[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Notices]
[Pages 43048-43049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16252]


-----------------------------------------------------------------------

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.

Fort Worth & Western Railroad

(Waiver Petition Docket Number FRA-2004-17992)

    The Fort Worth & Western Railroad (FWWR) seeks a waiver of 
compliance from certain provisions of 49 CFR Part 232, Brake System 
Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment. Specifically, Sec.  232.15(a)(8), which does not permit the 
movement of a car with defective brakes from a location where a train 
is required to receive a Class I brake test persuant to Sec.  232.205.
    FWWR originates trains at San Angelo Jct, Texas (interchange with 
Texas Pacifico Transportation) and at Dublin, Texas that require the 
performance of a Class I brake test. FWWR claims that they do not have 
a mobile repair truck to make any repairs at those two facilities. 
Their only mechanical repair facility is located at Hodge Yard in Fort 
Worth, Texas, which is 170.6 miles from San Angelo Jct. and 93.2 miles 
from Dublin. Therefore, this is the closest repair facility on the 
FWWR.
    FWWR request that they be allowed to move any cars found defective 
during the Class I brake test to the repair facility at Hodge Yard. All 
other provisions of Sec.  232.15 would be strictly followed.
    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-
2004-17992) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., 
Washington, DC 20590. Communications received within 30 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://dms.dot.gov.

[[Page 43049]]

    Anyone is able to search the electronic form of all 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). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on July 7, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-16252 Filed 7-16-04; 8:45 am]
BILLING CODE 4910-06-P