
[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]               
[Page 60860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc10-125]                         

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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.

Western Maryland Scenic Railroad

[Waiver Petition Docket Number FRA-2010-0089]

    The Western Maryland Scenic Railroad (WMSR) petitioned FRA for 
relief from the requirements of CFR 223.15 Existing passenger cars, and 
Sec.  223.13 Existing cabooses, for nine (9) passenger cars, and one 
(1) caboose. Specifically, passenger cars WMSR 200, 540, 541, 726, 844, 
846, 850, 851, and 855, which were built between 1946, and 1954, and 
used by Class I Railroads until their retirement in long distance 
passenger service. Also, the cars are not equipped with the required 
number of emergency windows exits. The caboose, WMSR 1906, was built in 
1969. Since FRA's long-standing definition of ``antiquated'' is being 
built prior to the end of World War II, even though this equipment is 
used on in tourist/excursion/educational service, relief from the 
Federal safety glazing requirements is required.
    WMSR operates this equipment primarily on trackage between 
Cumberland, and Frostburg, Maryland. A portion of the trackage is 
leased from the CSX Transportation Inc. (CSXT), in Ridgeley, WV, where 
the railroad's maintenance, storage, and repair facilities are located. 
WMSR is the only operator/tenant of this least trackage and acreage.
    The above referenced passenger cars and caboose have occasionally 
been leased/loaned for excursion service purposes to other 
organizations, including CSXT, such as Charity Train, Masters Golf 
Tournament, and the Kentucky Derby Train. In addition, WMSR has been 
requested to provide excursion passenger equipment for an anniversary 
celebration on the South Branch Valley Railroad later in 2010. WMSR 
tourist railroad operations are conducted at speeds of 20 mph, but 
while the equipment is on loan/lease to other operators, the operating 
speeds may differ.
    There have been no reported incidents of stoning or acts of 
vandalism against the excursion trains. WMSR believes that the cost to 
retrofit these cars is not economically feasible, would impose a 
serious financial hardship to the non-profit organization, and would 
jeopardize their ability to utilize the equipment in its current 
service.
    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-
2010-0089) 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 September 27, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-24705 Filed 9-30-10; 8:45 am]
BILLING CODE 4910-06-P

