
[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Notices]               
[Page 48121-48122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se09-96]                         

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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.

Ballard Terminal Railroad Company, LLC (Waiver Petition Docket Number 
FRA-2009-0029)

    The Ballard Terminal Railroad Company, LLC (BTRC) of Seattle, WA, 
has petitioned for a permanent waiver of compliance for one locomotive 
(BDTL 98) and one caboose (MSN 10056) from the requirements of the 
Railroad Safety Glazing Standards, Title 49 CFR part 223, which require 
certified glazing in all windows. BTRC operates two small freight 
railroads, namely 3-mile long Ballard Terminal Railroad (BDTL) since 
1998, and 5-mile long Meeker Southern Railroad (MSN) since 2000, in 
western Washington state. BTRC states that they have been completely 
accident and incident free.
    The subject locomotive BDTL 98 on the BDTL line is a 1940 EMC SW-1 
600 hp switching locomotive whose side windows conform to Title 49 CFR 
223.11 glazing requirements; however, the front and rear windows do 
not. The front and rear windows are glazed with \1/4\ inch laminated 
safety glass that is in good condition with no discoloration. BTRC 
states that this very early EMC locomotive has different window 
geometry from the ``post war'' locomotives of the same series. As such, 
the cost of a set of custom windows meeting FRA requirements is 
basically prohibitive for their small company.
    The subject caboose MSN 10056 on the MSN line is an ex-BNSF all 
steel caboose with cupola that is used primarily as a ``shoving 
platform.'' BTRC states that when they acquired the caboose, all of the 
windows were covered up with sheet metal. Upon removal of the sheet 
steel, it was discovered that all of the windows were old and damaged 
such that they were nearly opaque. Due to uncertainty of spare parts 
and cost considerations, BTRC replaced all of them with \1/4\ inch 
laminated safety glass which does not comply with Title 49 CFR 223.13 
glazing requirements. However, the installed glass remains in good 
condition with no discoloration.
    BTRC states that they operate in a primarily agricultural area, 
which is a very benign environment. In 8 years, they have not 
experienced any rock throwing or shooting damage to the equipment. 
BTRC's maximum operating speed is 10 mph, and their trains average five 
cars in length. BTRC further states that the expense of retrofitting 
the subject locomotive and caboose to comply with FRA Safety Glazing 
Standards would impose an undue financial burden on their small company 
to protect against situations they do not encounter.

[[Page 48122]]

    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-
2009-0029) 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 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-22578 Filed 9-18-09; 8:45 am]

BILLING CODE 4910-06-P
