[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Notices]
[Page 39182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16556]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Farmrail System, Incorporated (Waiver Petition Docket Number FRA-2001-
9998)

    The Farmrail System owns three passenger coaches which were built 
in 1954-56. These coaches are not used in regular service but only on a 
limited seasonal basis primarily in conjunction with the Oklahoma 
Tourism and Recreation Department's resort and conference center 
located at Quartz Mountain State Park.
    The cars operate on trackage owned by the Oklahoma Department of 
Transportation for which Farmrail acts as lessee-operator. The 
excursion trains operate from a station near the entrance to Quartz 
Mountain State Park and run northward around Lake Lugert through a 
sparsely populated area to Lone Wolf, Oklahoma and back. Farmrail 
requests relief from the requirements of Title 49 Code of Federal 
Regulations (CFR) 223.15 Requirements for existing passenger cars due 
to the infrequent use of the cars, the planned usage for excursion 
service, and the cost of installing compliant glazing.
    The cars are former VIA Rail Canada equipment and have a double-
pane combination of \1/4\-inch thick safety glass inside and plate 
glass outside. This glazing system remains the standard in Canada for 
passenger equipment, and the petitioner believes that the operation of 
these cars, as equipped, would not pose a safety hazard to passengers 
or employees.
    FRA granted Farmrail relief from the requirements of CFR 223.15 to 
operate their three passenger cars, numbers FMRC 5627, 5478, and 5560, 
without FRA compliant glazing on a limited basis for a period of five 
years on May 24, 2002. Subsequent to FRA granting the subject waiver, 
Farmrail restated the intended area of operation for these excursion/
charter trains to include the entire 354 mile System. This is a major 
modification to the original waiver request. The additional proposed 
area of operation was not included in the original safety evaluation. 
Therefore, Farmrail requested reopening of this docket and petitions 
for the expanded area of operation.
    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 (e.g., Waiver Petition Docket Number FRA-
2001-9998) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., 
Washington, DC 20590. Communications received within 45 days of the 
date of this notice will be considered by FRA before final action is 
taken. Comments received after that date will be considered as far as 
practicable. All written communications concerning these proceedings 
are available for examination during regular business hours (9 a.m.-5 
p.m.) at FRA's temporary docket room located at 1120 Vermont Avenue, 
NW., Room 7051, Washington, DC 20005.
    FRA wishes to inform all potential commenters that anyone is able 
to search the electronic form of all 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 you may visit http://dms.dot.gov.

Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-16556 Filed 6-30-03; 8:45 am]
BILLING CODE 4910-06-P