
[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69923-69924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28350]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0069]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated July 26,

[[Page 69924]]

2012, Midwest Rail d.b.a. Toledo Lake Erie and Western Railway (TLEW) 
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--Safety Glazing Standards--
Locomotives, Passenger Cars and Cabooses. FRA assigned the petition 
Docket Number FRA-2012-0083.
    Specifically, TLEW seeks a waiver of compliance from the 
requirements of 49 CFR 223.11--Requirements for existing locomotives 
and 49 CFR 223.13--Requirements for existing cabooses. TLEW has 
petitioned FRA for a waiver for one American Locomotive Company Model 
S-4, 1000-horsepower diesel electric locomotive numbered 5109 (TLEW 
5109). This locomotive was built for the Chesapeake and Ohio Railroad 
in 1954. The locomotive is equipped with standard window material that 
is shatter resistant. All windows of TLEW 5109 are in excellent shape 
with unobstructed visibility. The locomotive will be used for both 
excursion passenger and freight service.
    TLEW also seeks a waiver for Caboose TLEW 475, which is a steel 
caboose, Association of American Railroads-type M930, built in 1962, 
and equipped with shatter-resistant glazing. The existing window 
framing on this caboose is not compatible with the required FRA Type I 
and II glazing. Other than the glazing, the caboose meets all other FRA 
safety requirements. The caboose will be used for both excursion 
passenger and freight trains where reverse movements are required. It 
will provide a safe platform for crewmembers to ride and protect the 
movements through the rural and wooded areas of operation.
    Midwest Rail is committed to operating freight and tourist/
excursion rail service from Waterville, Milepost (MP) 13.2, to Grand 
Rapids, OH, MP 25.0, and then return; a one-way distance of 11.8 miles. 
The line is located in a rural area, between the communities of 
Waterville and Grand Rapids, with a combined population of less than 
7,000. There are no overhead bridge structures or areas of elevation 
along the railroad that would allow objects to be thrown from above. 
Based on historical information provided from the prior operator of 
this line, there have been no reports of vandalism, objects thrown, or 
other acts of malicious destruction to railroad equipment during 
operation in the last 10 years. The maximum authorized speed for 
freight and excursion movements will not exceed 15 mph. Locomotive TLEW 
5109 is primarily used in yard switching service. TLEW states that the 
railroad is private and does not currently operate any trains.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
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 January 7, 2013 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 November 15, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-28350 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-06-P


