Petition for Waiver of Compliance, 76780-76781 [2010-30911]

Download as PDF 76780 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices informational workshops, small group meetings, and other methods to solicit and incorporate public input throughout the planning process. To ensure that the full range of issues relating to the proposed action is addressed, comments and suggestions are invited from all interested parties. Comments and questions concerning the extension of the proposed action should be directed to Mn/DOT or to the FRA at the addresses provided above. Additional information can be obtained by visiting the project Web site at https:// www.dot.state.mn.us/passengerrail/ mwrri/phase7.html or sending an email to MWRRIPhase7@state.mn.us. Issued in Washington, DC, on December 6, 2010. Mark E. Yachmetz, Associate Administrator for Railroad Policy and Development. [FR Doc. 2010–31013 Filed 12–8–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with part 211 of title 49 Code of Federal Regulations (CFR), 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. Madison Railroad erowe on DSK5CLS3C1PROD with NOTICES [Waiver Petition Docket Number FRA–2010– 0158] The Madison Railroad (MR) of Madison, Indiana, has petitioned for a permanent waiver of compliance for Locomotive Number 2013, from the requirements of the Railroad Safety Glazing Standards, Title 49 CFR part 223, which require certified glazing in all windows and with the Railroad Safety Appliance Standards, Title 49 CFR part 231, where the vertical handholds do not meet current design requirements. In addition, Caboose CMPA 79718, a standard cupola type road caboose that was built in the late 1970’s, originally used by MR as their offices. MR desires to utilize this caboose to offer train rides as a community service 4 times a year. MR states all the existing glazing is safety plate glass in very good condition; however, does not comply with the VerDate Mar<15>2010 15:35 Dec 08, 2010 Jkt 223001 Railroad Safety Glazing Standards, Title 49 CFR part 223, which require certified glazing in all caboose windows. MR, a division of the City of Madison Port Authority, owns and operates a 25 mile Shortline from Madison to North Vernon, Indiana, approximately 4 times a week at a speed of 10 miles per hour (mph) or less. Approximately twice per month, the railroad operates on 25 miles from North Vernon to Madison to service a customer on the Madison hilltop. The locomotive operates at 10 mph or less, moves one to three loads south, and then makes a return trip with empties. Locomotive Number 2013 would normally be used as a back-up locomotive to Locomotive Number 3634. 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– 0158) and may be submitted by any of the following methods: • Web site: https:// 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 https:// 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 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 document (or signing the document, 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) or at https://www.dot.gov/privacy.html. Issued in Washington, DC on December 3, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–30910 Filed 12–8–10; 8:45 am] BILLING CODE 4910–06–P 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 sidefacing 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 E:\FR\FM\09DEN1.SGM 09DEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 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 highrisk, dense urban areas), which are lowrisk 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 FRAcompliant safety glazing in the event that the same is either cracked or VerDate Mar<15>2010 15:35 Dec 08, 2010 Jkt 223001 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: https:// 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 https:// 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 https://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 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 76781 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket No. NHTSA–2010–0157] Reports, Forms, and Record Keeping Requirements National Highway Traffic Safety Administration, DOT. ACTION: Request for public comment on proposed revision of the previously approved collection of information, OMB #2127–0646. AGENCY: Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes the collection of information for which NHTSA intends to seek OMB approval. DATES: Comments must be received on or before February 7, 2011. ADDRESSES: You may submit comments identified by DOT Docket ID Number NHTSA–2010–0157 using any of the following methods: Electronic submissions: Go to https:// www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility, M–30, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the Docket number for this Notice. Note that all comments received will be posted without change to https:// www.regulations.gov including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mr. Alan Block, Contracting Officer’s Technical Representative, Office of Behavioral Safety Research (NTI–131), National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., W46–499, Washington, DC 20590. Mr. Block’s phone number is 202–366–6401 and his e-mail address is alan.block@dot.gov. SUMMARY: E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

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


-----------------------------------------------------------------------

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: https://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 https://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 https://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