
[Federal Register: July 21, 2010 (Volume 75, Number 139)]
[Notices]               
[Page 42476-42477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy10-107]                         

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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.

Great Lakes Central Railroad (Waiver Petition Docket Number FRA-2010-
0094)

    The Great Lakes Central Railroad (GLC) seeks a waiver of compliance 
from certain provisions of the Passenger Equipment Safety Standards, 49 
CFR 238.103(a)(1), which requires that ``Materials used in constructing 
a passenger car or a cab of a locomotive ordered on or after September 
8, 2000, or placed in service for the first time on or after September 
9, 2002, shall meet the test performance criteria for flammability and 
smoke emission characteristics as specified in Appendix B to this 
part.''
    GLC states that it is installing new seats in its Budd-built 
commuter cars. The armrest cover material is made of urethane which, 
when burned, emits smoke and, therefore, not complying with the 
aforementioned standard. GLC states that the armrest is attached to a 
metal riser, which is attached to the metal seat frame. The seat, frame 
and the flooring all meet the requirement of 49 CFR 238.103(a)(1). The 
armrest is separated by metal from other vehicle parts, and there are 
no combustible materials within four feet of the armrest. It is 
unlikely that this armrest could contribute to flame or smoke unless 
there is a major fire. GLC provided a diagram and photograph of the 
armrest which are included in the docket.
    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-
2010-0094) and may be submitted by any of the following methods:
     Web site: http:[sol][sol]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

[[Page 42477]]

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:[sol][sol]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 July 14, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-17741 Filed 7-20-10; 8:45 am]
BILLING CODE 4910-06-P

