[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Pages 17025-17026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7120]


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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.

Almanor Railroad (AL)

(Waiver Petition Docket Number FRA-2004-17030)

    The Almanor Railroad has petitioned for a permanent waiver of 
compliance for one (1) locomotive, specifically Locomotive 
165, 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 was purchased from the Lions Club in Spokane, 
Washington, as POVA 103, 70-Ton GE manufactured in 1956; it is now AL 
Locomotive 165. The Lions Club maintained a FRA waiver for 
safety glazing on this locomotive prior to the AL purchasing the 
locomotive.
    The AL Railroad operates in a private yard and over 13 miles of 
private track to the main line junction in Plumas County.
    The AL has also recently taken Locomotive 166 out of 
commission. This locomotive also had an FRA waiver for safety glazing 
in place during its tenure.
    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

[[Page 17026]]

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-
17030) and must be submitted to the Docket Clerk, DOT 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 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 22, 1000 (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. 04-7120 Filed 3-30-04; 8:45 am]
BILLING CODE 4910-06-M