[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Notices]
[Pages 67781-67782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23200]


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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.

SMS Lines

[Waiver Petition Docket Number FRA-2007-0007]

    The SMS Lines (SMS), a Class III railroad, seeks a waiver of 
compliance from the requirements of Title 49 Code of Federal 
Regulations (CFR) Sec.  223.11 Requirements for existing locomotives. 
SMS has operated within the Pureland Industrial Park in Bridgeport, 
Gloucester County, New Jersey since June, 1994. The petitioner proposes 
to use three switching type locomotives numbers 102, 308, and 309 on a 
limited reserve basis for yard and local switching service.
    SMS Locomotives Number 102, model DS 4-4-750 was built in 1951, 308 
model S-12 was built in 1953, and 309 model S-12 was built in 1952, by 
the Baldwin Locomotive Works (BLW). They would operate over 
approximately 5 miles of track with four grade crossings within the 
Industrial Park at Bridgeport, New Jersey, and one grade crossing at 
the Valery Refinery in Paulsboro, New Jersey. Current operations 
average 1 train per day, 6 days per week, year-round at each location 
operating at restricted speed, as all track is FRA Class I (10 mph).
    The petitioner believes that this locomotive can be safely operated 
throughout the industrial park and refinery with the current non-
compliant safety-type glazing. The cost to the SMS for installation of 
all new window frames and compliant FRA Types I and II glazing is 
significant, with only a

[[Page 67782]]

marginal increase in safety due to the low speed. Historically, 
railroad glazing has not been vandalized within the Pureland Industrial 
Park or the Valero Refinery, and there are no overhead bridges or 
tunnels.
    All three locomotives are in reserve status, and only used when the 
regularly assigned locomotives are unavailable due to inspection or 
repair. SMS plans to upgrade the glazing in all three locomotives to 
compliant FRA Types I and II material as they are overhauled and 
repainted.
    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 (i.e., Waiver Petition Docket Number FRA-
2007-0007) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and 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).

    Issued in Washington, DC, on November 26, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E7-23200 Filed 11-29-07; 8:45 am]
BILLING CODE 4910-06-P