[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Page 62631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28483]


-----------------------------------------------------------------------

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) has 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.

Mohawk Adirondack and Northern Railroad Corporation

[Waiver Petition Docket Number FRA-2009-0063]

    The Mohawk Adirondack and Northern Railroad (MHWA), a Class III 
railroad, seeks a waiver of compliance from the requirements of 49 CFR 
223.11 Requirements for existing locomotives. Specifically, MHWA has 
petitioned FRA for a waiver for one 80-ton, 470 horsepower diesel 
electric locomotive numbered 1670. This locomotive was built for the 
United States Air Force by General Electric in March 1952.
    MHWA operates this locomotive on a terminal/switching railroad at 
the former Griffiss Air Force Base in Rome, New York, presently called 
the Griffiss Industrial Park. MHWA operates at speeds of 10 miles per 
hour (or less) and hauls 1-3 cars on a twice weekly basis. The 
locomotive is equipped with safety laminate glass (AS-1, AS-2) and is 
serviced & maintained by MHWA at Rome, New York. MHWA states that the 
railroad is private and will occasionally interchange to the general 
system which is accomplished with CSX Railroad interchange tracks at 
Rome, NY.
    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-
2009-0063) 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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on November 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-28483 Filed 11-27-09; 8:45 am]
BILLING CODE 4910-06-P