
[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Notices]               
[Page 14843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap09-90]                         

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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.

Sunflour Railroad Inc./Denver Rock Island Railroad

[Docket Number FRA-2003-15513]

    The Sunflour Railroad Inc./Denver Rock Island Railroad (SNR) of 
Commerce City, Colorado, has petitioned for a permanent waiver of 
compliance for one locomotive (SNR 61) from the requirements of the 
Railroad Safety Glazing Standards, Title 49 CFR Part 223, which require 
certified glazing in all windows. The locomotive is equipped with 
automotive type safety glass that is in good condition with no 
discoloration. SNR operates over 26.3 miles of excepted track in 
primarily rural territory at speeds not exceeding 10 miles per hour. 
There has been no instances of vandalism from the time the original 
waiver was granted in 2003. As stated in their original petition for 
waiver in 2003, SNR states that the expense of retrofitting the 
locomotive to comply with FRA Safety Glazing Standards would impose an 
undue financial burden on the company to protect against 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-
2003-15513) 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 March 26, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E9-7248 Filed 3-31-09; 8:45 am]

BILLING CODE 4910-06-P
