[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 20035-20036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8756]
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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.
City of Jasper, Indiana
[Docket Number FRA-2009-0112]
The City of Jasper, Indiana (Jasper) acquired a railroad passenger
car, number XCJI 200, built in 1947, and offers it for use in tourist/
excursion service over the Dubois County Railroad and the French Lick,
West Baden & Southern Railway. The railroad distance between Jasper and
French Lick, Indiana, is approximately 25 miles. The car is currently
equipped with automotive-type laminated glazing, which is non-compliant
with FRA safety requirements.
Jasper petitioned FRA for a waiver of compliance from certain
provisions of the Safety Glazing Standards--Locomotives, Passenger Cars
and Cabooses, as prescribed by 49 CFR 223.15(c) Requirements for
existing passenger cars. Specifically, this waiver request applies to
only passenger car number XCJI 200 because all other cars operating on
the tourist/excursion train were built prior to 1946, and considered
``antiquated'' under Sec. 223.3 Application.
Jasper states that the reason for the waiver request is the high
cost of compliant FRA Types I & II glazing material, and that the
automotive-type glass is similar to the glazing installed on other cars
operating over the French Lick, West Baden & Southern Railway. Further,
Jasper states in their petition, there have been no reported acts of
vandalism to the refurbished passenger cars.
In summary, Jasper requests relief from the regulatory requirements
of 49 CFR 223.15(c) Requirements for existing passenger cars (including
the required four emergency windows) for one passenger car, built in
1947, used in tourist/excursion service at a maximum authorized speed
of 15 mph.
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-
2009-0112) 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.
[[Page 20036]]
Issued in Washington, DC, on April 13, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-8756 Filed 4-15-10; 8:45 am]
BILLING CODE 4910-06-P