[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