[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22841-22842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9129]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0033]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated April 22, 2011, Columbia Star Dinner Train (CSDT) of 
Columbia, MO, has petitioned the Federal Railroad Administration (FRA) 
for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR part 223. FRA assigned 
the petition Docket Number FRA-2011-0033.
    CSDT has petitioned FRA for a permanent waiver of compliance for 
two locomotives, CESX 1950 and CESX 1951, from a portion of the 
railroad safety glazing standards, 49 CFR Section 223.11(b), which 
require FRA Type II material in all side-facing windows of the 
locomotive cab. CSDT states that both locomotives are currently 
equipped with fully compliant FRA Type I front-facing glazing per 49 
CFR 223.11(a), and that the locomotives do not have rear-facing 
glazing. CSDT further states that these Electro-Motive Division F-7 
locomotives, manufactured in 1950 (CESX 1950) and 1953 (CESX 1951), are 
of such design that impedes installation of thicker FRA Type II glass 
without significant modifications in the side and wing windows. As an 
alternative, the side-facing windows currently consist of safety type 
glass that is in good condition, clear and unscratched. Additionally, 
CSDT operates on approximately 18 miles of the Columbia Terminal 
Railroad (COLT) trackage, through generally rural countryside, at 
speeds between 10 and 15 mph despite the fact that the maximum 
authorized speed on this COLT trackage is 25 mph for freight. CSDT 
states that there has been no known incident of broken windows as a 
result of vandalism on the COLT and, therefore, no worker has been 
injured in the past. CSDT is requesting this relief because of the 
prohibitive cost involved in retrofitting the two locomotives with 
certified glazing. CSDT believes that the retained funds can best be 
used for other maintenance projects on their railroad.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 and may be submitted by any of the following 
methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
    <bullet> 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 by June 1, 2012 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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

[[Page 22842]]

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), or online at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 11, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-9129 Filed 4-16-12; 8:45 am]
BILLING CODE 4910-06-P