

[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]               
[Page 73969]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de07-217]                         

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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.

Durbin & Greenbrier Valley Railroad

[Waiver Petition Docket Number FRA-2007-27868]

    The Durbin & Greenbrier Valley Railroad, Inc. (DGVR), a Class III 
railroad, seeks a waiver of compliance from the requirements of CFR 
Sec.  223.11 Requirements for existing locomotives for Locomotive 
Number 82. Specifically, DGVR petitioned FRA for a waiver for a 1,500 
horsepower diesel electric locomotive, model BL-2, built by the Electro 
Motive Division of General Motors in 1948. This locomotive is on loan 
from the State of West Virginia (WV) Rail Authority. The locomotive is 
stored in Belington, WV, and operated by a subsidiary division of DGVR, 
the West Virginia Central.
    Locomotive Number 82 is used on a limited basis for freight and 
excursion passenger service from a station in Hi Falls, WV (Milepost 
(MP) 51) to Tygart Junction, WV (MP 0.02), approximately 50 miles. 
There are 21 highway/rail crossings at grade, and two overpasses. One 
is located in Elkins, WV, and the other approximately 10 miles east of 
Elkins. The railroad operates through rural and relatively unpopulated 
areas, and there have been no reports of glazing vandalism along this 
right-of-way.
    The petitioner believes that this locomotive can be safely operated 
throughout the rural area with the current non-compliant safety-type 
glazing. The cost to DGVR 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-
2007-27868) 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 December 19, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E7-25069 Filed 12-27-07; 8:45 am]

BILLING CODE 4910-06-P
