[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1933-1934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00222]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2001-10215]


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 November 1, 2012, the Finger Lakes Railway Corp. (FGLK) has 
petitioned the Federal Railroad Administration (FRA) to seek an 
extension of an existing waiver of compliance from certain provisions 
contained at 49 CFR Part 223-Safety Glazing Standards-Locomotives, 
Passenger Cars and Cabooses for six cars. The car numbers of those six 
cars are: FGLK 7201, FGLK 7202, FGLK 7601, FGLK7602, FGLK 1642, and 
FGLK 1643.
    In support of an extension of the existing waiver, the FGLK 
petition states that the cars subject to this request are in all 
aspects still operating in the same service environment with no changes 
to speed or line segments. FGLK is following the conditions stipulated 
in the existing waiver. FGLK states that glass replacement continues to 
be an extremely high cost for an excursion operation and would 
jeopardize any chance of profitability for such operation for quite 
some time.
    Additionally, the frequency of excursion services offered by FGLK 
has decreased by nearly 75 percent in the past 2 years as freight 
movements have taken precedence. This would further hamper the ability 
to justify any costs associated with replacing noncompliant window 
glass with Part 223-compliant glazing. Since the last waiver request 
was granted by FRA, FGLK replaced 22 pieces of noncompliant glass in 
2009 at a cost of nearly $9,000.
    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

[[Page 1934]]

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 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 25, 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 January 2, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-00222 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-06-P