
[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Notices]
[Page 6623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2905]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0176]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated December 6, 2010, Nimishillen and Tuscarawas Railway 
(NTRY) of Canton, OH, has petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR part 
223. FRA has assigned the petition Docket Number FRA-2010-0176.
    NTRY seeks renewal of relief from the requirements of the railroad 
safety glazing standards (49 CFR part 223). This relief was originally 
granted in 1992 per Docket Number RSGM-91-31. The relief was granted 
for seven locomotives. NTRY's current petition requests a permanent 
waiver of compliance for six locomotives (numbered NTRY 1221, 1228, 
1285, and LTEX 1002, 1003, and 1004) from the requirements of 49 CFR 
part 223, which requires certified glazing in all windows.
    These locomotives, equipped to operate as remote controlled 
locomotives (RCL), are primarily used to move freight cars in the 
Republic Engineered Products facility. Occasionally, the units leave 
the facility to move freight cars to separate interchange tracks with 
the Norfolk Southern or Wheeling & Lake Erie Railway. During these 
operations, the units do not cross any public road crossings. The 
maximum speed of these operations is 10 mph. Occupancy of the 
locomotive cabs is minimal during shift operations within the 
industrial facility. All existing glazing on these locomotives is 
equipped with clear safety glass. NTRY states that replacing the 
existing glazing with FRA-certified glazing will put a severe hardship 
and financial burden on the railroad.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 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 by March 26, 2012 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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 comment (or signing the comment, 
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; Pages 
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on February 3, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-2905 Filed 2-7-12; 8:45 am]
BILLING CODE 4910-06-P


