

[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Notices]               
[Page 8396-8397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe08-164]                         

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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.

The LB Railco

[Docket Number FRA-2007-28613]

    The LB Railco (LBRR), seeks a waiver of compliance from certain 
provisions of Safety Glazing Standards, 49 CFR Part 223, that requires 
certified glazing for two self-propelled switcher locomotives.
    LBRR has been operating for the past several years as an industrial 
switcher for the Port of San Francisco. LBRR plans to expand its 
operation from currently four (4) miles to seven (7) miles of track as 
the primary shortline railroad operator for the Port of San Francisco 
once a new bridge is completed. LBRR plans to continue to use the 
Port's two historic ALCO S-2 switcher locomotives (LB 1 and LB 2) to 
service their current two customers and any customers that may require 
switching service at the Port in the future.
    LBRR operates at a maximum speed of 20 mph with an average speed of 
5 mph. The two ALCO S-2 switcher locomotives both have their original 
glass in the cabs, consisting of 13 separate windows in each cab. The 
glazing in these windows do not conform to 49 CFR Part 223 Safety 
Glazing Standards; however, the locomotives have been operating for the 
past 62 years in and around the same area of San Francisco, in which 
they currently operate and the glass has remained intact without 
damage.
    LBRR requests a waiver from 49 CFR Part 223 requirements for these 
two locomotives because the locomotives operate at very slow speeds in 
a safe area. Both locomotives have historic significance and by 
replacing the glazing would diminish the historic value with an 
estimated cost of $15,000.00 to modify the glazing in each locomotive 
which would be prohibitively expensive.
    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-
2007-28613) 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.

[[Page 8397]]

     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 8, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-2686 Filed 2-12-08; 8:45 am]

BILLING CODE 4910-06-P
