[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Notices]
[Page 52060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20979]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
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) has received a request for a waiver of compliance from 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.
Trackside Investments
[Docket Number FRA-2010-0012]
The Trackside Investments, LLC (Trackside) petitioned FRA for
relief from the requirements of 49 CFR 223.15(c) Existing passenger
cars for ten (10) passenger cars. All of the passenger cars carry the
same reporting mark (OHCR) and are numbered: 3208, 5443, 5444, 5499,
5582, 5583, 5584, 5595, 5642, and 9300. They were built by the Canadian
Car and Foundry Company in 1954, and used by VIA Rail Canada until the
mid-1990's, in long distance passenger service.
The equipment does not meet the definition of ``antiquated''
equipment. FRA's long-standing definition of ``antiquated'' applies to
equipment to built prior to the end of World War II. In this case, even
though the above listed equipment is used on in tourist/excursion/
educational service, relief from the Federal safety glazing
requirements is required because the cars were built in 1954. The cars
are equipped with double pane, sealed laminated safety glass, with
certain windows marked as emergency exits. Also, the cars have
emergency tools and instructional signage to break the marked windows,
as installed by VIA Rail.
The above referenced passenger cars and cabooses have occasionally
been leased for excursion service purposes to similar organizations in
the Midwest region of the United States, and Trackside proposes to
continue this practice in the future. In all instances, the excursion
trains operate through urban, rural and wooded areas. The coaches are
used at speeds up to and including 45 mph. There have been no reported
incidents of stoning or acts of vandalism against the excursion trains.
Trackside believes that the cost to retrofit these cars is not
economically feasible due to the limited annual use of the cars and low
exposure to vandalism. For example, the average use of these cars over
the past 24 months was approximately 30 service days.
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-
2010-0012) and may be submitted by any of the following methods:
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
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 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://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 document (or signing the
document, 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 (65 FR 19477) or at
http://www.dot.gov/privacy.html.
Issued in Washington, DC, on August 17, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-20979 Filed 8-23-10; 8:45 am]
BILLING CODE 4910-06-P