
[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Pages 75696-75697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30873]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0072]


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 August 28, 2012, Capital Passenger Car, Inc. (CPC) of Orrville, 
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--Safety Glazing 
Standards--Locomotives, Passenger Cars and Cabooses. FRA assigned the 
petition Docket Number FRA-2012-0072.
    CPC has petitioned for a permanent waiver of compliance for a 28-
seat parlour car (RPCX 3850) named ``C&B Marshall.'' This car was built 
by Pullman in 1947, and since 1989 has operated on lease for passenger 
excursions that are limited to regional railroads, namely Buffalo and 
Pittsburgh Railroad, Columbia and Ohio River Railroad, Ohio Central 
Railroad (Genesee and Wyoming), and Wheeling and Lake Erie Railway. The 
car typically operates between 1,000 and 2,000 miles per year on about 
six weekends at speeds of 45 mph or less, mostly on single-track rail 
lines through areas largely rural in nature. When not being used, this 
car is stored at the Orrville Railroad Heritage Society, Inc.'s Pine 
Street Yard in Orrville, OH, on the Wheeling and Lake Erie Railway.
    There are two end windows in the B-end vestibule, one right and one 
left. Both the right side and left side of the car contain eight 
windows each. No Type I or Type II FRA-certified glazing is currently 
installed in the car. However, all side windows are \1/4\-inch panes of 
Duplate ASI PPG Safety Glass. Some of these side windows are equipped 
with double panes. Also, each end window is \1/4\-inch pane of Duplate 
ASI PPG Safety Glass. CPC states that barring one incident of vandalism 
in the spring of 2010 when the car was in storage--resulting in several 
cracked windows--there has been no accident or injury attributed to 
window glazing since this car came under its present ownership in 1988. 
CPC states that besides the prohibitive cost (approximately $30,000) 
involved in retrofitting the car with FRA-certified glazing, side-
lining the car for this purpose will be catastrophic because most of 
its revenue comes from the operation of this car on steam and diesel 
powered excursions. Therefore, CPC is requesting this relief.
    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

[[Page 75697]]

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 February 4, 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 December 17, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-30873 Filed 12-20-12; 8:45 am]
BILLING CODE 4910-06-P


