
[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Notices]               
[Page 20035-20036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap10-151]                         

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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.

City of Jasper, Indiana

[Docket Number FRA-2009-0112]

    The City of Jasper, Indiana (Jasper) acquired a railroad passenger 
car, number XCJI 200, built in 1947, and offers it for use in tourist/
excursion service over the Dubois County Railroad and the French Lick, 
West Baden & Southern Railway. The railroad distance between Jasper and 
French Lick, Indiana, is approximately 25 miles. The car is currently 
equipped with automotive-type laminated glazing, which is non-compliant 
with FRA safety requirements.
    Jasper petitioned FRA for a waiver of compliance from certain 
provisions of the Safety Glazing Standards--Locomotives, Passenger Cars 
and Cabooses, as prescribed by 49 CFR 223.15(c) Requirements for 
existing passenger cars. Specifically, this waiver request applies to 
only passenger car number XCJI 200 because all other cars operating on 
the tourist/excursion train were built prior to 1946, and considered 
``antiquated'' under Sec.  223.3 Application.
    Jasper states that the reason for the waiver request is the high 
cost of compliant FRA Types I & II glazing material, and that the 
automotive-type glass is similar to the glazing installed on other cars 
operating over the French Lick, West Baden & Southern Railway. Further, 
Jasper states in their petition, there have been no reported acts of 
vandalism to the refurbished passenger cars.
    In summary, Jasper requests relief from the regulatory requirements 
of 49 CFR 223.15(c) Requirements for existing passenger cars (including 
the required four emergency windows) for one passenger car, built in 
1947, used in tourist/excursion service at a maximum authorized speed 
of 15 mph.
    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-
2009-0112) 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.


[[Page 20036]]


    Issued in Washington, DC, on April 13, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-8756 Filed 4-15-10; 8:45 am]
BILLING CODE 4910-06-P

