[Federal Register: November 30, 2007 (Volume 72, Number 230)]
[Notices]
[Page 67781-67782]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no07-107]
-----------------------------------------------------------------------
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.
SMS Lines
[Waiver Petition Docket Number FRA-2007-0007]
The SMS Lines (SMS), a Class III railroad, seeks a waiver of
compliance from the requirements of Title 49 Code of Federal
Regulations (CFR) Sec. 223.11 Requirements for existing locomotives.
SMS has operated within the Pureland Industrial Park in Bridgeport,
Gloucester County, New Jersey since June, 1994. The petitioner proposes
to use three switching type locomotives numbers 102, 308, and 309 on a
limited reserve basis for yard and local switching service.
SMS Locomotives Number 102, model DS 4-4-750 was built in 1951, 308
model S-12 was built in 1953, and 309 model S-12 was built in 1952, by
the Baldwin Locomotive Works (BLW). They would operate over
approximately 5 miles of track with four grade crossings within the
Industrial Park at Bridgeport, New Jersey, and one grade crossing at
the Valery Refinery in Paulsboro, New Jersey. Current operations
average 1 train per day, 6 days per week, year-round at each location
operating at restricted speed, as all track is FRA Class I (10 mph).
The petitioner believes that this locomotive can be safely operated
throughout the industrial park and refinery with the current non-
compliant safety-type glazing. The cost to the SMS for installation of
all new window frames and compliant FRA Types I and II glazing is
significant, with only a
[[Page 67782]]
marginal increase in safety due to the low speed. Historically,
railroad glazing has not been vandalized within the Pureland Industrial
Park or the Valero Refinery, and there are no overhead bridges or
tunnels.
All three locomotives are in reserve status, and only used when the
regularly assigned locomotives are unavailable due to inspection or
repair. SMS plans to upgrade the glazing in all three locomotives to
compliant FRA Types I and II material as they are overhauled and
repainted.
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 (i.e., Waiver Petition Docket Number FRA-
2007-0007) and may be submitted by any of the following methods:
Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received within 45 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: //http://www.regulations.gov.
Anyone is able to search the electronic form of any written
communications and 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).
Issued in Washington, DC, on November 26, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E7-23200 Filed 11-29-07; 8:45 am]
BILLING CODE 4910-06-P