
[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Notices]               
[Page 14841]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap09-87]                         

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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.

New River Railway Company (Docket Number FRA-2009-0005)

    The New River Railway Company (NR) of Devonia, Tennessee, has 
petitioned for a permanent waiver of compliance for one locomotive (SOU 
520) and two rail passenger coaches (NR 290 and NR 808) from the 
requirements of the Railroad Safety Glazing Standards, Title 49 CFR 
Part 223, which require certified glazing in all windows. The 
locomotive, as well as the two coaches, are in good condition with no 
defective glass.
    NR operates between Huntsville and Devonia, Tennessee, a distance 
of approximately 32 miles, only on Saturday and Sunday. The territory 
is farm land, dense woodland and tall hills following NR. The operating 
speed is between 10 and 15 miles per hour (mph) and slowed down to 5 
mph at times for passengers to view certain scenery. NR states that 
there is no history of vandalism involving their operations. NR also 
states that no one makes the safety glazing for the subject locomotive 
and the coaches because of the age of the equipment, and that to have 
the glazing specially made to FRA specifications for this equipment 
could cost more than the equipment would be worth to start with.
    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-
2009-0005) 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 March 26, 2009
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E9-7251 Filed 3-31-09; 8:45 am]

BILLING CODE 4910-06-P
