[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Notices]
[Page 2213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-958]


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

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Docket No. RSGM-96-5]


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.

Beech Mountain Railroad Company (BMRR)

[Waiver Petition Docket Number RSGM-96-5]

    The BMRR seeks a permanent waiver of compliance with certain 
provisions of the Safety Glazing Standards (49 CFR Part 223.9 (a), 
certified glazing) for its two locomotives, ALCO S2 1,000 HP #113 and 
#115, built in the early 1950s.
    BMRR is a Class III railroad operating within Randolph and Upshur 
counties in the state of West Virginia. According to the requesting 
railroad, the crew consists of five men comprised of one supervisor, 
one engineer, one brakeman, and two track servicemen. The BMRR is 
privately owned by Carter-ROAG Coal Company (CRCC). The purpose of the 
BMRR's operations is to provide transfer service between the CSX 
Transportation, Incorporated's interchange located in Alexander, West 
Virginia, and the CRCC's Preparation Plant located in Star Bridge, West 
Virginia. The BMRR's line transverses--without instances of broken 
glass due to projectiles--a remote and isolated area. The railroad 
states that locomotives are early 1950 models, and installation of the 
safety glazing would require extensive and expensive refacing of the 
locomotive cabs. The BMRR also states that all employees are aware of 
this request for waiver and support it without exception.
    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 RSGM-96-
5) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., 
Washington, D.C. 20590. 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 (9:00 
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 January 8, 1997.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 97-958 Filed 1-14-97; 8:45 am]
BILLING CODE 4910-06-P