
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]               
[Page 49552-49553]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au10-131]                         

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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.

Bluewater Michigan Chapter, Inc.

[Docket Number FRA-2009-0081]

    The Bluewater Michigan Chapter, Inc. National Railway Historical 
Society (Bluewater), requests a waiver from compliance from the 
requirements related to the glazing installed on seven passenger cars 
used in tourist/excursion service. The cars covered by this petition 
were built between 1947 and 1957, and all carry the same reporting 
mark, BMCX. They are numbered: 857--52-seat passenger coach, 829--52-
seat passenger coach, 832--52-seat passenger coach, 899--40-seat dining 
car, 9486--14-roomette sleeping/baggage car, 6604--48-seat round-end 
passenger car, and 9646--baggage car.
    Specifically, the petitioner requests this relief from the 
requirements of 49 CFR 223.15(c), Requirements for existing passenger 
cars, including the requirement to install at least four emergency 
windows. Bluewater offers these passenger cars for occasional tourist/
excursions over several host railroads: The Lake State Railroad, Great 
Lakes Central Railroad, Rail America, The Chesapeake and Indiana 
Railroad Company, Saginaw Bay Southern Railroad, and the Ohio Central 
Railroad. These cars will operate over mostly single-track railroad 
lines in rural areas, and at speeds less than 45 mph.
    Bluewater believes that the operation of these cars in tourist/
excursion service are exposed to a low potential for damage to the 
existing glazing from debris from surrounding structures, or from 
track-side vandals. Further, they are not aware of any incidents of 
broken windows, or any other passenger safety issues caused by the 
windows in the above listed cars while in operation over their host 
railroads. As a Chapter of the National Railroad Historical Society, a 
non-profit organization dedicated to the preservation of railroad 
history, most of the society's annual revenue is derived from the 
operation of these cars in tourist/excursion service. As stated in 
their petition, Bluewater's cost estimate to replace all the current 
windows, thus bringing the glazing into compliance with the CFR's 
requirements, would meet or exceed the total value of the cars. A 
requirement to replace all the windows in all the cars will result in 
their permanent retirement, as the Chapter does not have the financial 
ability to replace the glazing on all cars. The loss of revenue from 
tourist/excursion use of these cars would cause severe harm to the 
Bluewater organization and to neighboring organizations who also 
benefit from their excursions.
    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

[[Page 49553]]

appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0081) 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 August 9, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-19996 Filed 8-12-10; 8:45 am]
BILLING CODE 4910-06-P

