
[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Notices]               
[Page 9636-9637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr10-103]                         

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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.

S&S Shortline Railroad, LLC

[Waiver Petition Docket Number FRA-2010-0002]

    The S&S Shortline Railroad, LLC (SSR) of Farmington, Utah, has 
petitioned for a permanent waiver of compliance for one locomotive (SSR 
4501) and one caboose (SSR 1469) from the requirements of the Railroad 
Safety Glazing Standards, 49 CFR part 223, which require certified 
glazing in all windows. SSR is a small railroad in Northern Nevada. The 
railroad is located in a very remote and isolated portion of the state 
and has been free of vandalism and other incidents. Because of the 
remoteness and isolation, SSR does not anticipate any vandalism 
problems.
    The subject locomotive, SSR 4501, is a 1940's era GE 45-ton 300-hp 
switching

[[Page 9637]]

locomotive. The front, rear and side glazing does not conform to 49 CFR 
223.11 glazing requirements; however, these windows are glazed with \1/
4\'' laminated safety glass that is in good condition with no 
discoloration. The locomotive is primarily used as a backup locomotive. 
The subject caboose, SSR 1469, is an ex D&RGW steel caboose with cupola 
that is used primarily as a ``shoving platform.'' This caboose was 
acquired with the original glazing in good condition with no 
discoloration, but does not meet the 49 CFR 223.13 glazing 
requirements.
    SSR states that they operate primarily in the Bureau of Land 
Management open range and agricultural environment. They do not 
experience any rock throwing or shooting at their equipment, and 
operate at a maximum speed of 10 mph. SSR states that the expenses of 
retrofitting the subject locomotive and caboose to comply with FRA 
glazing safety standards will impose an undue financial burden on their 
small railroad to protect from situations they do not encounter.
    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-
2010-0002) 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 February 25, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-4332 Filed 3-2-10; 8:45 am]
BILLING CODE 4910-06-P

