

[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]               
[Page 70927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-114]                         

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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) 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.

The Finger Lakes Railway Corporation (Waiver Petition Docket Number 
FRA-2001-10215)

    The Finger Lakes Railway Corporation (FGLK), seeks an extension of 
a waiver of compliance from certain provisions of Safety Glazing 
Standards, 49 CFR Part 223 that requires certified glazing for four 
passenger coaches, Car Numbers: FGLK 7201, FGLK 7202, FGLK 7601, and 
FGLK7602. In addition, FGLK petitions to add two more coaches in the 
waiver: FGLK 1642, and FGLK 1643.
    The FGLK petition states that the cars are still operating in the 
same service environment with no changes to speed, or line segments and 
are following the conditions stipulated in the existing waiver. For the 
added two coaches, FGLK provided the following information in support 
of its petition. The cars were built in 1916, by the Harlen and 
Harrington Company for what used to be Norfolk & Western Railroad. The 
cars are all of steel construction. They were refurbished in 1989-1990, 
and used on the Maine Coast Railroad for excursion until 2002, when the 
cars were moved to New York State for use on the Niagara and Western 
New York Railroad excursion train.
    The cars have been stored on FGLK in Geneva, New York, since 
October 2004. The current windows are sealed 3/8'' thick safety glass 
in Adlake Company Frames. There is no damage to the windows at this 
time. In all aspects, these two cars will be utilized in the same 
manner and in the same locations as the four cars currently operating 
under Docket Number FRA-2001-10215.
    FGLK has requested updated quotations for FRA-compliant replacement 
window glass. These costs reflect the application of 49 CFR Part 223, 
glass into all passenger coaches currently operating under Docket 
Number FRA-2001-10215, and the two additional coaches that are being 
requested in this petition. FGLK stated that glass replacement 
continues to be an extremely high cost for an excursion operation and 
would jeopardize any chance of profitability for such operation for 
quite some time.
    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-
2001-10215) 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 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 
19477-19478).

    Issued in Washington, DC on December 10, 2007.
Grady C. Cothen, Jr.
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-24189 Filed 12-12-07; 8:45 am]

BILLING CODE 4910-06-P
