
[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Notices]               
[Page 55632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se10-105]                         

-----------------------------------------------------------------------

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.

Railtown 1897 State Historic Park

[Waiver Petition Docket Number FRA-2010-0092]

    The Railtown 1897 State Historic Park (Railtown), an excursion 
train operating in Jamestown, California, seeks a waiver of compliance 
from the Safety Glazing Standards of 49 CFR 223.11 Requirements for 
existing locomotives. Specifically, Railtown has petitioned FRA for a 
waiver for four diesel locomotives: Former U.S. Navy locomotives 613 
and 612, built by Alco in 1953; former U.S. Army locomotive 1265, built 
by Baldwin/Whitcomb in 1952; and former U.S. Army locomotive 1638, 
built by General Electric in 1952.
    Railtown operates weekends only from April through March on three 
miles of track in a lightly settled area with a fifteen mph speed 
restriction. The locomotives are primarily used in yard switching 
service and on rare occasions provide back-up service for Railtown's 
historic steam locomotives.
    Additionally, Railtown states the combined annual operation of 
their diesel locomotives is less than 200 hours per year, and that in 
26 years of operation as a state historic park, they have not sustained 
any incidents of breakage on their locomotives. Railtown estimates 
glazing costs to be in excess of $20,000.00, and believes it is not 
economically justified to replace the glass in light of the ages of the 
locomotives, low risk of vandalism and the extremely low hours of 
operation.
    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-
2010-0092) 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 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 7, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-22728 Filed 9-10-10; 8:45 am]
BILLING CODE 4910-06-P

