[Federal Register: May 12, 2008 (Volume 73, Number 92)]
[Notices]               
[Page 27022]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my08-69]                         

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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.

Northeast Illinois Railroad Corporation

(Waiver Petition Docket Number FRA-2008-0019)

    The Northeast Illinois Railroad Corporation (Metra), a commuter 
passenger railroad, seeks a waiver of compliance from the requirements 
of 49 CFR 223.9 Requirements for new or rebuilt equipment for Two 
highway capable vehicles/locomotives. Specifically, Metra petitioned 
FRA for a waiver from compliance for two hi-rail locomotive vehicles 
manufactured by Brandt Road Rail Corporation, numbers 05008 and 05009. 
These vehicles would be utilized to move stranded passenger trains 
during a rescue operation.
    Metra operates a commuter railroad in the six northeast counties of 
Illinois, surrounding the city of Chicago. There are approximately 787 
daily trains over twelve separate line segments, with a fleet of 142 
locomotives, 173 MU locomotives, and 822 cab control/trailer cars.
    The petitioner believes that these Brandt hi-rail vehicles/
locomotives can be safely operated with the current non-compliant 
shatter resistant safety-type glazing. If compliant FRA Types II 
glazing were installed in these vehicles in the drivers and passenger 
doors, the side facing windows could not roll down when needed, thus 
becoming stationary. Metra intends to install compliant FRA Type I 
glazing in the front windshield and rear facing window on these 
vehicles.
    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-
2008-0019) 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://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 May 6, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-10471 Filed 5-9-08; 8:45 am]

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