

[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]               
[Page 7788-7789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe08-112]                         

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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.

Big West Oil, LLC

[Waiver Petition Docket Number FRA-2007-0025]

    The Big West Oil, LLC (FLYJ), a Class III railroad, seeks a waiver 
of compliance from the requirements of 49 CFR part 223.11 Requirements 
for existing locomotives for locomotive number 1. Specifically, FLYJ 
petitioned FRA for a waiver for a 600 horsepower diesel electric 
locomotive, model SW-600, built by the Electro Motive Division of 
General Motors in 1962. This locomotive is primarily used for 
industrial switching within an enclosed facility adjacent to the Big 
West Oil Refinery in Salt Lake City, Utah. The locomotive is stored 
during non-operational hours within a secure area of the refinery.
    Locomotive number 1 is used on a limited basis for industrial 
switching over 3.5 miles of privately owned track. There are two (2) 
highway/rail crossings at grade through the industrial property with no 
overpasses or bridges. The railroad operates Monday to Friday, an 
average of 4 hours per day, during daylight hours, with a 10 mph speed 
restriction through the industrial complex. There have been no reports 
of glazing vandalism along this right-of-way since the operation of 
this locomotive began in 1999.
    The petitioner believes that this locomotive can be safely operated 
throughout the industrial complex with the current non-compliant 
safety-type glazing. The cost to FLYJ for installation of all new 
window frames and compliant FRA Types I & II glazing is significant 
with only a marginal increase in safety due to the low speed.
    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-
2007-

[[Page 7789]]

0025) 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 February 4, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-2393 Filed 2-8-08; 8:45 am]

BILLING CODE 4910-06-P
