[Federal Register: July 6, 2004 (Volume 69, Number 128)]
[Notices]               
[Page 40714]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy04-111]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Waiver Petition Docket Number FRA-2003-16439]

 
Canadian Pacific Railway; Notice of Postponement of Public 
Hearing

    On December 11, 2003, FRA published a notice in the Federal 
Register announcing Canadian Pacific Railway Company's (CPR) intent to 
be granted a waiver of compliance from certain provisions of the 
Railroad Locomotive Safety Standards, 49 CFR Part 229, on behalf of 
themselves, their U.S. subsidiaries the Delaware & Hudson and the Soo 
Line Railroads, and the New York Air Brake Corporation (NYAB). See 68 
FR 69122. Specifically, CPR requested relief from the requirements of 
49 CFR 229.27(a)(2) Annual Tests and 49 CFR 229.29(a) Biennial Tests, 
in order to evaluate extending the required periodic maintenance time 
intervals for NYAB generation II Computer Controlled Brake (CCB) 
equipment.
    As a result of the comments received by FRA concerning this waiver 
petition, FRA determined that a public hearing was necessary before a 
final decision could be made on this petition. Accordingly, on June 14, 
2004, FRA issued a notice in the Federal Register announcing that a 
public hearing was set to begin at 1 p.m. on July 13, 2004, at the 
Washington Plaza Hotel, 10 Thomas Circle, NW., Washington DC 20005. See 
69 FR 33097.
    Subsequent to the issuance of that notice, FRA was informed by 
parties in a related waiver proceeding (Docket No. FRA-2003-16306), 
scheduled for a public hearing on same date and location as the present 
proceeding, that they would like to postpone the scheduled public 
hearing in that matter in order to engage in additional outreach with 
the involved labor organizations. Due to the similarities between the 
two proceeding and in an effort to conserve time and resources, FRA has 
decided to postpone the public hearing scheduled in this matter. CPR 
and the commenter in this matter have informally agreed to the 
postponement of the scheduled public hearing. Consequently, FRA is 
postponing the public hearing in this matter until further notice. A 
new public hearing will be rescheduled if any interested party notifies 
FRA, in writing, within 45 days of the date of this notice of its 
desire to have an opportunity for oral comment and specifies the basis 
for their request. Furthermore, no decision will be rendered in this 
matter without conducting a public hearing unless the party or parties 
originally requesting the public hearing formally withdraws that 
request. FRA will issue a notice in the Federal Register at least 30 
days prior to the date of any new public hearing scheduled in this 
matter.
    All communications concerning these proceedings should identify the 
appropriate docket number (FRA-2003-16439) and must be submitted to the 
Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza 
Level), 400 7th Street, SW., Washington, DC 20590. 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 29, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-15253 Filed 7-2-04; 8:45 am]

BILLING CODE 4910-06-P