Trustees: 530 West Avenue James L. Dickinson, President Medina, NY 141 03 Hugh F. James, Vice Pres. I Treasurer Robert Thon, Secretary (585) 798-6106 David Armitage http://www. railroadmuseum. net Gerald Bertoldo E-Mail: [email protected] Michael Gaughn Lawrence Swindler Martin C. Phelps, Director

(..t.) I"· c._ Docket Clerk c: Federal Railroad Administration I I 1200 New Jersey Ave., SE co -~-_;; ... Washingtg_n, DC 20590 __

RE: Excursion Service Glazing Waiver Request

Gentlemen:

The Medina Railroad Museum, an excursion train ride operator, hereby requests a waiver of Title 49 CFR Part 223 on Safety Glazing for one of our passenger cars.

Background

The Medina Railroad Museum (MRRM) is located in Medina, NY halfway between Niagara Falls and Rochester, NY on the Falls Road Railroad po, a shortline branch of Genesee Valley Transportation Corp. (GVT). We are a Non-Profit 501 (c)(3), State Education Corporation, formed in November 1997, that preserves railroad history for the enjoyment and education of the public. The museum boasts the largest collection of RR artifacts and memorabilia known to exist anywhere in the world.

The museum has operated excursion trains over the Falls Road Railroad Company's trackage between Medina and Lockport, NY utilizing 1948 Budd coaches leased from the Western NY Railway Historical Society. Motive power, operating personnel and dispatch services have been provided by Falls Road Railroad Company, a division of Genesee Valley Transportation.

Grant funding from the State of New York has permitted the museum to purchase seven passenger cars and two locomotives. These units need servicing and upgrades and will be placed into service as the necessary work is completed and each unit meets regulatory standards.

Request for Glazing Waiver

The equipment for which a glazing waiver is request~d is, as follows; Reporting M~rks: RPCX . · · Car Number: 761 Builder: Canada Car & Foundry (Montreal, Canada) Year Built: 1954 Type of Passenger Car: Cafe Lounge Dimensions: 85:ft Long, 10 ftWide, 13ft High Number of end Windows: Four, located in entry doors Number of Side Windows: Fifteen Side Windows FRA Type I or Type II Glazing: None Previous Owners: Dr. Harry Phills, VIA Rail, Canadian Nat'l Last Use: Car was last used as part of a dinner train between Waterloo and St. Jacobs, Ontario Canada from 1997 until 2002. Operating Speed: This car will be operated at a maximum track speed of 30 MPH and will typically operate at 25 MPH as authorized by the Falls Road Railroad Co. Glazing: Current glazing is two pane glass with the inner pane made of automotive style laminated Canadian safety glazing.

There have been no accidents or incidents attributed directly or indirectly to window glazing failures in this equipment while under present ownership since 2008. The present owner does not have any evidence that there have been any accidents/incidents involving window glazing r~S!:I_Iting in_~l1_yperSQf1al injuryJ9 _9n_y oc~upa!lt§_pfthis~gtJjpJYlent. Th€l.r~h~_ye l:)een no ------incidents of vandalism while this car has -been in the museum's ownership since 2008.

When not in operation, this equipment is stored at 530 West Avenue, Medina, New York on Falls Road Railroad Company at Medina, New York. This equipment will be moved up to 26 miles over Falls Road Railroad Co. trackage. There is no plan or intent to interchange this equipment with any other railroad company. Likewise there is neither plan nor intent to interchange this passenger car with . The Falls Road Railroad Company is a private company consisting of 42 miles of track with just one interchange point at Lockport, New York where it interchanges with CSX railroad. This equipment will only operate with passengers on this private railroad and will not interchange with CSX or AMTRAK.

This equipment has not been subject to any FRA violation or enforcement action.

There has been no FRA reportable equipment-related derailments or accidents to this equipment since its purchase in 2008.

The Falls Road Railroad Company trackage is single track; therefore, there will be no hazard of flying objects from passing trains. There is only one overhead bridge, without sidewalks, from which vandals could throw stones or other objects at this equipment. Also, end windows are enclosed in vestibules. Risk from flying objects is considered to be quite low.

Estimate to fully apply Part 223 glazing is $33,463.00. Documentation is attached as Appendix A. An emergency exit plan will be developed and required hammers, signs and axes will be installed.

We thank you in advance for your consideration of this request for waiver of Title 49 CFR Part 223 Safety Glazing for this passenger car No. RPCX 761 and look forward to your prompt response.

Sincerely, ~5~~ Hugh F James, Vice President 585-590-1316 Apendix A

Medina Railroad Museum Window Glazing Costs

Item Description Size Qnty Price Totals Two Pane Side Window- FRA Type II 63" X 29" 13 475.00 6,175.00 Two Pane Side Window- FRA Type II 27.5" X 29" 2 299.00 598.00 Single Pane Entry Door- FRA Type I 19" X 31.5" 2 185.00 370.00 Single Pane Entry Door- FRA Type I 19" X 22" 2 160.00 320.00 Installation Labor 26,000.00 Total Installed Cost 33,463.00

H- NOTE:-Based on quotation from Dynamic MetaTs, LLCarraBatavraanaOllTOlrailway Service_s__ _ dated 9/28/2012 and 10/12/2012 for a similar project.