[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Pages 76780-76781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30911]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) part 
211, 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.

Roger W. Stabler and Gloria J. Stabler

[Waiver Petition Docket Number FRA-2010-0153]

    The owners, Mr. Roger W. Stabler and Ms. Gloria J. Stabler (the 
Stablers), a private partnership in Woodland in the State of 
California, have petitioned FRA for a permanent waiver of compliance, 
for one private passenger car (Two Rivers), from the requirements of 49 
CFR Part 223, Safety Glazing Standards, which requires certified 
glazing in all windows.
    The passenger car, Two Rivers, was built by Pullman Standard in 
1948, and does not have glazing material that meets the provisions of 
49 CFR 223.15, Requirements for existing passenger cars, for certified 
glazing in the 23 side-facing windows (including windows in the end 
vestibule doors). There are no end-facing windows in this car.
    The Two Rivers car is interchanged with the general system of 
railroads, moved short distances over freight railroads for storage 
when not in use, and occasionally operated behind Amtrak passenger 
trains. Also, the Two Rivers car is occasionally used in special trains 
made up of similarly owned passenger cars being operated for the 
pleasure of the owner and affiliated members of the American 
Association of

[[Page 76781]]

Private Rail Car Owners and/or Railroad Passenger Car Alliance, invited 
guests, and paying passengers (providing an opportunity for passenger 
travel of a bygone era). The main operations occur over scenic, long-
distance routes through rural countryside (outside high-risk, dense 
urban areas), which are low-risk areas for window damage or breakage. 
The car is operated at a maximum track speed as authorized by the 
railroad controlling movement, and is certified by Amtrak to operate at 
110 mph. Typically, these operations amount to about 4,000 miles each 
year.
    The Stablers state that the passenger car is equipped with dual-
pane automotive style laminated safety glass, which, in addition to 
providing a thermal insulation benefit, protects occupants from injury 
caused by the likelihood of a projectile striking the outer pane but 
not penetrating the inner pane. They also state that there have not 
been any reports of injury to occupants of this car for the last 20 
years. Since the 1996 ownership by the Stablers, there have not been 
any accidents/incidents attributed to glazing in this car. The owners 
further state that they maintain the car to Amtrak standards or to a 
standard required by the operating railroad.
    Additionally, the Stablers have a current and feasible emergency 
egress plan for the car that consists of the following: (1) The two end 
doors are always unlocked when the car is in motion; (2) each bedroom 
is equipped with a hammer and flashlight (the hammers, specifically 
designed to break glass, are located next to each window; (3) the 
general lounge area is equipped with a 6-pound sledge hammer, a 3-foot 
pry bar, a Pullman bi-metal saw, and an axe stored in a labelled 
emergency tool holder, which is located in the entryway hallway; (4) 
the car is equipped with four fire extinguishers (two mounted and one 
located at each end of the car), and two first-aid kits; (5) the car is 
equipped, at all times, with a two-way radio for communication with the 
train crew, as well as a cell phone; and (6) all arriving passengers 
are given a safety briefing on the location and basic operation of 
breakout tools, fire extinguishers, and first-aid kits.
    The Stablers request that the certified glazing requirements be 
waived for the Two Rivers passenger car at this time due to the 
accident and vandalism free history, the long-distance routes through 
rural countryside, and the prohibitive cost to replace the side 
windows. The Stablers agree to replace any glazing presently installed 
on the car with FRA-compliant safety glazing in the event that the same 
is either cracked or broken, or reaches the end of its service life 
(i.e., scratched, polycarbonate, etc.).
    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-
2010-0153) 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 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; Page 19477-
78) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on December 3, 2010.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2010-30911 Filed 12-8-10; 8:45 am]
BILLING CODE 4910-06-P