
[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Notices]               
[Page 33154]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn08-123]                         

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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 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.

Mid-Continent Railway Historical Society, Inc.

[Docket Number FRA-2006-26300]

    On March 15, 2007, FRA granted a waiver of compliance from certain 
provisions of the safety glazing standards, as prescribed by 49 CFR 
Section 223.11, Requirements for existing locomotives, to the Mid-
Continent Railway Historical Society, Inc. (MCRY) for diesel-electric 
Locomotive Number 1256. Condition Number 1 of the above-referenced 
approval letter states: ``This approval of the requirements of 49 CFR 
Section 223.11(c) shall apply to MCRY 1256 while operating on MCRY 
property at speeds not exceeding 10 mph.'' On December 31, 2007, MCRY 
asked FRA for reconsideration of Condition Number 1 to allow an 
increase in operating speed of the locomotive from 10 mph to 15 mph.
    MCRY is a tourist railroad operating over 4.2 miles of private 
rights-of-way in rural Wisconsin, with a track speed of 15 mph. In 
addition, FRA previously granted safety glazing waivers to MCRY for two 
of their diesel locomotives with maximum operating speeds of 15 mph. 
The petitioner states that when more than one train is operated at a 
time, it places an undue hardship on them by restricting the speed of 
Locomotive Number 1256 to 10 mph. There have been no reported 
accidents/injuries at MCRY related to safety glazing, and the change 
would make the conditions of this waiver consistent with those of the 
two previously granted. Pursuant to the receipt of the waiver request, 
FRA is hereby providing the public an opportunity to comment on this 
waiver.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. All communications 
concerning these proceedings should identify the appropriate docket 
number (FRA-2006-26300) and may be submitted by one 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.
    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.
    Communications received within 30 days of the date of this notice 
or within 30 days following the filing of supporting safety data, 
whichever is later, 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 
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 June 5, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-13113 Filed 6-10-08; 8:45 am]

BILLING CODE 4910-06-P
