Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices 43021

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Application for Approval of

Discontinuance or Modification of a

Railroad Signal System or Relief From

the Requirements of Title 49 Code of

Federal Regulations Part 236

Pursuant to Title 49 Code of Federal

Regulations (CFR) part 235 and 49

U.S.C. App. 26, the following railroads

have petitioned the Federal Railroad

Administration (FRA) seeking approval

for the discontinuance or modification

of the signal system or relief from the

requirements of 49 CFR part 236 as

detailed below.

Block Signal Application (BS–AP)–No.

3430

Applicant: CSX Transportation,

Incorporated, Mr. R. M. Kadlick, Chief

Engineer Train Control, 500 Water

Street (S/C J–350), Jacksonville, Florida

32202.

CSX Transportation, Incorporated

seeks approval of the proposed

modification of the traffic control

system, at Morton, Kentucky, milepost

OHC–268.38, on the Earlington Cutoff,

Henderson Subdivision, Chicago

Service Lane, consisting of the

discontinuance and removal of

controlled signals 93RA and 93RL.

The reason given for the proposed

changes is to eliminate facilities no

longer needed in present day operation,

due to the previous removal of the

siding.

BS–AP–No. 3431

Applicant: Southeastern Pennsylvania

Transportation Authority, Mr. John

LaForce, P. E., Deputy Chief Engineer

Power, Signals and Communications,

1234 Market Street, Philadelphia,

Pennsylvania 19107.

The Southeastern Pennsylvania

Transportation Authority (SEPTA) seeks

approval of the proposed modification

of the automatic block signal system, on

the Ivy Ridge Line, between CP Valley,

milepost 4.0 and Cynwyd, milepost 6.1,

near Philadelphia, Pennsylvania,

consisting of the conversion of eastward

leaving Signal No. 62 to a controlled

signal, remotely controlled by the

SEPTA ‘‘A’’ Tower Operator, and

elimination of the Train Register

function located at Jeff, milepost 4.5.

The reason given for the proposed

changes is that all eastward movements

from the Cynwyd Turnback can be

manually controlled and will no longer

require each train to stop when entering

and leaving the single track, thus

improving operations.

Any interested party desiring to

protest the granting of an application

shall set forth specifically the grounds

upon which the protest is made, and

contain a concise statement of the

interest of the protestant in the

proceeding. The original and two copies

of the protest shall be filed with the

Associate Administrator for Safety,

FRA, 400 Seventh Street, S.W., Mail

Stop 25, Washington, D.C. 20590 within

45 calendar days of the date of issuance

of this notice. Additionally, one copy of

the protest shall be furnished to the

applicant at the address listed above.

FRA expects to be able to determine

these matters without an oral hearing.

However, if a specific request for an oral

hearing is accompanied by a showing

that the party is unable to adequately

present his or her position by written

statements, an application may be set

for public hearing.

Issued in Washington, D.C. on August 6,

1997.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety

Standards and Program Development.

[FR Doc. 97–21151 Filed 8–8–97; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petitions for Waivers 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

requests for waivers of compliance with

certain requirements of its safety

standards. The individual petitions are

described below, including the parties

seeking relief, the regulatory provisions

involved, the nature of the relief being

requested, and the petitioners’

arguments in favor of relief.

CSX Transportation, Incorporated

(Waiver Petition Docket Number H–97–4)

CSX Transportation, Incorporated

(CSX) seeks approval from FRA to

conduct a test program for the purpose

of evaluating recent technological

advancements applied to equipment

used in the inspection of rail for internal

flaws. Specifically, CSX proposes to test

a rail inspection system in which the

primary rail inspection vehicle

transmits, via radio modem, chart data

to a secondary (chase) vehicle for the

purposes of defect verification.

CSX is seeking relief from the

requirements of 49 CFR Section

213.5(a), which requires certain actions

be taken once the track owner has notice

that the track does not meet all of the

requirements of this part. With respect

to the inspection of rail for internal

defects, FRA has historically interpreted

this subsection to require that suspect

rail flaw indications be verified by hand

test equipment, and remedial action

taken, if necessary, within the same day

of the test.

Present practice within the industry,

as is the case with current CSX

procedures, is to immediately stop the

rail inspection vehicle when an

indication of a possible rail flaw is

received by the on-board equipment. A

hand test to verify the existence of the

rail flaw is then performed. CSX

maintains that this procedure has

limited the rail inspection vehicles to an

average of five miles of testing for every

hour of on-track time. CSX further states

that as traffic density continues to

increase, the available on-track time for

activities such as rail inspection

continues to decrease.

CSX’s petition requests that for

certain non-critical rail flaw indications,

hand test verification by the secondary

(chase) vehicle will be accomplished

within 48 hours of the time of

observation by the primary test vehicle.

All critical rail flaw indications

recorded by the primary test vehicle

will be immediately verified by hand

test, and remedial action taken if

necessary. In the absence of any critical

rail flaw indications, the primary rail

inspection vehicle would be allowed to

continue to test the rail in a non-stop

mode.

CSX petitions to implement this test

program with dedicated equipment over

approximately 4,000 miles of connected

trackage on its system. CSX maintains

that the procedures outlined in this test

program will result in a safety benefit by

increasing its on-track test mileage as

well as increasing its testing cycle

frequency, therefore creating additional

opportunities to find rail flaws before

they grow to service failure size. Critical

rail flaws will be protected as in the

past, while non-critical rail flaws are

unlikely to grow to service failure size

in the 48 hour delay time requested for

verification.

CSX anticipates that there will not be

any additional cost to either the private

sector, consumer, Federal, State and

local governments.

Burlington Northern Santa Fe Railroad

Company

[Waiver Petition Docket Number LI–95–14]

The Burlington Northern Santa Fe

Railroad Company (BNSF) seeks a

waiver of compliance from 49 CFR

229.9, Railroad Locomotive Safety

Standards—Movement of non-
43022 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices

complying locomotives. Section

229.9(b) states: ‘‘A locomotive that

develops a non-complying condition

enroute may continue to utilize its

propelling motors, if the requirements of

paragraph (a) are otherwise fully met,

until the earlier of—

(1) The next calendar day inspection, or

(2) The nearest forward point where the

repairs necessary to bring it into

compliance can be made.’’

BNSF is requesting an exemption to

the requirement of Section 229.9(b) for

locomotives that have traction motor

failures enroute, specifically, one or

more traction motors cut out, between

points in Illinois and the West Coast of

the United States. BNSF would like to

continue the non-complying, cut out

traction motor past Argentine Yard in

Kansas City, Kansas. BNSF maintains

facilities at Argentine Yard capable of

making the required repairs to bring the

locomotive into compliance. BNSF

believes that the waiver, if granted,

would greatly increase the efficiency of

its locomotive utilization without

adversely affecting safety.

Union Pacific Railroad Company

[Waiver Petition Docket Numbers LI–97–1

and PB–97–1]

The Union Pacific Railroad Company

(UP) seeks a waiver of compliance from

certain regulatory provisions and

sections of 49 CFR Part 229, Railroad

Locomotive Safety Standards, and Part

232, Railroad Power Brakes and

Drawbars. Specifically, UP is seeking a

waiver of 49 CFR 229.49(a)(1) and

232.10(j)(4) which require the main

reservoir system of each locomotive to

be equipped with at least one safety

valve that shall prevent an

accumulation of pressure of more than

15 pounds per square inch above the

maximum working air pressure fixed by

the chief mechanical officer of the

carrier operating the locomotive; and,

the main reservoir system of each unit

being equipped with at least one safety

valve, the capacity of which shall be

sufficient to prevent an accumulation of

pressure of more than 10 pounds per

square inch above the maximum setting

of the compressor governor fixed by the

chief mechanical officer of the carrier

operating the locomotive.

This waiver would apply to the entire

UP system (including the Southern

Pacific Railroad (SP) which recently

merged with UP). UP seeks a waiver

permitting continued operation of 150

psi main reservoir safety valve setting

with 125 psi maximum working air

pressure.

Since the late 1970’s, UP reduced its

maximum working pressure from the

traditional 135 psi to 125 psi, changing

the air compressor governor setting

accordingly to a cut in/out pressure of

120/130 psi as appropriate under

Sections 229.49(b) and 232.10(j)(5). This

change was made in the wake of the oil

shortages of the 1970’s in an effort to

conserve fuel. As all railroads did not

make this change, it was necessary to

leave the safety valve set for 150 psi so

that the valves did not pop continuously

when UP locomotives were operated in

multiple with those of foreign lines with

the higher working air pressure settings.

In addition, SP had its safety valves

set for 155 psi, with 135 psi working air

pressure. It is further requested in the

waiver that this practice be continued

until these locomotives can be brought

into UP’s standard, which should be no

later than three years after the waiver is

granted. Implementation will be

immediately upon approval of this

waiver. There are no anticipated

changes in operating practices. UP

claims that no adverse effects are

expected on the safety of operations.

The conditions for UP’s setting of the

safety valve and maximum working

pressure have existed for at least 20

years with no identified problems. UP

believes a greater margin of safety is

provided between the maximum

working air pressure and the safety

valve setting, going from a margin of 15

psi to 25 psi. Safety is not believed to

be sacrificed in any manner. The

maximum pressure that may exist in the

main reservoir remains at the same

levels that have always existed—150 psi

(155 psi in SP’s case). The main

reservoirs were not modified; they carry

the same burst pressure limits for which

they were originally designed. The

required differentials between

maximum brake pipe pressure and air

compressor cut in/cut out have been

maintained. The reduction of the

maximum working air pressure is not an

issue of consideration as this is set by

the carrier’s chief mechanical officer. It

is also asserted that fuel consumption

will be favorably affected by approval of

this waiver request, due to not having

the air compressor cut in for longer

periods in order to maintain higher air

pressure. The environment (emissions)

is also benefited through the

consumption of less fuel.

Iowa Railroad Historical Society

[Waiver Petition Docket Number PB–96–1]

The Iowa Railroad Historical Society,

Boone & Scenic Valley Railroad (BSV),

seeks a permanent waiver of compliance

from 49 CFR Part 232, Section 17(b)(2),

on a passenger car equipped with U

type air brakes by extending the clean,

oil, test, and stencil (COT&S) period

from 15 calendar months to 15 operating

months.

On December 6, 1996, BSV was

granted a waiver of compliance

(Docketed PB–96–1) from the

requirements to perform COT&S every

15 calendar months as required by

Section 232.17(b)(2) and as specified in

Standard S–045 in the Manual of

Standards and Recommended Practices

of the Association of American

Railroads A–III–256, Section 2.1.2. The

waiver applies to only the eight cars

BSV specified in the original request

and extends the COT&S period from 15

calendar months to 24 calendar months,

with a single car test required every 12

months. BSV inadvertently left out

Lackawana car 3218 in the original

request and hereby requests that this car

be included under the same

requirements as specified for the eight

cars in the original waiver.

BSV is a non-profit tourist line that

operates only six months a year, with

one trip per day during the week and

three trips on Saturday and Sunday over

a 15-mile captive service route

originating in Boone, Iowa. BSV

explains that they have been performing

the COT&S every 12 calendar months at

a considerable expense for six months of

operation, and that by granting this

waiver they would perform the COT&S

every 24 months for 12 months of

operation.

Port of Pend Oreille dba Pend Oreille

Valley Railroad

[Waiver Petition Docket Number RSGM–96–

2]

The Port of Pend Oreille dba Pend

Oreille Valley Railroad (POVA) seeks a

waiver of compliance from 49 CFR

223.11(c) which requires that

locomotives built or rebuilt prior to July

1, 1980, be equipped with certified

glazing in all locomotive cab windows.

POVA requests a permanent waiver of

compliance for its locomotive POVA

103, built by General Electric in

December 1956, which is not equipped

with certified glazing. The locomotive

will be utilized in work train service.

Electric Transport of America,

Incorporated

[Waiver Petition Docket Number RSGM–96–

12]

Electric Transport of America,

Incorporated, (ETA) seeks a waiver of

compliance from 49 CFR 223.9(a) which

requires that locomotives, including

yard locomotives, built or rebuilt after

June 30, 1980, be equipped with

certified glazing in all locomotive cab

windows. ETA requests a waiver for one

locomotive imported from the Czech
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices 43023

Republic. It is a 49 ton diesel-electric

locomotive. ETA intends to market the

switcher locomotive to industrial

operators in North America. The Ohio

Central Railroad has agreed to allow the

locomotive to be demonstrated within

its Coshocton Yard, Coshocton, Ohio.

Austin & Texas Central Railroad

[Waiver Petition Docket Number RSGM–97–

2]

The Austin & Texas Central Railroad

(ATCX) seeks a permanent waiver of

compliance with the Safety Glazing

Standards, 49 CFR Part 223.15(c), which

requires certified glazing in all windows

of passenger cars and at least four

emergency windows, for its three

passenger coach cars: former NKP–151,

known as the City of Chicago; former

MP–640, known as the Eagle Cliff; and

former ATSF–1343, known as the Red

Rock. These cars have double pane

glazing consisting of a sheet of

laminated safety plate as the inside

sheet, and a sheet of Polycarbonate

laminated safety plate or polished plate

as the outer sheet in the lounge areas

and hallways. ATCX is a museum type

excursion operation which is a project

of the Austin Steam Train Association,

a 501–(c)(3) non-profit corporation.

Since 1992, operation has been on

weekends for 10 months each year along

with some weekday operation. During

this time period, the railroad reports

that there have been no acts of

vandalism involving any glazing

location associated with the operation of

a train.

ATCX proposes that any time a

glazing location must be renewed, for

any reason, the glazing location will be

renewed with certified glazing, if

mechanically possible, without

alterations to the structure or function of

the car.

Gettysburg Railway Company

[Waiver Petition Docket Number RSGM–97–

3]

The Gettysburg Railway Company

(GETY) seeks a waiver of compliance

from 49 CFR Part 223.9(a) which

requires that locomotives, including

yard locomotives, built or rebuilt after

June 30, 1980, be equipped with

certified glazing in all locomotive cab

windows. GETY requests a waiver for

two rebuilt F–7 locomotives. GETY

intends to use these locomotives in low

speed (20 mph) passenger excursions in

Gettysburg, Pennsylvania.

Union Pacific Railroad Company

[Waiver Petition Docket Number RST–97–2]

Union Pacific Railroad Company (UP)

seeks approval from FRA to

electronically submit and maintain track

inspection records. UP is requesting that

FRA waive the requirements of 49 CFR

213.241, Inspection records, and permit

it to use an electronic reporting system

for submitting and maintaining track

inspection records. Relief is sought from

the requirement that each record shall

be signed by the person making the

inspection.

UP states that the electronic system

for creating and maintaining track

inspection records will provide for the

integrity and security of each record.

The system will provide for several

levels of security to uniquely identify

the person as the author of that record

with a date and time stamp that the

record was created. Once a record is

created, it cannot be modified. UP

believes that the electronic system will

not only be beneficial economically, but

will be more flexible for Federal and

State track inspectors who inspect the

records.

Yakima Valley Rail and Steam Museum

[Waiver Petition Docket Number SA–93–1]

The Yakima Valley Rail and Steam

Museum (YVRX) seeks a waiver of

compliance from 49 CFR 231.30 (c) and

(f), which requires that a locomotive

used in switching service be equipped

with four switching steps and must have

means for operating the uncoupling

mechanism safely from the switching

step as well as from ground level, for its

locomotive #4. Locomotive #4 is a

Plymouth locomotive built in 1943.

YVRX states that the rear of the

locomotive is not equipped with corner

stairways or switching steps, and the

uncoupling mechanism must be

operated from the ground. If the waiver

is granted, the locomotive will be

utilized to haul approximately 100 cars

a year from Toppenish, Washington, to

Harrah, Washington, a distance of about

10 miles, and 4 cars per year between

Toppenish, Washington, and White

Swan, Washington, a distance of 21

miles.

Napa Valley Wine Train, Incorporated

[Waiver Petition Docket Number SA–94–7]

The Napa Valley Wine Train,

Incorporated, (NVRR) seeks a waiver of

compliance from 49 CFR 231.30 (c) and

(f), which requires that a locomotive

used in switching service be equipped

with four switching steps with a

minimum width of eighteen inches

(locomotives built prior to April 1,

1977) and that the uncoupling

mechanisms be safely operated from the

switching steps as well as ground level,

for their locomotive #52. Locomotive

#52 is a General Electric locomotive

built in 1943. NVRR states that the

switching steps at all four locations are

14 inches wide. The locomotive

uncoupling mechanisms are not

equipped to allow for uncoupling from

the switching steps and must be

operated from the ground. If the waiver

is granted, NVRR states the locomotive

will occasionally be utilized in

interchange freight service.

Union Pacific Railroad Company

[Waiver Petition Docket Number SA–97–1]

The Union Pacific Railroad Company

(UP) seeks a waiver of compliance from

49 CFR Part 231.27, Box and other

house cars without roof hatches or

placed in service after October 1, 1966,

which requires in part that cars be

equipped with end platforms and end

platform handholds in addition to 16

end and 16 side handholds. UP is

requesting that it be permitted to

operate 273 high side gondola cars with

removable fiberglass covers. The cars,

UP 97700 through 97489 and UP 97850

through 97999, were originally

constructed and approved in accordance

with 49 CFR 231.2, Hopper cars and

high-side gondolas with fixed ends,

which requires side and end ladders in

addition to side and end handholds, but

does not require end platforms, end

platform handholds, nor the 16 end or

16 side handholds.

The cars were subsequently equipped

with temporary removable fiberglass

covers to protect contaminated earth for

movement solely by UP from Chicago,

Illinois, to Clive, Utah, a distance of

about 1700 miles. UP states that these

cars are in captive service and have

operated more than two years without

incident. UP also states that upon

expiration of the three year contract to

haul the contaminated earth, the

fiberglass covers will be removed and

scrapped with the cars being returned to

general service. Additionally, UP states

that it would be an unjustified economic

loss to modify the cars to comply with

Section 231.27, then upon expiration of

the contract remodify them to comply

with Section 231.2.

Belfast & Moosehead Lake Rail Road

Company

[Waiver Petition Docket Number SA–97–2]

The Belfast & Moosehead Lake Rail

Road Company seeks a waiver of

compliance from 49 CFR Section

231.15(b), Railroad Safety Appliance

Standards—Steam locomotives used in

road service, Pilot sill-steps. Section

231.15(b) states that each steam

locomotive used in road service shall be

equipped with two pilot sill steps

mounted on or near each end of bufferbeam outside of the rail and not more
43024 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices

then sixteen inches above the top of the

rail.

The Belfast & Moosehead Lake Rail

Road Company is requesting an

exemption to the requirement of these

steps (2) for their steam locomotive

#1149. The railroad states that due to

the design and placement of the

locomotive cylinders and pilot truck,

the steps cannot be applied without

substantially rebuilding the front of the

locomotive. Also, application of the

pilot sill steps would block access to the

pilot truck journal boxes, make

inspections more difficult, and possibly

interfere with the movement of the

locomotive’s outside-frame pilot truck.

Employees of the Belfast & Moosehead

Lake Rail Road Company are not

permitted to ride the pilot of the

locomotive.

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 H–97–4) and

must be submitted in triplicate to the

Docket Clerk, Office of Chief Counsel,

FRA, Nassif Building, 400 Seventh

Street, S.W., Mail Stop 10, Washington,

D.C. 20590. Communications received

within 30 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 (9:00 a.m.–5:00 p.m.) at

FRA’s temporary docket room located at

1120 Vermont Avenue, N.W., Room

7051, Washington, D.C. 20005.

Issued in Washington, D.C. on August 6,

1997.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety

Standards and Program Development.

[FR Doc. 97–21152 Filed 8–8–97; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Docket No. SBR 97–1, Notice 1]

RIN NO. 2130—AB15

Interim Policy Statement Concerning

Small Entities Subject to the Railroad

Safety Laws

AGENCY: Department of Transportation

(DOT), Federal Railroad Administration

(FRA).

ACTION: Notice of interim statement of

agency policy concerning small entities

subject to the railroad safety laws.

SUMMARY: In this notice, FRA explains

its communication and enforcement

policies and programs concerning small

businesses subject to the federal railroad

safety laws. These policies are being

published pursuant to requirements set

forth in the Small Business Regulatory

Enforcement Fairness Act of 1996. FRA

has in place programs that devote

special attention to the unique concerns

and operations of small entities in the

administration of the national railroad

safety compliance and enforcement

program. FRA expects that publication

of these policies and programs will

enhance safe operations for small

railroads, contractors, and shippers, and

improve communication between FRA

and small entities.

DATES: Effective Date: This Interim

Statement of Policy is effective October

10, 1997.

Written Comments: Written comments

must be submitted to FRA before

November 30, 1997.

FOR FURTHER INFORMATION PLEASE

CONTACT:

(1) Principal Program Person: Mark

Weihofen, Office of Safety, Planning

and Evaluation Staff Director, RRS–21,

Federal Railroad Administration, 400

Seventh Street, SW, Stop 25,

Washington, D.C., 20590; telephone

202–632–3303.

(2) Principal Attorney: Christine

Beyer, Office of Chief Counsel, RCC–11,

Federal Railroad Administration, 400

Seventh Street, SW, Stop 10,

Washington, D.C., 20590; telephone

202–632–6189.

SUPPLEMENTARY INFORMATION:

I. Legislative Background

The Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. No. 104–121) (SBREFA) establishes

new requirements for federal agencies to

follow with respect to small businesses,

creates new duties for the Small

Business Administration (SBA), and

amends portions of the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.)

and the Equal Access to Justice Act

(EAJA) (5 U.S.C. 501, et seq.). The

primary purposes of SBREFA are to

implement recommendations developed

at the 1995 White House Conference on

Small Business, to provide small

businesses enhanced opportunities for

judicial review of final agency action, to

encourage small business participation

in the regulatory process, to develop

accessible sources of information on

regulatory requirements for small

business, to create a cooperative

regulatory environment for small

business, and to make federal regulators

accountable for ‘‘excessive’’

enforcement actions.

In order to accomplish these goals,

SBREFA, among other things, requires

federal enforcement agencies to institute

two new policies. The first is a

communication policy, described in

section 213 of the legislation, in which

each agency must ‘‘answer inquiries by

small entities concerning information

on, and advice about, compliance with’’

statutes and regulations within the

agency’s jurisdiction, ‘‘interpreting and

applying the law to specific sets of facts

supplied by the small entity.’’ The

second is an enforcement policy,

required by section 223 of SBREFA,

which requires each agency to establish

a policy or program

to provide for the reduction, and under

appropriate circumstances for the waiver, of

civil penalties for violations of a statutory or

regulatory requirement by a small entity.

Under appropriate circumstances, an agency

may consider ability to pay in determining

assessments on small entities.

This enforcement policy must include

conditions or exclusions, such as

requiring a small entity to correct the

violation within a reasonable time;

excluding small businesses that have

been subject to several enforcement

actions by the agency; excluding actions

that involve willful or criminal conduct;

excluding actions that pose serious

health, safety, or environmental threats;

and requiring a good faith effort to

comply with the law.

SBREFA incorporates the definition

for ‘‘small entity’’ that is established by

existing law (5 U.S.C. 601, 15 U.S.C.

632, 13 CFR part 121) for those

businesses to be covered by the agency

policies. Generally, a small entity is a

business concern that is independently

owned and operated, and is not

dominant in its field of operation. Also,

‘‘small governmental jurisdictions’’ that

serve populations of 50,000 or less are

small entities. (Commuter railroads are

governmental jurisdictions, and some

may fit within this statutory delineation