[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Notices]
[Pages 6498-6499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2235]


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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.

New York & Lake Erie Railroad (NYLE) (Waiver Petition Docket Number 
FRA-2004-19950)

    The New York & Lake Erie Railroad (NYLE) seeks a waiver of 
compliance

[[Page 6499]]

from certain provisions of the Safety Glazing Standards, 49 CFR Part 
223, which requires certified glazing in all windows. The NYLE is a 
short line freight carrier that travels 29.5 miles through rural 
countryside and small communities, averaging 1.5 times per week. The 
number of cars hauled per train is 5 cars or less. The railroad has two 
line segments, which are connected and extend from Cattaraugus, NY to 
Dayton, NY (10.1 miles) and from Conewango Valley, NY to Gowanda, NY 
(19.4 miles). The point of interchange is in Gowanda, NY.
    This request is for three locomotives, specifically locomotive 
numbers NYLE 6101, NYLE 1013, and NYLE 308. At the present time, NYLE 
6101 is equipped with Safety Glass, AS-2, 230, 5, and DOT 1. NYLE 1013 
is equipped with Laminated Safety Glass AS-1, DOT 14M-220-ASI-030. NYLE 
308 is equipped with Clear Laminated Safety Glass, AS-2 101. The 
railroad claims that they have not had any problems with window 
breakage due to vandalism, and they have not had to replace glass due 
to breakage from flying objects.
    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 2004-
19950) 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 the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://dms.dot.gov.
    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). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on February 1, 2005.
Grady C. Cothen, Jr.,
Acting Associate Administrator for Safety.
[FR Doc. 05-2235 Filed 2-4-05; 8:45 am]
BILLING CODE 4910-06-P