[Federal Register Volume 69, Number 167 (Monday, August 30, 2004)]
[Notices]
[Pages 52956-52957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19741]


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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.

Western Railroad Supply (Waiver Petition Docket Number FRA-2004-17988)

    Western Railroad Supply 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 company performs railcar 
switching at Dow Chemical located at 901 Loveridge Road, Pittsburg, 
California. During switching activity, crews leave the plant track to 
access a storage yard located on BNSF track. Track distance within the 
yard is approximately 10 miles. Distance of the BNSF track is less than 
1 mile. Crews operate between the hours of 4 pm to 4 am, Monday through 
Friday within a fenced area, maintaining 24 hour security.
    This request is for one locomotive, specifically locomotive number 
IRLX 1001. At the present time, the engine is a backup unit and is 
equipped with Auto Safety Glazed glass in all windows. The company 
claims that in their four years of operations, there has

[[Page 52957]]

never been an instance of vandalism to the equipment or at this 
location.
    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-
17988) 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 23, 2004.
Grady C. Cothen, Jr.
Acting Associate Administrator for Safety.
[FR Doc. 04-19741 Filed 8-27-04; 8:45 am]
BILLING CODE 4910-06-P