[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Pages 75698-75699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30824]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2012-0078]
Petition for Waiver of Compliance
In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated August 28, 2012, the North Coast Line, Inc. (NCL) of Doylestown,
OH, has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR part 223 (Safety Glazing
Standards--Locomotives, Passenger Cars and Cabooses). FRA assigned the
petition Docket Number FRA-2012-0078.
NCL has petitioned for a permanent waiver of compliance for a 26-
seat diner lounge car, RPCX 3125, named ``Paul Revere.'' This car was
built by The Budd Company in 1952, and since 2007 has operated on lease
for passenger excursions that are limited to regional railroads, namely
Buffalo and Pittsburgh Railroad, Columbia and Ohio River Railroad, Ohio
Central Railroad (Genesee and Wyoming), and Wheeling and Lake Erie
Railway. The car typically operates between 1,000 and 2,000 miles per
year on about six weekends at speeds 45 mph or less, mostly on single-
track rail lines through areas largely rural in nature. When not being
used, this car is stored at the Orrville Railroad Heritage Society,
Inc. Pine Street Yard in Orrville, OH, on Wheeling and Lake Erie
Railway.
There are no end windows except for the end doors. The left side of
the car contains six windows while the right side contains seven
windows. No Type I or Type II FRA-certified glazing is currently
installed in the car. All windows have two panes. Except for the end
windows and four emergency windows, all other windows are \1/4\-inch
panes of Duplate ASI PPG Safety Glass. The emergency windows and the
end windows are \1/4\-inch panes of GE Marguard/Lexan. NCL states that
there has been no accident or injury attributed to window glazing while
under the present ownership since 2007. NCL further states that besides
the prohibitive cost (approximately $23,800) involved in retrofitting
the car with FRA-certified glazing, side-lining the car for this
purpose will be catastrophic because most of its revenue comes from the
operation of this car on steam and diesel powered excursions.
Therefore, NCL is requesting this relief.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
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
[[Page 75699]]
the end of the comment period and specify the basis for their request.
All communications concerning these proceedings should identify the
appropriate docket number 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 by February 4, 2013 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
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), or online at http://www.dot.gov/privacy.html.
Issued in Washington, DC, on December 17, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-30824 Filed 12-20-12; 8:45 am]
BILLING CODE 4910-06-P