
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Page 179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31112]


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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.

Ashtabula, Carson & Jefferson Railroad

[Waiver Petition Docket Number FRA-2009-0089]

    The Ashtabula, Carson & Jefferson Railroad (ACJR) of Jefferson 
City, Ohio, has petitioned for a permanent waiver of compliance for one 
locomotive (ACJR 7371) from the requirements of the Railroad Safety 
Glazing Standards, Title 49 CFR Part 223, which require certified 
glazing in all windows. The locomotive is equipped with Plexiglas-type 
safety glazing that is in good condition, clear and un-scratched.
    ACJR operates over 6.3 miles of track running from the industrial 
area of an Ohio village through level farm lands and wooded areas to 
its interchange, which is also located in a rural area at speeds not 
exceeding ten miles per hour. ACJR states that there has been no 
instance of vandalism in 25 years of its operations. ACJR further 
states that the expense of retrofitting the locomotive to comply with 
FRA Safety Glazing Standards would impose an undue financial burden 
that ACJR cannot bear at this time. 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-
2009-0089) 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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on December 28, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-31112 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-06-P


