
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]               
[Page 38171-38172]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-135]                         

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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.

Rod and Ellen Fishburn

[Waiver Petition Docket Number FRA-2010-0080]

    Rod and Ellen Fishburn (the Fishburns), private citizens residing 
in Tujunga, California, seeks a waiver of compliance from the Safety 
Glazing Standards of 49 CFR 223.15, Requirements for existing passenger 
cars. Specifically, the Fishburns have petitioned FRA for a waiver for 
private railroad passenger car AMTK 800061, Colonial Crafts, which was 
built for the Pennsylvania Railroad in 1949. The

[[Page 38172]]

Fishburns operate this car in charter, tourist and excursion service on 
Amtrak and other railroads.
    The Fishburns state that the passenger car is equipped with double 
pane laminated safety glass and polycarbonate glazing material; with 
the exception of four passageway and three small auxiliary windows, 
which are glazed with single pane \1/4\'' polycarbonate. The Fishburns 
state that in 20+ years of operating the car, the current glazing has 
had a perfect safety record protecting both passengers and staff. None 
of the many objects that have struck the car over the years have 
penetrated the glazing and entered the passenger compartment. The 
Fishburns additionally state that operation of the passenger car is a 
very small business, and the cost of installing compliant glazing would 
pose an extreme hardship.
    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-
2010-0080) 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 June 25, 2010.
Michael J. Logue,
Deputy Associate Administrator, Safety Compliance and Program 
Implementation.
[FR Doc. 2010-16055 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-06-P

