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Petition for Waiver of Compliance

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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.Start Printed Page 48124

Livonia, Avon & Lakeville Railroad Corporation (Waiver Petition Docket Number FRA-2002-13250)

The Livonia, Avon & Lakeville Railroad Corporation (LAL) of Lakeville, New York, has petitioned for a permanent waiver of compliance for one business car, LAL 100 (Traveler), from the requirements of the Railroad Safety Glazing Standards, Title 49 CFR part 223.15(c), which require certified glazing in all windows and a minimum of four emergency windows. LAL purchased this business car from the Arkansas & Missouri Railroad and is the ex-Canadian National Railways business car 65. LAL indicates that the car is equipped with non-compliant glazing, is not air-conditioned and is used only about 3 or 4 times a year at speeds not exceeding 25 mph. The car operates on LAL, B&H Rail Corporation, and the Western New York & Pennsylvania Railroad lines.

LAL states that the design of the window sachets (wood) makes installation of glazing a costly item. All windows (25 total) open (up) eight inches. LAL requests that due to the prohibitive cost and little use of the car that the certified glazing requirements be waived for the business car LAL 100 (Traveler).

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-2002-13250) and may be submitted by any of the following methods:

  • Web site: 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

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; Pages 19477-78).

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Issued in Washington, DC, on September 14, 2009.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.

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[FR Doc. E9-22579 Filed 9-18-09; 8:45 am]