Class 1 
initial terminal inspections and repairs, and will comply with all 
parts of 49 CFR 232 and 215, as well as all applicable Association of 
American Railroads interchange rules. With this test waiver, BNSF and 
FXE seek to establish to FRA's satisfaction that cross-border commerce 
can be safely increased by eliminating the congestion of traffic that 
presently occurs at the border.
    BNSF and FXE expect to demonstrate, with this test waiver, that 
Class 1 initial terminal inspections performed in Mexico by FXE carmen 
are equally on par with Class 1 initial terminal inspections performed 
by U.S. railroads to comply with Federal regulation. BNSF and FXE state 
that the available inspection track on the U.S. side of the border is 
rudimentary at best with no option for expansion from adjacent 
landholders, while work environment enhancements are offered at FXE's 
Rio Escondido and Torreon facilities.
    The FXE Rio Escondido facility is a new and modern facility built 
to facilitate international rail commerce, equipped with the latest in 
freight car repair technology and tooling, and is staffed with trained 
and motivated employees. BNSF estimates risk in the work environment is 
halved by performing inspections and repairs at Rio Escondido or 
Torreon, as compared to the present U.S. facility.
    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-
2010-0126) 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 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 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on October 18, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-26683 Filed 10-21-10; 8:45 am]
BILLING CODE 4910-06-P

