
[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Notices]               
[Page 9637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr10-104]                         

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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.

Burlington Junction Railway

[Waiver Petition Docket Number FRA-2010-0017]

    The Burlington Junction Railway (BJRY) of Burlington, Iowa, has 
petitioned for a permanent waiver of compliance for one Baldwin RS-4-TC 
locomotive built in 1953, and rebuilt in 1988, numbered BJRY 3238, from 
the requirements of the Railroad Safety Glazing Standards, Title 49 CFR 
Part 223, which require certified glazing in all windows. The railroad 
indicates that the locomotive is used to switch an industrial park next 
to the City of Rochelle, Illinois, over an approximately 3.0-mile long 
track surrounded by warehouses and undeveloped rural agriculture 
fields. The locomotive is used as a stand-by for the primary unit, and 
is used two to three times a month. The top speed of operations is 10 
mph. BJRY has provided an estimate of $5,914.26 for material and 
assembly that does not include installation costs.
    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-
2010-0017) 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 26, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-4376 Filed 3-2-10; 8:45 am]
BILLING CODE 4910-06-P

