[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61121-61122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27776]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2007-27868]
Petition for Waiver of Compliance
Under part 211 of Title 49 Code of Federal Regulations (CFR), this
provides the public notice that on November 16, 2017, the Durbin &
Greenbrier Valley Railroad, Inc. (DGVR) 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-2007-27868.
Specifically, DGVR seeks to renew its waiver of compliance from the
glazing regulations in 49 CFR 223.11, Requirements for existing
locomotives, for one locomotive, identified as DGVR Locomotive Number
82. The locomotive is a 1,500 horsepower diesel electric locomotive,
model BL-2, built by Electro Motive Division of General Motors in 1948
and still has the original glazing intact. The locomotive was
originally built strictly for branch line service and continues to be
used exclusively in this manner. The locomotive is housed in Belington,
West Virginia, and is used sporadically on track leased by a subsidiary
division of DGVR, the West Virginia Central Division. DGVR states that
DGVR Locomotive Number 82 is used in a limited manner for freight and
excursion service along 89 miles of rural and wilderness track. The
maximum authorized speed over this track does not exceed Class 2 track
speeds. DGVR states that there are only two overpasses over the track,
both of which are patrolled by local law enforcement officials on a
regular basis, and that there is no history of vandalism along this
track. DGVR believes that this locomotive can be safely operated
throughout the rural area with the current non-compliant safety-type
glazing. The cost to DGVR for installation of all new window frames and
compliant FRA Type I & II glazing is significant, with only a marginal
increase in safety due to the low speed. A copy of the petition, as
well as any written communications concerning the petition, is
available for review online at 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 parties
desire an opportunity for oral comment and a public hearing, 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:
Website: 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 by February 9, 2018 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual
[[Page 61122]]
submitting the comment (or signing the document, if submitted on behalf
of an association, business, labor union, etc.). Under 5 U.S.C. 553(c),
DOT solicits comments from the public to better inform its processes.
DOT posts these comments, without edit, including any personal
information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of
regulations.gov.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-27776 Filed 12-22-17; 8:45 am]
BILLING CODE 4910-06-P