[Federal Register Volume 67, Number 4 (Monday, January 7, 2002)]
[Notices]
[Page 762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-308]


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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) received a request for a waiver of compliance with 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 argument in favor of relief.

Durbin & Greenbrier Valley Railroad, Inc.

[Docket Number FRA-1999-5183]

    The Durbin & Greenbrier Valley Railroad, Inc. (DGVR) seeks a waiver 
of compliance from certain provisions of the Safety Glazing Standards, 
49 CFR 223.11, safety glazing requirements for existing locomotives.
    DGVR stated that it has a locomotive (BL-2) which was built in 
1948. The locomotive is on loan from the West Virginia State Rail 
Authority. This locomotive is used sporadically on track leased by 
DGVR's West Virginia Central Division.
    DGVR requests the waiver based on the following three reasons: (1) 
The locomotive will be operated one to six excursions per week along 28 
miles of rural and wildness track. There is no history of vandalism 
along this track. Most of this track passes through remote areas. Speed 
along the entire track is restricted under yard limit rules to no more 
than 15 miles per hour. There is only one overpass over the track and 
the overpass is a protected flood gate overpass which is continually 
patrolled. (2) The locomotive is a rare 1948 vintage BL-2 with the 
original glazing intact. Only a few of these types of engines were 
produced. Altering glazing on this old locomotive would change its 
appearance and would detract from its historic value and appeal. (3) 
This locomotive was originally built strictly for branch line service 
and it will be used exclusively in this manner.
    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 1999-
5183) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. 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 (9:00 a.m.--5:00 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://dms.dot.gov.

    Issued in Washington, DC, on December 17, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-308 Filed 1-4-02; 8:45 am]
BILLING CODE 4910-06-P