[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Notices]
[Page 43570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21533]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Petition for Exemption or Waiver of Compliance

    In accordance with 49 CFR 211.9 and 211.41, notice is hereby given 
that the Federal Railroad Administration (FRA) has received a request 
for waiver of compliance with a requirement of its safety standards. 
The individual petition is described below, including the party seeking 
relief, the regulatory provisions involved, and the nature of the 
relief being requested.
    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 RSGM-96-
05) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street, S.W., Washington, D.C. 20590. Communications received 
within 45 days of the date of publication of this notice, will be 
considered FRA before final action is taken. Comments received after 
that date will be considered as far as practical. All written 
communications concerning these proceedings are available for 
examination during regular business hours (9:00 a.m.-5:00 p.m.) in Room 
8201, Nassif Building, 400 Seventh Street SW., Washington, DC 20590.
    The individual petition seeking an exemption or waiver of 
compliance is as follows:

Beech Mountain Railroad Company (BMRR) (RSGM-96-05)

    The Beech Mountain Railroad Company (BMRR) seeks a permanent waiver 
of compliance with the Safety Glazing Standards (49 CFR 223.9(a), 
certified glazing) for its two locomotives, ALCO S2 1,000HP #113 and 
#115, built in the early 1950s.
    BMRR is a Class III Railroad operating within Randolph and Upshur 
Counties in the state of West Virginia. According to the requesting 
railroad, the crew consists of five men comprised of one supervisor, 
one engineer, one brakeman, and two track servicemen. BMRR is privately 
owned by Carter-ROAG Coal Company (CRCC). The purpose of the BMRR 
operations is to provide transfer service between the CSX interchange 
located in Alexander, West Virginia and the CRCC Preparation Plant 
located in Star Bridge, West Virginia. The BMRR line transverses--
without instances of broken glass due to projectiles--a remote and 
isolated area. The BMRR railroad indicates that the locomotives are 
early 1950 models and installation of the safety glazing would require 
extensive and expensive refacing of the locomotive cabs and that all 
the employees are aware of this request for exemption and support it 
without exception.

    Issued in Washington, DC, on August 16, 1996.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 96-21533 Filed 8-22-96; 8:45 am]
BILLING CODE 4910-06-M