
[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Page 75699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30868]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0105]


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 December 19, 2011, Railserve Inc. (RSSX) of Atlanta, GA, 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 (Safety Glazing Standards--
Locomotives, Passenger Cars and Cabooses). FRA assigned the petition 
Docket Number FRA-2011-0105.
    RSSX has petitioned for a permanent waiver of compliance for one 
locomotive, RSSX 1, from the requirements contained at 49 CFR 223.11-
Requirements for existing locomotives; specifically, the requirements 
for FRA Type I material in the forward and rearward end-facing glazing 
locations of the locomotive cab windshield as well as FRA Type II 
material in all side-facing windows of the locomotive cab. RSSX states 
that it is a small switching operation inside the premises of the 
agribusiness company Cargill Inc. in Memphis, TN, and that it 
interchanges with Norfolk Southern Railway for cars inbound and 
outbound for the Cargill facility only, over a track that is less than 
a quarter of a mile. These switching operations occur at restricted 
speed that is 5 mph or less. RSSX further states that it does not have 
a history of vandalism inside the grounds of the Cargill facility. RSSX 
is requesting this relief on account of the prohibitive cost involved 
in retrofitting the locomotive with FRA-certified glazing. RSSX intends 
to install hurricane and/or safety glass if approved, which will 
maintain safety.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue, 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, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by February 4, 2013 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 17, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-30868 Filed 12-20-12; 8:45 am]
BILLING CODE 4910-06-P


