[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Notices]               
[Page 36165-36166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-90]                         

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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.

The Alton & Southern Railway Company

[Waiver Petition Docket Number FRA-2005-23458]

    The Alton & Southern Railway Company (ALS) 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.  232.205, Class I brake test--initial 
terminal inspection for the movement of the interchange cut from the 
Norfolk Southern connection at 42nd Street in East St. Louis, Illinois 
to

[[Page 36166]]

the ALS Gateway Yard in East St. Louis, Illinois, a distance of no more 
than 1\1/4\ mile. This move is made entirely within yard limits and 
does not cross any public road crossings. The interchange cut in 
question is a complete train that has had a Class I brake test, but has 
had the locomotive power removed and is ``off-air'' for more than four 
hours.
    ALS states that the reason for this request is due to the 
conditions of the crime and violent acts that have happened at this 
location and the surrounding neighborhood in the past two years. ALS 
has had two employees accosted on a locomotive and one employee 
assaulted while performing work at this interchange. One employee was 
assaulted and killed from a gun shot in this same area. ALS has a 
policy to only pull cars from this area during daylight hours.
    Due to the reasons stated above, ALS would like to be able to 
perform a Class III brake test--trainline continuity inspection, in 
lieu of performing a Class I brake test for this short move.
    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-
2005-23458) 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.

    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 June 19, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-9971 Filed 6-22-06; 8:45 am]

BILLING CODE 4910-06-P