[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Pages 36751-36752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13025]


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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 from 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.

Boone & Scenic Valley Railroad

[Docket Number FRA-2007-28097]

    By letter dated April 26, 2001, the Boone & Scenic Valley Railroad 
(BSV) petitioned FRA for a waiver of compliance from the requirements 
of 49 CFR 223.11, Existing locomotives, for four diesel electric 
locomotives, under Docket Number FRA-2001-9607. These four locomotives 
are: Numbers 1858 and 2254 (built by General Electric), Number 1098 
model S-2 (American Locomotive Company), and Number 1003 model NW-2 
(Electromotive Division of General Motors).
    On October 2, 2001, the Railroad Safety Board approved this 
requested waiver for a period of 5 years, with an option for renewal. 
On December 6, 2006, the Board extended the waiver for an additional 5 
years. However, the BSV also operates a steam locomotive, Number 
JS8419, over approximately 12 miles of their line from Boone, IA, in 
conjunction with their tourist and excursion service. Since this 
locomotive was built after January 1, 1946, it is required to be 
equipped with glazing

[[Page 36752]]

material compliant with the requirements of 49 CFR 223.11. Steam 
locomotive Number JS8419 was built in China by Datong Locomotive Works 
in Shanxi, China, in October 1988, purchased new by the BSV in 1989, 
and delivered with automotive-type safety glazing. It has been in 
regular summer weekend service each year since 1990, except for in 1993 
and 2002.
    By letter dated February 12, 2007, BSV requested that Number JS8419 
be granted a waiver under the same conditions as their four diesel 
electric locomotives. They stated that retrofitting JS8419 with 
compliant glazing would be very costly, and a serious financial burden 
on the museum.
    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-
2007-28097) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, Room W12-140, 1200 New Jersey 
Avenue, SE., 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 DOT Central Docket Management Facility, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590. 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 June 28, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Implementation.
[FR Doc. E7-13025 Filed 7-3-07; 8:45 am]
BILLING CODE 4910-06-P