[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Notices]
[Page 48559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18198]



[[Page 48559]]

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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.

Wallowa Union Railroad (WURR)

[Waiver Petition Docket Number FRA-2004-18494]

    Wallowa Union Railroad seeks a waiver of compliance from certain 
provisions of the Safety Glazing Standards, 49 CFR Part 223, which 
requires certified glazing in all windows. The railroad operates an 
excursion train that consists of trips ranging from five miles to sixty 
miles and mainly runs through pastures or river canyons. Speeds are 
approximately 10 mph; however, there is a relatively straight section 
of track between MP 57 and MP 83 that is operated at 15 mph. The 
largest town that the railroad runs through has a population of 2,020 
with the county having a population of just over 7,000. Two of the 
total sixty-three miles of track are located within the largest town. 
The most frequently used public grade crossing has an ADT of 3,250.
    This request is for one locomotive, specifically locomotive number 
WURR 1120, which was originally purchased from the Idaho Northern and 
Pacific Railroad in May, 2003. The engine was built by Pullman, 
standard in 1947 and has no glazing material in the side facing 
windows. The company claims that the railroad is located in rural 
Northeastern Oregon with very limited access to the line outside of the 
railroad itself.
    The railroad also requests that two locomotives, the above 
mentioned WURR 1120 as well as WURR 2636, both built in 1947, be 
classified as antiquated equipment that is used only for excursion 
purposes per 49 CFR 223.3 (b)3.
    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-
18494) 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 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 August 2, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-18198 Filed 8-9-04; 8:45 am]
BILLING CODE 4910-06-P