[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54949-54950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21694]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0075]


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 
received on July 8, 2013, the Medina Railroad Museum (MRRM) 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. FRA assigned the petition 
Docket Number FRA-2013-0075.
    MRRM petitioned FRA to grant a waiver of compliance from the safety 
glazing provisions of 49 CFR 223.15, Requirements for existing 
passenger cars. MRRM seeks relief for a 1954 caf[eacute] lounge car, 
Number RPCX 761, which was purchased from a private owner, Dr. Harry 
Phills. MRRM intends to use RPCX 761 in excursion service on tracks 
owned by Genesee Valley Transportation's Falls Road Railroad (FRR). 
RPCX 761 will be operated at a maximum timetable track speed authorized 
by MRRM, but not to exceed 30 mph. RPCX 761 has 15 side windows and 4 
end windows located in the entry doors (2 panes per door). Each window 
is two-pane glass with the inner pane

[[Page 54950]]

made of automotive-style, laminated Canadian safety glass. None of the 
windows open; however, the two emergency exit windows on each end of 
RPCX 761 are clearly marked and will have instructions for use of axes 
and hammers to break out glazing under emergency conditions.
    There have been no accidents or incidents attributed to window 
glazing failures in this equipment, which has been under the present 
ownership since 2008. The owner does not have any evidence that there 
have been any accidents/incidents involving window glazing resulting in 
personal injury to any occupants of this equipment. There have been no 
incidents of vandalism while this car has been in the museum's 
ownership since 2008.
    When not in operation, this equipment is stored at 530 West Avenue, 
Medina, NY, on FRR. This equipment will be moved up to 24 miles over 
FRR trackage between Mileposts 18 and 42. FRR is a private shortline 
railroad company consisting of 42 miles of track with just one 
interchange point at Lockport, NY, where it interchanges with CSX 
Transportation (CSX). This equipment will only operate with passengers 
on this private railroad and will not interchange with CSX or Amtrak.
    FRR trackage is single track; there is only one overhead bridge, 
without sidewalks, from which vandals could throw stones or other 
objects at this equipment. The end windows of RPCX 761 are enclosed in 
vestibules.
    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 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 October 21, 2013 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as is 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).

Issued in Washington, DC.
Robert C. Lauby.
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-21694 Filed 9-5-13; 8:45 am]
BILLING CODE 4910-06-P