[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Page 76780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30910]


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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

[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 
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:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 http://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 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 http://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