04-25136. Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From Requirements

Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236 as detailed below.

Docket Number FRA-2004-19336

Applicant: Burlington Northern and Santa Fe Railway Company, Mr. William G. Peterson, Director Signal Engineering, 4515 Kansas Avenue, Kansas City, Kansas 66106.

The Burlington Northern and Santa Fe Railway Company (BNSF) seeks relief from the requirements of the Rules, Standards and Instructions, 49 CFR, Part 236, Section 236.110, to the extent that each test record, need not be signed by the person making the inspection or test. In lieu of the signature, the BNSF proposes to implement an electronic system for recording and maintaining signal inspection records, that uniquely identify the person as the author of the record with a PIN number or password. Once a record is entered and verified, it cannot be modified. In conjunction with this relief, the BNSF also requests the utilization of an electronic system for recording and maintaining applicable inspection and test records as defined in 49 CFR, Part 234, subject to approval by the Associate Administrator for Safety, as required by Section 234.273. A pilot program is planned for approximately 100 signal employees located in Washington, Idaho, Montana, Texas, and Louisiana.

Applicant's justification for relief: The BNSF believes that the electronic system will serve the best interest of the BNSF and the Federal and State Inspection authorities that are required to inspect records. The BNSF also anticipates this system will provide many benefits, including: improved availability of test records, improved management reporting of compliance, improved consistency for filing records, and a reduction in the need for paper documentation.

Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above.

All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PI-401, 400 7th Street, SW., Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the 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.

FRA wishes to inform all potential commenters that 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) or you may visit http://dms.dot.gov.

FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing.

Issued in Washington, DC, on November 1, 2004.

Grady C. Cothen, Jr.,

Acting Associate Administrator for Safety.