[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Page 17026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7119]


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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.

Dubois County Railroad (DCR)

(Waiver Petition Docket Number FRA-2004-16890)

    The Dubois County Railroad has petitioned for a permanent waiver of 
compliance for one (1) locomotive, specifically DCRR 78, from the 
requirements of Safety Glazing Standards, 49 CFR 223.11. Section 223.11 
states, (a) Locomotives, other than yard locomotives, built or rebuilt 
prior to July 1, 1980, which are equipped in the forward and rearward 
end facing glazing locations of the locomotive cab windshield with a 
glazing material that meets the criteria for either portion of the 
impact testing required for a Type I test under the provisions of 
appendix A of this part, will not require the installation of certified 
glazing in the windshield location except to replace windshield glazing 
material that is broken or damaged. (b) Locomotives, other than yard 
locomotives built or rebuilt prior to July 1, 1980 which are equipped 
in all locomotive cab side facing glazing locations with a glazing 
material that meets the criteria for either portion of the impact 
testing required for a Type II test under the provisions of appendix A 
of this part, will not require the installation of certified glazing in 
the side facing glazing location except to replace side facing glazing 
material that is broken or damaged.
    The locomotive, an ALCO S-2 1,000 HP switcher manufactured in 1950, 
presently has safety glass in good condition, but operating without FRA 
approved safety glazing.
    The DCR operates over 16 miles of railroad in a rural area between 
Huntingburg, IN and Dubois, IN, under yard limit rules for the entire 
16 miles of the operation. Maximum operating speed is 10 miles per 
hour. The DCRR has experienced no problems with vandalism. Presently, 
the DCRR maintains an FRA waiver for safety glazing on locomotive DCRR 
101.
    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 2004-
16890) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 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 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.
    Anyone is able to search the electronic form of all 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). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on March 25, 2004.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 04-7119 Filed 3-30-04; 8:45 am]
BILLING CODE 4910-06-M