E9-6400. 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.

Jefferson Warrior Railroad Company, Inc. (Waiver Petition Docket Number FRA-2008-0126)

The Jefferson Warrior Railroad Company, Inc. (JEFW) seeks a waiver of compliance with the Safety Glazing Standards, 49 CFR Part 223, as they pertain to six SW 1200 and SW 1500 end cab switcher locomotives numbered JEFW 51 through JEFW 56. The locomotive cabs are equipped with a mixture of “safety glass” and certified glazing. The locomotives operate over approximately 12 miles of track within an industrial complex and interchange with three Class I railroads.

In support of this application for waiver, JEFW states that all locomotives are equipped for remote control operation and are only occupied approximately 10 percent of the time. The maximum operating speed is 10 miles per hour. JEFW has experienced no accidents or incidents relative to the installed glazing in 23 years of operation at this site.

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-2008-0126) 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].
• 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 30 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 March 18, 2009.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.