[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Notices]
[Page 55305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21921]


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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 arguments in favor of relief.

Iowa Northwestern Railway

[Docket Number FRA-2002-12434]

    The Iowa Northwestern Railway proposes to operates a diesel 
electric locomotive, number IANW 632, with laminated safety glass 
glazing which is non-compliant with current Federal Safety Regulations. 
This locomotive, Model C-420, built by the American Locomotive Company 
(Alco) of Schenectady, New York in 1966 is proposed to operate in 
limited regular service, less than once per week, on a new shortline 
railroad the Iowa Northwestern Railway. The locomotive would operate in 
a rural/suburban area between Allendorf and Superior, Iowa, a distance 
of 37.3 miles through Dickinson and Osceola Counties. Osceola County is 
a rural area, with only two out of 13 grade crossings protected by 
signal lights. Dickinson County is also primarily rural with three out 
of 27 grade crossings protected by signal lights. The first 32 miles of 
the IANW are operated as FRA Class II track, with a maximum speed of 25 
mph. The remaining 5.3 miles of track are classified by FRA as 
``Excepted Track'', and used for car storage.
    The IANW requests relief from the requirements of Title 49 Code of 
Federal Regulations (CFR) Sec. 223.11 Requirements for existing 
locomotives due to the infrequent use of the locomotive, the rural area 
of operation, and the cost of installing compliant glazing. Upon 
researching historical occurrences of vandalism to railway glazing on 
the branch now operated by the IANW, the Union Pacific Railroad, former 
owner, indicated to the IANW that no such acts were reported.
    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 FRA-
2002-12434) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room P1-401 (Plaza Level), 400 Seventh 
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 a.m.--5 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 August 20, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-21921 Filed 8-27-02; 8:45 am]
BILLING CODE 4910-06-P