[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Notices]
[Pages 53767-53768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20064]


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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 regulations. 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.

Red River Valley & Western Railroad Company, and Red River Grain

[Waiver Petition Docket Number FRA-2004-17993]

    The Red River Valley & Western Railroad Company (RRVW) and Red 
River Grain (RRG) petitioners propose to operate a diesel electric 
locomotive, number RRVW 1213, with laminated safety glass glazing, 
which is non-compliant with current Federal Safety Regulations. The 
locomotive, Model SW1200, built by General Motors' Electro Motive 
Division (EMD) at LaGrange, Illinois in 1959, is proposed to operate in 
switching and industrial operations. The above mentioned locomotive is 
owned by RRG of Breckenridge, Minnesota and is also named as the co-
petitioner for this waiver. RRVW operates 456 miles of mainline track 
primarily in North Dakota, with a switching/interchange yard located in 
Breckenridge, Minnesota. The towns that RRVW operates in and through 
are sparsely populated rural areas that are primarily utilized for 
agricultural or ranching purposes. Presently, the maximum track speed 
is 25 MPH.
    The RRVW began operations in 1987 by acquiring branch lines from 
the Burlington Northern Railroad Company. Since that time, petitioners 
have reported that there have been no acts of vandalism inflicted on 
any of their locomotives. This includes rock throwing and gunfire 
directed at locomotive while moving or stationary.
    The petitioners request relief from the requirements of Title 49 
Code of Federal Regulations (CFR) 223.11 Requirement for existing 
locomotives because the locomotive operates in rural areas and is 
primarily utilized in switching or industrial service. Both petitioners 
report that their records indicate that no acts of vandalism have 
occurred to any of their locomotives. The petitioners also report that 
replacement of the glazing at this time would create an unnecessary 
financial burden.
    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-
2004-17993) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 Seventh Street, 
SW., Washington, DC 20590. Communications received within 30 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 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.


[[Page 53768]]


    Issued in Washington, DC on August 27, 2004.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 04-20064 Filed 9-1-04; 8:45 am]
BILLING CODE 4910-06-P