[Federal Register: November 4, 2003 (Volume 68, Number 213)]
[Notices]
[Page 62495]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no03-105]
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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) received a request for a waiver of compliance with 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.
Cass Scenic Railroad
[Docket Number FRA-2003-15851]
The Cass Scenic Railroad (Cass) seeks a waiver of compliance from
the Inspection and Maintenance Standards for Steam Locomotives, 49 CFR
part 230, published November 17, 1999. As stated in section 230.3(c)(1)
Petition Process, Petitions for Special Consideration were to have been
filed by January 18, 2001. It was to have been accompanied by all
relevant documentation for support, including a FRA Form No. 4 that was
calculated in accordance with Sec. 230.17 One thousand four hundred
seventy-two service day inspection, and all records that demonstrate
the number of days the locomotive has been in service.
Cass seeks this waiver for one locomotive, number (Western
Maryland) 6, which had the flue tubes replaced in accordance with the
requirements of 49 CFR 230.17 and was returned to service in October
1996. At that time, Cass was eligible to file a Petition for Special
Consideration because their locomotive was placed into service after
the September 25, 1995 cutoff date. However, Cass was not able to
verify the FRA Form 4 and supporting calculations until September 18,
2001, thus missing the required January 18, 2001 filing date. The
locomotive was removed from service having only used 930 service days
and has remained out of service. Therefore, Cass seeks a waiver from
the January 18, 2001 filing date for their Petition for Special
Consideration.
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-
2003-15851 ) and must be submitted to the Docket Clerk, DOT Central
Docket Management Facility, Room Pl-401, Washington, DC 20590-0001.
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 DOT
Central Docket Management Facility, Room Pl-401 (Plaza Level), 400
Seventh Street, SW., Washington. 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://dms.dot.gov.
Anyone is able to search the electronic form of all 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). The Statement
may also be found at http://dms.dot.gov.
Issued in Washington, DC, on October 30, 2003.
Grady C. Cothen,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 03-27651 Filed 11-3-03; 8:45 am]
BILLING CODE 4910-06-P