[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Notices]
[Page 52060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20979]


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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) has received a request for a waiver of compliance from 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.

Trackside Investments

[Docket Number FRA-2010-0012]

    The Trackside Investments, LLC (Trackside) petitioned FRA for 
relief from the requirements of 49 CFR 223.15(c) Existing passenger 
cars for ten (10) passenger cars. All of the passenger cars carry the 
same reporting mark (OHCR) and are numbered: 3208, 5443, 5444, 5499, 
5582, 5583, 5584, 5595, 5642, and 9300. They were built by the Canadian 
Car and Foundry Company in 1954, and used by VIA Rail Canada until the 
mid-1990's, in long distance passenger service.
    The equipment does not meet the definition of ``antiquated'' 
equipment. FRA's long-standing definition of ``antiquated'' applies to 
equipment to built prior to the end of World War II. In this case, even 
though the above listed equipment is used on in tourist/excursion/
educational service, relief from the Federal safety glazing 
requirements is required because the cars were built in 1954. The cars 
are equipped with double pane, sealed laminated safety glass, with 
certain windows marked as emergency exits. Also, the cars have 
emergency tools and instructional signage to break the marked windows, 
as installed by VIA Rail.
    The above referenced passenger cars and cabooses have occasionally 
been leased for excursion service purposes to similar organizations in 
the Midwest region of the United States, and Trackside proposes to 
continue this practice in the future. In all instances, the excursion 
trains operate through urban, rural and wooded areas. The coaches are 
used at speeds up to and including 45 mph. There have been no reported 
incidents of stoning or acts of vandalism against the excursion trains. 
Trackside believes that the cost to retrofit these cars is not 
economically feasible due to the limited annual use of the cars and low 
exposure to vandalism. For example, the average use of these cars over 
the past 24 months was approximately 30 service days.
    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-
2010-0012) 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 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://www.regulations.gov.
    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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 17, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-20979 Filed 8-23-10; 8:45 am]
BILLING CODE 4910-06-P