[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Pages 75696-75697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30873]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2012-0072]
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, Capital Passenger Car, Inc. (CPC) of Orrville,
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-2012-0072.
CPC has petitioned for a permanent waiver of compliance for a 28-
seat parlour car (RPCX 3850) named ``C&B Marshall.'' This car was built
by Pullman in 1947, and since 1989 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 of 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.'s Pine
Street Yard in Orrville, OH, on the Wheeling and Lake Erie Railway.
There are two end windows in the B-end vestibule, one right and one
left. Both the right side and left side of the car contain eight
windows each. No Type I or Type II FRA-certified glazing is currently
installed in the car. However, all side windows are \1/4\-inch panes of
Duplate ASI PPG Safety Glass. Some of these side windows are equipped
with double panes. Also, each end window is \1/4\-inch pane of Duplate
ASI PPG Safety Glass. CPC states that barring one incident of vandalism
in the spring of 2010 when the car was in storage--resulting in several
cracked windows--there has been no accident or injury attributed to
window glazing since this car came under its present ownership in 1988.
CPC states that besides the prohibitive cost (approximately $30,000)
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, CPC 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
[[Page 75697]]
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 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. 2012-30873 Filed 12-20-12; 8:45 am]
BILLING CODE 4910-06-P