
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77788-77789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30534]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0104]


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 13, 2013, the New York and Lake Erie Railroad (NYLE) 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR 223.11, Requirements for existing 
locomotives. FRA assigned the petition Docket Number FRA-2013-0104.
    This petition relates to operation of Montreal Locomotive Works 
(MLW) Locomotive FPA-2U, Reporting Marks NYLE 6758, and Locomotive FPA-
4, Reporting Marks NYLE 6764, that are prohibited from operation on the 
general system of railroads without window glazing that meets the 
requirements of 49 CFR 223.11. These locomotives are in tourist/
excursion service and operate on approximately 31 miles of track in 
rural Cattaraugus and Chautauqua Counties in western New York State. 
The locomotives were previously covered under Waiver FRA-1998-4822 when 
they were in biweekly service on NYLE's sister railroad, the Oil Creek 
and Titusville Lines (OCTL) in rural northwestern Pennsylvania. OCTL 
never had problems with window breakage due to vandalism and never had 
to replace glass due to breakage from flying objects. Maximum 
authorized speed on NYLE is 25 mph, the same as it was on OCTL. The 
cost of installing compliant glazing on these historic locomotives 
remains prohibitively expensive.

[[Page 77789]]

    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 February 7, 2014 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.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2013-30534 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-06-P


