
[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Notices]               
[Page 12810-12811]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr10-120]                         

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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.

Morton Buildings, Inc.

[Waiver Petition Docket Number FRA-2010-0015]

    The Morton Buildings, Inc. (MBI) has petitioned FRA for a waiver of 
compliance from the requirements of 49 CFR 223.11 Safety Glazing 
Standards for Locomotives, 49 CFR 231.30 Locomotives used in Switching 
Service, 49 CFR Part 224 Reflectorization of Rail Freight Rolling 
Stock, and 49 CFR Part 229 Locomotive Safety Standards, for one Whiting 
Trackmobile. MBI is a manufacturer of steel clad buildings and the 
company is located in Morton, IL, with six other manufacturing 
locations. One of the six locations in Spencer, IA, is not served by 
rail and MBI provides for switching of approximately one hundred cars a 
year, utilizing a ``Whiting Trackmobile'' a self-propelled highway/rail 
vehicle.
    MBI states in their request that they operate over 3.2 miles of 
former Soo Line track known as the North Railroad Spur Track, which 
they lease from the city of Spencer. MBI only provides service to 
itself, switching of cars is done in daylight hours, and they do not 
operate the trackmobile during inclement weather. The trackmobile is 
always operated in the lead position at speeds not to exceed 10 miles 
per hour. The approval of this request would allow for continued use of 
the Whiting Trackmobile for MBI operations.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or

[[Page 12811]]

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-
2010-0015) 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 March 10, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-5753 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-06-P

