2015-24054. Petition for Waiver of Compliance

In accordance with part 211 of Title 49 of the Code of Federal Regulations (CFR), this document provides the public notice that by a document dated August 19, 2015, the Delaware Lackawanna Railroad Company (DLR) 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-2015-0093.

DLR has petitioned FRA to grant a waiver of compliance from 49 CFR part 223-Safety Glazing Standards, for a 100 ton, 600 horsepower diesel-electric locomotive, Number DL&W 426. This locomotive was built in 1934 by Electromotive Corporation for DLR for use in yard switching. DLR is a Class III railroad. DL&W 426 would be used in yard and terminal switching service at the former Delaware Lackawanna and Western yards in Scranton, PA, and occasional historic passenger moves within Steamtown National Historic Site. The locomotive would operate at speeds not exceeding 15 mph. The locomotive is currently equipped with unblemished laminate safety glass and is serviced and maintained by DLR, in Scranton, PA. The waiver is being sought because of the limited operation of the locomotive and the low risk of safety of continuing to operate with the current glazing.

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 Department of Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Avenue 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: http://www.regulations.gov. Follow the online instructions for submitting comments.
• Fax: [phone].
• 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 by November 9, 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 http://www.regulations.gov/​#!privacyNotice for the privacy notice of regulations.gov.

Issued in Washington, DC, on September 16, 2015.

Ron Hynes,

Director, Office of Technical Oversight.