[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61121-61122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27776]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-27868]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on November 16, 2017, the Durbin & 
Greenbrier Valley Railroad, Inc. (DGVR) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR part 
223. FRA assigned the petition Docket Number FRA-2007-27868.
    Specifically, DGVR seeks to renew its waiver of compliance from the 
glazing regulations in 49 CFR 223.11, Requirements for existing 
locomotives, for one locomotive, identified as DGVR Locomotive Number 
82. The locomotive is a 1,500 horsepower diesel electric locomotive, 
model BL-2, built by Electro Motive Division of General Motors in 1948 
and still has the original glazing intact. The locomotive was 
originally built strictly for branch line service and continues to be 
used exclusively in this manner. The locomotive is housed in Belington, 
West Virginia, and is used sporadically on track leased by a subsidiary 
division of DGVR, the West Virginia Central Division. DGVR states that 
DGVR Locomotive Number 82 is used in a limited manner for freight and 
excursion service along 89 miles of rural and wilderness track. The 
maximum authorized speed over this track does not exceed Class 2 track 
speeds. DGVR states that there are only two overpasses over the track, 
both of which are patrolled by local law enforcement officials on a 
regular basis, and that there is no history of vandalism along this 
track. DGVR 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 Type I & II glazing is significant, with only a marginal 
increase in safety due to the low speed. A copy of the petition, as 
well as any written communications concerning the petition, is 
available for review online at www.regulations.gov and in person at the 
U.S. Department of Transportation's (DOT) Docket Operations Facility, 
1200 New Jersey Avenue SE, W12-140, Washington, DC 20590. The Docket 
Operations Facility is open from 9 a.m. to 5 p.m., Monday through 
Friday, except Federal Holidays.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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 and may be submitted by any of the following 
methods:
     Website: 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 by February 9, 2018 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual

[[Page 61122]]

submitting the comment (or signing the document, if submitted on behalf 
of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), 
DOT solicits comments from the public to better inform its processes. 
DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of 
regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-27776 Filed 12-22-17; 8:45 am]
BILLING CODE 4910-06-P


