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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
NOTICE: NOTICES
ACTION: Exemption petitions, etc.:
SUBJECT CATEGORY: Petition for Waiver of Compliance
DOCUMENT SUMMARY:
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.
SMS Lines
[Waiver Petition Docket Number FRA20070007]
The SMS Lines (SMS), a Class III railroad, seeks a waiver of compliance from the requirements of Title 49 Code of Federal Regulations (CFR) Sec. 223.11 Requirements for existing locomotives. SMS has operated within the Pureland Industrial Park in Bridgeport, Gloucester County, New Jersey since June, 1994. The petitioner proposes to use three switching type locomotives numbers 102, 308, and 309 on a limited reserve basis for yard and local switching service.
SMS Locomotives Number 102, model DS 44750 was built in 1951, 308 model S12 was built in 1953, and 309 model S12 was built in 1952, by the Baldwin Locomotive Works (BLW). They would operate over approximately 5 miles of track with four grade crossings within the Industrial Park at Bridgeport, New Jersey, and one grade crossing at the Valery Refinery in Paulsboro, New Jersey. Current operations average 1 train per day, 6 days per week, yearround at each location operating at restricted speed, as all track is FRA Class I (10 mph).
The petitioner believes that this locomotive can be safely operated
throughout the industrial park and refinery with the current non
compliant safetytype glazing. The cost to the SMS for installation of
all new window frames and compliant FRA Types I and II glazing is significant, with only a
[[Page 67782]]
marginal increase in safety due to the low speed. Historically,
railroad glazing has not been vandalized within the Pureland Industrial
Park or the Valero Refinery, and there are no overhead bridges or tunnels.
All three locomotives are in reserve status, and only used when the regularly assigned locomotives are unavailable due to inspection or repair. SMS plans to upgrade the glazing in all three locomotives to compliant FRA Types I and II material as they are overhauled and repainted.
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 (i.e., Waiver Petition Docket Number FRA 20070007) and may be submitted by any of the following methods:
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 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: //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 1947778).
Issued in Washington, DC, on November 26, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program Development.
[FR Doc. E723200 Filed 112907; 8:45 am]
BILLING CODE 491006P
SUMMARY: SMS Lines,
DOCUMENT BODY 2:
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.
SMS Lines
[Waiver Petition Docket Number FRA20070007]
The SMS Lines (SMS), a Class III railroad, seeks a waiver of compliance from the requirements of Title 49 Code of Federal Regulations (CFR) Sec. 223.11 Requirements for existing locomotives. SMS has operated within the Pureland Industrial Park in Bridgeport, Gloucester County, New Jersey since June, 1994. The petitioner proposes to use three switching type locomotives numbers 102, 308, and 309 on a limited reserve basis for yard and local switching service.
SMS Locomotives Number 102, model DS 44750 was built in 1951, 308 model S12 was built in 1953, and 309 model S12 was built in 1952, by the Baldwin Locomotive Works (BLW). They would operate over approximately 5 miles of track with four grade crossings within the Industrial Park at Bridgeport, New Jersey, and one grade crossing at the Valery Refinery in Paulsboro, New Jersey. Current operations average 1 train per day, 6 days per week, yearround at each location operating at restricted speed, as all track is FRA Class I (10 mph).
The petitioner believes that this locomotive can be safely operated
throughout the industrial park and refinery with the current non
compliant safetytype glazing. The cost to the SMS for installation of
all new window frames and compliant FRA Types I and II glazing is significant, with only a
[[Page 67782]]
marginal increase in safety due to the low speed. Historically,
railroad glazing has not been vandalized within the Pureland Industrial
Park or the Valero Refinery, and there are no overhead bridges or tunnels.
All three locomotives are in reserve status, and only used when the regularly assigned locomotives are unavailable due to inspection or repair. SMS plans to upgrade the glazing in all three locomotives to compliant FRA Types I and II material as they are overhauled and repainted.
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 (i.e., Waiver Petition Docket Number FRA 20070007) and may be submitted by any of the following methods:
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 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: //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 1947778).
Issued in Washington, DC, on November 26, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program Development.
[FR Doc. E723200 Filed 112907; 8:45 am]
BILLING CODE 491006P
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 47 CFR Part 73 26 CFR Part 1 40 CFR Part 180 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 40 CFR Part 63 33 CFR Part 100 50 CFR Part 622 50 CFR Part 660 26 CFR Part 301 44 CFR Part 65 39 CFR Part 111 40 CFR Part 300 6 CFR Part 5 40 CFR Part 271 47 CFR Part 64 40 CFR Parts 52 and 81 50 CFR Part 665 10 CFR Part 50 44 CFR Part 64 49 CFR Part 571 39 CFR Part 3020