[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Page 23471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11591]


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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.

Wallowa Union Railroad; Waiver Petition Docket Number FRA-2004-18494

    The Wallowa Union Railroad (WURR) of Wallowa, Oregon, has 
petitioned for a permanent waiver of compliance for one passenger car, 
WURR 1120, from the requirements of the Railroad Safety Glazing 
Standards, Title 49 CFR Part 223, which require certified glazing in 
all windows. The passenger car, WURR 1120, was built by Pullman 
Standard in 1947, and does not have glazing material that meets the 
provisions of Title 49 CFR Part 223.15 Requirements for existing 
passenger cars for certified glazing in the side facing windows. The 
excursion operations on WURR consist of trips ranging from five miles 
to sixty miles. Speeds are generally ten miles per hour (mph); however, 
there is a relatively straight section of track between milepost (MP) 
57 and MP 83, where the maximum speed is 15 mph.
    WURR is located in rural Northeastern Oregon, with very limited 
access to the line outside of the railroad itself. The largest town 
that the railroad runs through has a population of 2,020, and the 
county has a population of just over 7,000 people. The most frequently 
used public grade crossing has an ADT of 3,250.
    WURR states that the line, for the most part, runs through pastures 
or river canyons. Only two miles of the sixty-three miles of track are 
located within the above mentioned town with the population of 2,020. 
WURR requests that due to the slow speed, the rural area of operations, 
no instances of vandalism from the time the original waiver was granted 
in 2004, and prohibitive cost to replace the side windows the certified 
glazing requirements be waived for the passenger car WURR 1120.
    The railroad also requests passenger car WURR 1120, together with 
WURR 2636, which has the required certified glazing, and both built in 
1947, continue to be classified as antiquated equipment that is used 
only for excursion purposes per 49 CFR 223.3(b)3.
    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-
2004-18494) 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 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).

    Issued in Washington, DC on May 13, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-11591 Filed 5-18-09; 8:45 am]
BILLING CODE 4910-06-P