[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Pages 75698-75699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30824]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0078]


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 August 28, 2012, the North Coast Line, Inc. (NCL) of Doylestown, 
OH, has petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained at 49 CFR part 223 (Safety Glazing 
Standards--Locomotives, Passenger Cars and Cabooses). FRA assigned the 
petition Docket Number FRA-2012-0078.
    NCL has petitioned for a permanent waiver of compliance for a 26-
seat diner lounge car, RPCX 3125, named ``Paul Revere.'' This car was 
built by The Budd Company in 1952, and since 2007 has operated on lease 
for passenger excursions that are limited to regional railroads, namely 
Buffalo and Pittsburgh Railroad, Columbia and Ohio River Railroad, Ohio 
Central Railroad (Genesee and Wyoming), and Wheeling and Lake Erie 
Railway. The car typically operates between 1,000 and 2,000 miles per 
year on about six weekends at speeds 45 mph or less, mostly on single-
track rail lines through areas largely rural in nature. When not being 
used, this car is stored at the Orrville Railroad Heritage Society, 
Inc. Pine Street Yard in Orrville, OH, on Wheeling and Lake Erie 
Railway.
    There are no end windows except for the end doors. The left side of 
the car contains six windows while the right side contains seven 
windows. No Type I or Type II FRA-certified glazing is currently 
installed in the car. All windows have two panes. Except for the end 
windows and four emergency windows, all other windows are \1/4\-inch 
panes of Duplate ASI PPG Safety Glass. The emergency windows and the 
end windows are \1/4\-inch panes of GE Marguard/Lexan. NCL states that 
there has been no accident or injury attributed to window glazing while 
under the present ownership since 2007. NCL further states that besides 
the prohibitive cost (approximately $23,800) involved in retrofitting 
the car with FRA-certified glazing, side-lining the car for this 
purpose will be catastrophic because most of its revenue comes from the 
operation of this car on steam and diesel powered excursions. 
Therefore, NCL is requesting this relief.
    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

[[Page 75699]]

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 4, 2013 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 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 online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 17, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-30824 Filed 12-20-12; 8:45 am]
BILLING CODE 4910-06-P