97-958. Petition for Waiver of Compliance  

  • [Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
    [Notices]
    [Page 2213]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-958]
    
    
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    DEPARTMENT OF TRANSPORTATION
    Federal Railroad Administration
    [FRA Docket No. RSGM-96-5]
    
    
    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) 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.
    
    Beech Mountain Railroad Company (BMRR)
    
    [Waiver Petition Docket Number RSGM-96-5]
    
        The BMRR seeks a permanent waiver of compliance with certain 
    provisions of the Safety Glazing Standards (49 CFR Part 223.9 (a), 
    certified glazing) for its two locomotives, ALCO S2 1,000 HP #113 and 
    #115, built in the early 1950s.
        BMRR is a Class III railroad operating within Randolph and Upshur 
    counties in the state of West Virginia. According to the requesting 
    railroad, the crew consists of five men comprised of one supervisor, 
    one engineer, one brakeman, and two track servicemen. The BMRR is 
    privately owned by Carter-ROAG Coal Company (CRCC). The purpose of the 
    BMRR's operations is to provide transfer service between the CSX 
    Transportation, Incorporated's interchange located in Alexander, West 
    Virginia, and the CRCC's Preparation Plant located in Star Bridge, West 
    Virginia. The BMRR's line transverses--without instances of broken 
    glass due to projectiles--a remote and isolated area. The railroad 
    states that locomotives are early 1950 models, and installation of the 
    safety glazing would require extensive and expensive refacing of the 
    locomotive cabs. The BMRR also states that all employees are aware of 
    this request for waiver and support it without exception.
        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 RSGM-96-
    5) and must be submitted in triplicate to the Docket Clerk, Office of 
    Chief Counsel, FRA, Nassif Building, 400 Seventh Street, S.W., 
    Washington, D.C. 20590. 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 (9:00 
    a.m.--5:00 p.m.) at FRA's temporary docket room located at 1120 Vermont 
    Avenue, N.W., Room 7051, Washington, D.C. 20005.
    
        Issued in Washington, D.C. on January 8, 1997.
    Phil Olekszyk,
    Deputy Associate Administrator for Safety Compliance and Program 
    Implementation.
    [FR Doc. 97-958 Filed 1-14-97; 8:45 am]
    BILLING CODE 4910-06-P
    
    
    

Document Information

Published:
01/15/1997
Department:
Federal Railroad Administration
Entry Type:
Notice
Document Number:
97-958
Pages:
2213-2213 (1 pages)
Docket Numbers:
FRA Docket No. RSGM-96-5
PDF File:
97-958.pdf