
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]               
[Page 77870-77871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-196]                         

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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.

Burlington Junction Railway

[Waiver Petition Docket Number FRA-2008-0133]

    The Burlington Junction Railway (BJRY) located in Burlington, Iowa, 
has petitioned FRA to grant a waiver of compliance from 49 CFR part 
223, Railroad Locomotive Safety Glazing Standards, for one locomotive, 
specifically locomotive number BJRY 8711. BJRY 8711 is used primarily 
in switch service for an industrial park next to the city of Rochelle, 
Illinois, which has a population of approximately 8,000 people. They 
operate over three (3) miles of track and the surrounding area is 
composed of warehousing and underdeveloped rural agriculture fields. 
There are also three (3) grade crossings within the industrial park and 
BJRY operates at a speed not exceeding ten (10) miles per hour. The 
cost of replacing the existing glazing with FRA Type I or Type II 
safety glazing would impose an extreme financial burden.
    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 2008-
0133) 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).


[[Page 77871]]


    Issued in Washington, DC on December 15, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-30159 Filed 12-18-08; 8:45 am]

BILLING CODE 4910-06-P
