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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket Number FRA-2009-0018]

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.

## SMS Rail Service 

The SMS Rail Service (SMS Lines) of Bridgeport, New Jersey, has petitioned for a permanent waiver of compliance for three locomotives (SLRS 304, SLRS 305 and SLRS 306) from the requirements of the Railroad Safety Glazing Standards, Title 49 CFR Part 223, which requires certified glazing in all windows. The locomotives are in good condition with no defective glass. SMS Lines operates these locomotives in back-up service within the Pureland Industrial Park in Bridgeport, NJ, and the Valero Refinery in Paulsboro, NJ. There has been no history of broken glass at these locations and there are no overhead bridges or tunnels. The maximum operating speed is 10 miles per hour. SMS Lines states that they plan to upgrade all three locomotives to FRA Safety Glazing Standards as and when these locomotives are overhauled and repaired. SMS Lines is, therefore, seeking interim relief from the FRA Safety Glazing Standards.

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-2009-0018) 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 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).                

      ( print page 14843)    
Issued in Washington, DC, on March 26, 2009.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.

[FR Doc. E9-7250 Filed 3-31-09; 8:45 am]

BILLING CODE 4910-06-P