[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Notices]
[Page 80108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31937]


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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.

Hoosier Valley Railroad Museum, Inc.

[Waiver Petition Docket Number FRA-2010-0161]

    The Hoosier Valley Railroad Museum, Inc. (HVRM) of North Judson, 
Indiana, has petitioned for a permanent waiver of compliance for five 
cabooses from the requirements of the Railroad Safety Glazing 
Standards, title 49 CFR part 223, which require certified glazing in 
all windows. The subject cabooses do not meet the glazing requirements 
as per 49 CFR 223.13. The reporting marks on these cabooses, with 
built-years in parentheses, are as follows: B&LE 1989 (1956), EL C345 
(1953), NKP 471 (1962), GTW 75072 (1948) and EJ&E 184 (1970). HVRM 
states that they are a 501(c)(3) non-profit organization with the 
mission to preserve railroad history in northwest Indiana. The subject 
cabooses are used in tourist, historic and/or excursion operations for 
the purpose of historic demonstration, photography and film production.
    The subject cabooses are only operated at limited track speed over 
the Chesapeake & Indiana Railroad (CKIN) over tracks owned by the Town 
of North Judson, Indiana, and are operated under yard limits subject to 
the authority of CKIN. HVRM states that the installed glass is in good 
condition, operations are in a benign environment, and the expense of 
retrofitting the subject cabooses with FRA certified glazing will 
impose a high financial burden.
    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-
2010-0161) 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 15, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-31937 Filed 12-20-10; 8:45 am]
BILLING CODE 4910-06-P