
[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Notices]               
[Page 48123-48124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se09-98]                         

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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.

[[Page 48124]]

Livonia, Avon & Lakeville Railroad Corporation (Waiver Petition Docket 
Number FRA-2002-13250)

    The Livonia, Avon & Lakeville Railroad Corporation (LAL) of 
Lakeville, New York, has petitioned for a permanent waiver of 
compliance for one business car, LAL 100 (Traveler), from the 
requirements of the Railroad Safety Glazing Standards, Title 49 CFR 
part 223.15(c), which require certified glazing in all windows and a 
minimum of four emergency windows. LAL purchased this business car from 
the Arkansas & Missouri Railroad and is the ex-Canadian National 
Railways business car 65. LAL indicates that the car is equipped with 
non-compliant glazing, is not air-conditioned and is used only about 3 
or 4 times a year at speeds not exceeding 25 mph. The car operates on 
LAL, B&H Rail Corporation, and the Western New York & Pennsylvania 
Railroad lines.
    LAL states that the design of the window sachets (wood) makes 
installation of glazing a costly item. All windows (25 total) open (up) 
eight inches. LAL requests that due to the prohibitive cost and little 
use of the car that the certified glazing requirements be waived for 
the business car LAL 100 (Traveler).
    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-
2002-13250) 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 
19477-78).

    Issued in Washington, DC, on September 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-22579 Filed 9-18-09; 8:45 am]

BILLING CODE 4910-06-P
