
[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Notices]               
[Page 20037-20038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap10-155]                         

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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.

New York & Lake Erie Railroad

[Docket Number FRA-2004-19950]

    The New York & Lake Erie Railroad (NYLE) of Gowanda, New York, has 
petitioned for a permanent waiver of compliance for two locomotives, 
numbered NYLE 1013 and NYLE 308,

[[Page 20038]]

from the requirements of the Railroad Safety Glazing Standards, Title 
49 CFR Part 223, which requires certified glazing in all windows.
    The types of glazing currently used in the two locomotives are as 
follows: NYLE 1013--Laminated Safety Glass AS-1, DOT 14M-220-ASI-030, 
and NYLE 308--Clear Laminated Safety Glass AS-2 101. NYLE is a short 
line freight carrier which travels 29.5 miles through rural countryside 
and small communities on an average of 1\1/2\ times per week. The 
number of cars hauled per train is five cars or less. NYLE operates on 
two line segments which are connected and extend from Cattaraugus, NY, 
to Dayton, NY (10.1 miles), and from Conewango Valley, NY, to Gowanda, 
NY (19.4 miles). All freight is interchanged in Gowanda, NY.
    NYLE states that there has been no problem with window breakage due 
to vandalism and that they have not had to replace glass due to 
breakage from flying objects. Because of low risk of exposure to their 
crew in the area they serve to injury due to vandalism and the fairly 
substantial cost of the glazing materials involved, NYLE is requesting 
the waiver of this regulation for the two locomotives listed above.
    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-
2004-19950) 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.

    Issued in Washington, DC, on April 13, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-8760 Filed 4-15-10; 8:45 am]
BILLING CODE 4910-06-P

