
[Federal Register: December 18, 2009 (Volume 74, Number 242)]
[Notices]               
[Page 67305-67306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de09-122]                         

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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.

Railserve, Inc.

(Waiver Petition Docket Number FRA-2009-0115)

    The Railserve, Inc. (RASX) of Atlanta, Georgia, has petitioned for 
a permanent waiver of compliance for two (2) locomotives from the 
requirements of the Railroad Safety Glazing Standards, Title 49 CFR 
Part 223, which require certified glazing in all windows. The reporting 
marks on these locomotives

[[Page 67306]]

are RASX 2120 and RASX 1286. These locomotives are used in switching 
operations inside the Kinder Morgan chemical plant in Houston, Texas. 
The switching operations involve interchange with the Union Pacific 
Railroad for inbounds and outbounds only, on the trackage that is less 
than \1/4\ mile long. RASX states that there is no history of vandalism 
at the Kinder Morgan chemical plant in Houston, Texas, and that both 
locomotives are parked inside the plant at all times. The top speed of 
operations is 5 mph. RASX has stated that to install glass at FRA 
specifications would be cost prohibitive. 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-
2009-0115) 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 11, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-30200 Filed 12-17-09; 8:45 am]

BILLING CODE 4910-06-P
