60860 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

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 September 

27, 2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–24703 Filed 9–30–10; 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. 

Western Maryland Scenic Railroad 

[Waiver Petition Docket Number FRA–2010– 

0089] 

The Western Maryland Scenic 

Railroad (WMSR) petitioned FRA for 

relief from the requirements of CFR 

223.15 Existing passenger cars, and 

§ 223.13 Existing cabooses, for nine (9) 

passenger cars, and one (1) caboose. 

Specifically, passenger cars WMSR 200, 

540, 541, 726, 844, 846, 850, 851, and 

855, which were built between 1946, 

and 1954, and used by Class I Railroads 

until their retirement in long distance 

passenger service. Also, the cars are not 

equipped with the required number of 

emergency windows exits. The caboose, 

WMSR 1906, was built in 1969. Since 

FRA’s long-standing definition of 

‘‘antiquated’’ is being built prior to the 

end of World War II, even though this 

equipment is used on in tourist/ 

excursion/educational service, relief 

from the Federal safety glazing 

requirements is required. 

WMSR operates this equipment 

primarily on trackage between 

Cumberland, and Frostburg, Maryland. 

A portion of the trackage is leased from 

the CSX Transportation Inc. (CSXT), in 

Ridgeley, WV, where the railroad’s 

maintenance, storage, and repair 

facilities are located. WMSR is the only 

operator/tenant of this least trackage 

and acreage. 

The above referenced passenger cars 

and caboose have occasionally been 

leased/loaned for excursion service 

purposes to other organizations, 

including CSXT, such as Charity Train, 

Masters Golf Tournament, and the 

Kentucky Derby Train. In addition, 

WMSR has been requested to provide 

excursion passenger equipment for an 

anniversary celebration on the South 

Branch Valley Railroad later in 2010. 

WMSR tourist railroad operations are 

conducted at speeds of 20 mph, but 

while the equipment is on loan/lease to 

other operators, the operating speeds 

may differ. 

There have been no reported 

incidents of stoning or acts of vandalism 

against the excursion trains. WMSR 

believes that the cost to retrofit these 

cars is not economically feasible, would 

impose a serious financial hardship to 

the non-profit organization, and would 

jeopardize their ability to utilize the 

equipment in its current service. 

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– 

0089) 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 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 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on September 

27, 2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–24705 Filed 9–30–10; 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. 

Port Manatee Railroad 

[Waiver Petition Docket Number FRA–2010– 

0091] 

The Port Manatee Railroad (PMRR) 

seeks a waiver of relief from the 

statutory requirements of 49 U.S.C. 

21103(a)(4), whereby train employees 

have 48 or 72-hour off-duty periods 

following the initiation of on-duty 


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