
[Federal Register: May 14, 2010 (Volume 75, Number 93)]
[Notices]
[Page 27385]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my10-121]

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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.

United Railroad Historical Society of New Jersey

[Docket Number FRA-2010-0079]

    The United Railroad Historical Society of New Jersey (URHS) of
Jackson, New Jersey, has petitioned for a permanent waiver of
compliance for six passenger cars from the requirements of the Railroad
Safety Glazing Standards, Title 49 CFR Part 223, which require
certified glazing in all windows. The identifying mark, type of car,
year built, number of windows and the estimated replacement glazing
cost for each car are as follows:
     New York Central ``Hickory Creek,'' Observation/Lounge/
Sleeper, 1948, 28, $35,000.
     New York Central No. 43, Tavern/Lounge, 1947, 25, $30,000.
     New York Central No. 37, Tavern/Lounge, 1947, 25, $30,000.
     Pennsylvania Railroad 1547, Coach/Lounge, 1949, 25,
$28,000.
     URHS 326, Coach, 1950, 26, $30,000.
     URHS 329, Coach, 1953, 33, $33,000.
    URHS has collected this historic equipment so as to operate it in
conjunction with a future New Jersey Transportation Heritage Center.
Part of this effort includes operating these cars on various short line
railroads. For example, the New York Central ``Hickory Creek'' and the
New York Central No. 43 periodically (10 trips/year) operate from New
York, to various other destinations in the country. The other four
cars: The New York Central No. 37, Pennsylvania Railroad 1547, URHS 326
and URHS 329 are operated on the Cape May Seashore Lines between
Richland and Tuckahoe (15 miles); and between Cape May Court House and
Cape May, New Jersey (13 miles), with a maximum speed of 30 mph. These
cars were restored over the past 10 years, and all are equipped with
laminated safety plate glazing.
    URHS states that they are a non-profit 501(c)(3) organization and
have little income so that it would be prohibitive for them to re-equip
these cars with the FRA certified glazing per provisions of 49 CFR
223.15 Requirements for existing passenger cars. They are therefore
seeking a waiver of compliance from provisions that require certified
glazing for the passenger cars listed above, and presently located in
Tuckahoe and Lebanon, New Jersey.
    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-
2010-0079) 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 May 10, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-11577 Filed 5-13-10; 8:45 am]
BILLING CODE 4910-06-P

