
[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78731-78732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32457]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0015]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated February 10, 2011, Drake Switching Company, LLC (DSC) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 223. FRA assigned the petition 
Docket Number FRA-2011-0015.
    DSC seeks a waiver of compliance from certain provisions of the 
Safety Glazing Standards-Locomotives, Passenger Cars and Cabooses, 49 
CFR part 223, which requires certified glazing in all windows.
    This request is for a shuttlewagon (Car Number SWX735), which is 
used as a locomotive. DSC states that this shuttlewagon is equipped 
with DOT-002 and DOT-22 glazings, instead of the FRA Type I and II 
glazing required by 49 CFR part 223. Drake Cement Company's operation 
requires inbound and outbound rail car movement for raw materials. In 
order to serve the plant, Drake Cement Company acquired and built 
approximately 4 miles of yard track and established DSC. The 4-mile 
track allows the BNSF Railway Company (BNSF) to interchange traffic to 
and from Drake Cement Company at Drake, AZ. DSC has operating authority 
from the Surface Transportation Board (STB). DSC also trained its 
personnel for all rail operations involved in handling the switching. 
DSC purchased a new shuttlewagon, SWX735, for its self-propelled power 
(locomotive).
    DSC obtained a quote for modifying the shuttlewagon to compliant 
glazing. DSC believes this cost is not justified because DSC uses it 
once or twice a week and 100 percent of the use of the shuttlewagon is 
restricted to yard movement with speeds less than 10 mph.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave. 
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is 
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays.
    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 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,

[[Page 78732]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by February 2, 2012 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 comment (or signing the comment, 
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 (Volume 65, Number 70; Pages 
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 14, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-32457 Filed 12-16-11; 8:45 am]
BILLING CODE 4910-06-P


