Petition for Waiver of Compliance, 31965 [2015-13639]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Page 31965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13639]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2004-19950]


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 of the Code of Federal 
Regulations (CFR), this provides the public notice that by a document 
dated December 9, 2014, the New York & Lake Erie Railroad (NYLE) 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 223.11 Requirements for existing 
locomotives. FRA assigned the petition Docket Number FRA-2004-19950.
    The New York & Lake Erie Railroad of Gowanda, New York, has 
petitioned for a permanent waiver of compliance for two locomotives, 
numbered NYLE 1013 and NYLE 308, from the requirements of the Railroad 
Safety Glazing Standards, title 49 CFR part 223, which requires 
certified glazing in all windows. The types of glazing currently used 
in the two locomotives are as follows: Locomotive NYLE 1013--Laminated 
Safety Glass AS-1, DOT 14M-220-ASI-030, and locomotive NYLE 308--Clear 
Laminated Safety Glass AS-2 101. The NYLE is a short line carrier that 
operates over 29.5 miles through rural countryside and small 
communities. They traverse two line segments which are connected and 
extend from Cattaraugus, NY, to Dayton, NY, (10.1 miles) and from 
Conewango Valley, NY, to Gowanda, NY, (19.4 miles).
    The original waiver, approved on June 18, 2010, granted relief to 
the NYLE for limited freight service over 29.5-mile-long line, 
consisting of Class 1 track, at speeds not to exceed 10 mph. However, 
the current petition, dated December 9, 2014, states that the NYLE has 
now improved the track to Class 2. In addition to the limited freight 
service, the NYLE now occasionally operates tourist passenger 
excursions. In the new petition, NYLE is asking to include in the 
waiver passenger excursions, and to increase the maximum operating 
speed to 25 mph, both for the freight service and the passenger 
excursions.
    The NYLE states that there has been no problem with window breakage 
due to vandalism, and that they have not had to replace glass due to 
breakage from flying objects. Because of low risk of exposure to injury 
due to vandalism, prohibitive cost of the glazing material and 
decreased operating revenue due to declining freight shippers, the NYLE 
is requesting the waiver of this regulation for the two locomotives 
listed above.
    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 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: https://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. DOT, 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 July 20, 2015 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.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also https://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, on May 28, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-13639 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-06-P