[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Notices]
[Page 48121-48122]
[DOCID:fr21se09-96]

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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.

Ballard Terminal Railroad Company, LLC (Waiver Petition Docket Number
FRA-2009-0029)

    The Ballard Terminal Railroad Company, LLC (BTRC) of Seattle, WA,
has petitioned for a permanent waiver of compliance for one locomotive
(BDTL 98) and one caboose (MSN 10056) from the requirements of the
Railroad Safety Glazing Standards, Title 49 CFR part 223, which require
certified glazing in all windows. BTRC operates two small freight
railroads, namely 3-mile long Ballard Terminal Railroad (BDTL) since
1998, and 5-mile long Meeker Southern Railroad (MSN) since 2000, in
western Washington state. BTRC states that they have been completely
accident and incident free.
    The subject locomotive BDTL 98 on the BDTL line is a 1940 EMC SW-1
600 hp switching locomotive whose side windows conform to Title 49 CFR
223.11 glazing requirements; however, the front and rear windows do
not. The front and rear windows are glazed with \1/4\ inch laminated
safety glass that is in good condition with no discoloration. BTRC
states that this very early EMC locomotive has different window
geometry from the ``post war'' locomotives of the same series. As such,
the cost of a set of custom windows meeting FRA requirements is
basically prohibitive for their small company.
    The subject caboose MSN 10056 on the MSN line is an ex-BNSF all
steel caboose with cupola that is used primarily as a ``shoving
platform.'' BTRC states that when they acquired the caboose, all of the
windows were covered up with sheet metal. Upon removal of the sheet
steel, it was discovered that all of the windows were old and damaged
such that they were nearly opaque. Due to uncertainty of spare parts
and cost considerations, BTRC replaced all of them with \1/4\ inch
laminated safety glass which does not comply with Title 49 CFR 223.13
glazing requirements. However, the installed glass remains in good
condition with no discoloration.
    BTRC states that they operate in a primarily agricultural area,
which is a very benign environment. In 8 years, they have not
experienced any rock throwing or shooting damage to the equipment.
BTRC's maximum operating speed is 10 mph, and their trains average five
cars in length. BTRC further states that the expense of retrofitting
the subject locomotive and caboose to comply with FRA Safety Glazing
Standards would impose an undue financial burden on their small company
to protect against situations they do not encounter.

    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-
2009-0029) and may be submitted by any of the following methods:

     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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).

    Issued in Washington, DC, on September 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-22578 Filed 9-18-09; 8:45 am]

BILLING CODE 4910-06-P