[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14842-14843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7250]


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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 Rail Service

[Docket Number FRA-2009-0018]

    The SMS Rail Service (SMS Lines) of Bridgeport, New Jersey, has 
petitioned for a permanent waiver of compliance for three locomotives 
(SLRS 304, SLRS 305 and SLRS 306) from the requirements of the Railroad 
Safety Glazing Standards, Title 49 CFR Part 223, which requires 
certified glazing in all windows. The locomotives are in good condition 
with no defective glass. SMS Lines operates these locomotives in back-
up service within the Pureland Industrial Park in Bridgeport, NJ, and 
the Valero Refinery in Paulsboro, NJ. There has been no history of 
broken glass at these locations and there are no overhead bridges or 
tunnels. The maximum operating speed is 10 miles per hour. SMS Lines 
states that they plan to upgrade all three locomotives to FRA Safety 
Glazing Standards as and when these locomotives are overhauled and 
repaired. SMS Lines is, therefore, seeking interim relief from the FRA 
Safety Glazing Standards.
    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-
2009-0018) 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).


[[Page 14843]]


    Issued in Washington, DC, on March 26, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-7250 Filed 3-31-09; 8:45 am]
BILLING CODE 4910-06-P