[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Notices]
[Page 18729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7079]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-27556]


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 favour of relief.

SMS Lines

[Docket Number FRA-2007-27556]

    The SMS Lines, a Class III railroad, seeks a waiver of compliance 
from the requirements of Title 49 CFR 223.11. SMS has operated within 
the Pureland Industrial Park in Bridgeport, Gloucester County, New 
Jersey since June, 1994. The petitioner proposes to use Locomotive 
Number 412, on a limited basis only at this location for yard and local 
switching service.
    Locomotive Number 412, model VO-1000, was built by the Baldwin 
Locomotive Works (BLW) in 1945, and is owned by the United Railroad 
Historical Society (URHS), a non-profit organization. SMS is assisting 
the URHS in the restoration of this locomotive and upon completion, 
would operate it over approximately 5 miles of track with three grade 
crossings within the industrial park. The current operations average 1 
train per day, 6 days per week, year-round throughout the park at 
restricted speed. All track is FRA Class I (10 mph).
    The petitioner believes that this locomotive can be safely operated 
throughout the industrial park with the current non-compliant safety-
type glazing. The cost to the URHS for installation of all new window 
frames and compliant FRA Types I & II glazing is significant with only 
a marginal increase in safety due to the low speed. Historically, there 
has been no vandalism of railroad glazing within the Pureland 
Industrial Park, and there are no overhead bridges nor tunnels.
    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-
2007-27556) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, Room Pl-401, Washington, DC 
20590-0001. 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 DOT Central Docket Management Facility, Room Pl-401 (Plaza Level), 
400 Seventh Street, SW., Washington, DC. 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 19377-78). The statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on April 9, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-7079 Filed 4-12-07; 8:45 am]
BILLING CODE 4910-06-P