[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Pages 13155-13156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04382]



Federal Railroad Administration

[Docket Number FRA-2001-9717]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated February 22, 2011, the Little Kanawha River Railroad (LKRR), a 
division of Marietta Industrial Enterprises, Inc., has petitioned the 
Federal Railroad Administration (FRA) for an extension of a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations regarding safety glazing contained at 49 CFR Part 223. FRA 
assigned the petition Docket Number FRA-2001-9717.
    LKRR seeks to extend a waiver of compliance for one locomotive, 
specifically, one 1955 General Motors' Electro-Motive Division Model 
SW-1200, Number LKRR 1205, from 49 CFR Section 223.11, Requirements for 
existing locomotives. FRA issued the initial waiver that granted LKRR 
relief on May 20, 2002, and FRA extended the waiver on August 7, 2006.
    The current glazing that is installed in the locomotive has no 
identifying marks. LKRR states that it operates on 1.75 miles of level 
track at speeds not exceeding 10 mph, as a yard-type system. LKRR 
interchanges directly with the CSX Corporation (CSX), and it is a 
shortline operation that only moves CSX cars for loading and unloading. 
LKRR states that it operates in a secure area and there have been no 
known incidents of broken windows as a result of vandalism and, 
therefore, no resulting worker injuries have occurred due to broken 
glass from the locomotive's windows. LKRR is requesting an extension of 
relief on account of the prohibitive cost involved in retrofitting the 
locomotive with certified glazing.
    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 Docket Operations Facility, 1200 New Jersey Ave. 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 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 and may be submitted by any of the following 
     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 
     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 April 12, 2013 will be considered by FRA

[[Page 13156]]

before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on February 21, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
[FR Doc. 2013-04382 Filed 2-25-13; 8:45 am]