[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Notices]
[Pages 9636-9637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4332]
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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) has received a request for a waiver of compliance from 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.
S&S Shortline Railroad, LLC
[Waiver Petition Docket Number FRA-2010-0002]
The S&S Shortline Railroad, LLC (SSR) of Farmington, Utah, has
petitioned for a permanent waiver of compliance for one locomotive (SSR
4501) and one caboose (SSR 1469) from the requirements of the Railroad
Safety Glazing Standards, 49 CFR part 223, which require certified
glazing in all windows. SSR is a small railroad in Northern Nevada. The
railroad is located in a very remote and isolated portion of the state
and has been free of vandalism and other incidents. Because of the
remoteness and isolation, SSR does not anticipate any vandalism
problems.
The subject locomotive, SSR 4501, is a 1940's era GE 45-ton 300-hp
switching
[[Page 9637]]
locomotive. The front, rear and side glazing does not conform to 49 CFR
223.11 glazing requirements; however, these windows are glazed with \1/
4\'' laminated safety glass that is in good condition with no
discoloration. The locomotive is primarily used as a backup locomotive.
The subject caboose, SSR 1469, is an ex D&RGW steel caboose with cupola
that is used primarily as a ``shoving platform.'' This caboose was
acquired with the original glazing in good condition with no
discoloration, but does not meet the 49 CFR 223.13 glazing
requirements.
SSR states that they operate primarily in the Bureau of Land
Management open range and agricultural environment. They do not
experience any rock throwing or shooting at their equipment, and
operate at a maximum speed of 10 mph. SSR states that the expenses of
retrofitting the subject locomotive and caboose to comply with FRA
glazing safety standards will impose an undue financial burden on their
small railroad to protect from situations they do not encounter.
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-
2010-0002) 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 document (or signing the
document, 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 (65 FR 19477) or at
http://www.dot.gov/privacy.html.
Issued in Washington, DC, on February 25, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-4332 Filed 3-2-10; 8:45 am]
BILLING CODE 4910-06-P