Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9637 

locomotive. The front, rear and side 

glazing does not conform to 49 CFR 

223.11 glazing requirements; however, 

these windows are glazed with 1⁄4′′ 

laminated safety glass that is in good 

condition with no discoloration. The 

locomotive is primarily used as a 

backup locomotive. The subject 

caboose, SSR 1469, is an ex D&RGW 

steel caboose with cupola that is used 

primarily as a ‘‘shoving platform.’’ This 

caboose was acquired with the original 

glazing in good condition with no 

discoloration, but does not meet the 49 

CFR 223.13 glazing requirements. 

SSR states that they operate primarily 

in the Bureau of Land Management 

open range and agricultural 

environment. They do not experience 

any rock throwing or shooting at their 

equipment, and operate at a maximum 

speed of 10 mph. SSR states that the 

expenses of retrofitting the subject 

locomotive and caboose to comply with 

FRA glazing safety standards will 

impose an undue financial burden on 

their small railroad to protect from 

situations they do not encounter. 

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–2010– 

0002) 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 February 25, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–4332 Filed 3–2–10; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

Burlington Junction Railway 

[Waiver Petition Docket Number FRA–2010– 

0017] 

The Burlington Junction Railway 

(BJRY) of Burlington, Iowa, has 

petitioned for a permanent waiver of 

compliance for one Baldwin RS–4–TC 

locomotive built in 1953, and rebuilt in 

1988, numbered BJRY 3238, from the 

requirements of the Railroad Safety 

Glazing Standards, Title 49 CFR Part 

223, which require certified glazing in 

all windows. The railroad indicates that 

the locomotive is used to switch an 

industrial park next to the City of 

Rochelle, Illinois, over an 

approximately 3.0-mile long track 

surrounded by warehouses and 

undeveloped rural agriculture fields. 

The locomotive is used as a stand-by for 

the primary unit, and is used two to 

three times a month. The top speed of 

operations is 10 mph. BJRY has 

provided an estimate of $5,914.26 for 

material and assembly that does not 

include installation costs. 

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–2010– 

0017) 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 February 26, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–4376 Filed 3–2–10; 8:45 am] 

BILLING CODE 4910–06–P 

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