
[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Page 9107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02771]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0081]


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 September 25, 2012, the Kiski Junction Railroad (KJR) 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-2012-0081.
    KJR has petitioned FRA for a waiver to operate passenger excursion 
equipment on the entire length of its existing railroad without 
compliant FRA safety glazing, as required by 49 CFR part 223. KJR was 
previously granted a waiver by FRA to operate this equipment on its 
Bagdad Line between Schenley and Leechburg, PA, in Docket Number RSGM-
96-11. KJR recently expanded its operations and added 7 additional 
miles of track between Schenley, PA, and Ford City, with the assistance 
of State and Federal funding. KJR has designated this rail segment as 
the Allegheny Line. The Allegheny Line's maximum authorized speed is 25 
mph, and it complies with FRA Class 2 track standards. The Bagdad 
Line's maximum authorized speed remains at 10 mph.
    KJR requests a permanent waiver of compliance from the glazing 
requirements set forth in 49 CFR part 223 for one locomotive, one 
passenger car, and three cabooses--all of which are currently equipped 
with shatterproof safety glass. Locomotive KJR 7135, an ALCO S-1 diesel 
electric 660 HP, was built in 1943 as U.S. Navy 7135. Passenger Coach 
KJR 1154 was built in the 1920s for the Central Railroad of New Jersey. 
Caboose KJR 200 was built in the 1960s for the New York Central 
Railroad. Caboose KJR 5, which is a widow caboose, was built for the 
Pittsburgh and Lake Erie Railroad. Caboose KJR 4, a cupola caboose, was 
built in 1958 for the Norfolk and Western Railroad. KJR is requesting 
this relief due to the prohibitive cost involved in retrofitting this 
equipment with FRA-certified glazing.
    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 March 25, 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on February 4, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-02771 Filed 2-6-13; 8:45 am]
BILLING CODE 4910-06-P


