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Notice

Petition for Waiver of Compliance

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Information about this document as published in the Federal Register.

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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, § 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 § 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 § 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. Start Printed 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.

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Issued in Washington, DC, on July 7, 2004.

Grady C. Cothen, Jr.,

Acting Associate Administrator for Safety.

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[FR Doc. 04-16252 Filed 7-16-04; 8:45 am]

BILLING CODE 4910-06-P