[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Page 22577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10274]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0045]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 27, 2018, the Federal 
Railroad Administration (FRA) received a petition from Burlington 
Junction Railway (BJRY) 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-2018-0045.
    Specifically, BJRY seeks a waiver of compliance from the glazing 
regulations in 49 CFR 223.11, Requirements for existing locomotives, 
for one locomotive, identified as BJRY Locomotive Number 3236. This 
locomotive was originally manufactured by Baldwin Locomotive Works in 
1954 as part of an Army defense project, and was remanufactured in 
1988. The locomotive is currently housed in Burlington, IA, and does 
not have FRA-compliant glazing.
    BJRY intends to use this locomotive as a backup to their primary 
locomotive when it is down for inspections or repairs. Locomotive BJRY 
3236 will be used for freight car switching in an industrial area on 
approximately 1.5 miles of track. The route consists of one overpass 
and six public grade crossings. The maximum speed that this locomotive 
will operate is 10 miles per hour.
    BJRY provided documentation from the City of Burlington showing no 
train accidents and seven reports of criminal mischief (vandalism to 
vehicles) for the past three years. BJRY believes that this locomotive 
can be safely operated throughout the area with the current non-
compliant glazing. The cost to BJRY for installation of all new window 
frames and compliant FRA Type I & II glazing is significant, with only 
a marginal increase in safety due to the limited use, short route, and 
low speed.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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:
     Website: 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 June 29, 2018 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can 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 document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-10274 Filed 5-14-18; 8:45 am]
 BILLING CODE 4910-06-P


