[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Page 41991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16677]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0051]


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 May 6, 2013, the Erie Lackawanna Dining Car Preservation Society 
(ELDCPS) 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 section 223.15, Requirements for 
existing passenger cars. FRA assigned the petition Docket Number FRA-
2013-0051.
    This petition relates to the operation of a sleeping car, ``The 
City of Lima,'' Reporting Mark RPCX 211. The petitioner is requesting 
permission to continue to operate the car that does not have window 
glazing meeting the requirements of 49 CFR 223.15. This car is 
interchanged with railroads operating on the general system, moved 
short distances over freight railroads for storage when not in use, and 
operated behind Amtrak passenger trains or in special trains made up of 
similar passenger cars. ELDCPS is a not-for-profit corporation, 
incorporated in the State of New Jersey since 2001.
    The private passenger car fleet is a small fraction of the total 
passenger fleet operating in the country, and continues to have an 
excellent safety record, due in part to the operating characteristics 
and the operating environment of the cars. Operation of this private 
passenger car has been injury-free as related to window glazing for the 
past 20 years, and the car has operated in the service described in 
this petition since 2008.
    Specifically, Car RPCX 211 was built by Pullman Standard in 
February 1950 and is equipped with 20 Adams & Westlake 64 
sash, double-glazed, 30'' x 42'' side windows with a mixture of 
unmarked polycarbonate and automotive-type, windshield-grade, laminated 
safety glass. FRA Type II polycarbonate glazing is present in the 
vestibule's Dutch doors, but is badly hazed. Carbody end-door windows 
are unmarked polycarbonate.
    ELDCPS seeks relief from the glazing requirements for operation of 
this passenger car for short distances over freight lines, behind 
Amtrak passenger trains, or in special trains made up of similar 
passenger cars. Typically, these cars are operated over scenic, long-
distance routes through rural countryside, which are low-risk areas for 
window damage or breakage. The car is operated at a maximum track 
speed, as authorized by the railroad that is controlling the movement.
    Since ELDCPS purchased RPCX 211, in 2007, FRA has not received any 
reports of personal injuries involving the operation of this equipment 
as the result of the presently installed noncompliant glazing. There 
have not been any acts of vandalism to this car while in storage or in 
operation. When not in use, this equipment is stored at a private 
siding on the Delaware-Lackawanna Railroad in Scranton, PA.
    ELDCPS has a current and feasible emergency egress plan for this 
car. The plan includes four, clearly marked emergency exit windows, 
emergency battery lights throughout the car, and standard emergency 
tools in a well-marked cabinet near Bedroom A in the hallway.
    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 Docket Operations Facility, 1200 New Jersey Ave. 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 August 26, 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-16677 Filed 7-11-13; 8:45 am]
BILLING CODE 4910-06-P