
[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]               
[Page 56888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se08-112]                         

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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) has 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.

Great Smoky Mountain Railroad

[Waiver Petition Docket Number FRA-2008-0096]

    The Great Smoky Mountain Railroad (GSM) has petitioned FRA to grant 
a waiver of compliance of the Safety Glazing Standards, 49 CFR 223.13, 
Requirements for Existing Cabooses. Specifically, this waiver request 
is for three (3) cabooses, GSM 01490, GSM 637 and X782. The noted 
cabooses are normally used for captive tourist service. On occasion, 
they are used for freight service to interchange with the Norfolk 
Southern Railroad within yard limits over 10 miles of the 53 miles of 
total track to comply with 49 CFR 232.407, Operations Requiring Use of 
a Two Way End of Train Device.
    The 3 cabooses operate over a combination of class 1 and class 2 
track at a speed not exceeding 20 miles per hour. The total trackage is 
53 miles. The 3 noted cabooses are presently equipped with a mixture of 
safety glass and Lexan (polycarbonate thermoplastic). GSM has been in 
business for over 20 years, and to this date, there has been no record 
of any accident/incident and/or injury to any railroad employee that 
involved glazing. The cost to replace the present glazing would be cost 
prohibitive, and the estimated cost would be approximately $3,270 plus 
labor.
    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-
2008-0096) 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 September 24, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-22904 Filed 9-29-08; 8:45 am]

BILLING CODE 4910-06-P
