[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Notices]
[Pages 39615-39616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16725]
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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) 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.
Orange Empire Railway Museum
[Waiver Petition Docket Number FRA-2010-0102]
The Orange Empire Railway Museum (OERM) seeks a waiver of
compliance from certain provisions of the Railroad Freight Car Safety
Standards, 49 CFR 215.303, which requires stenciling of restricted
cars; as well as 49 CFR 224.3, which requires Reflectorization for
freight cars.
[[Page 39616]]
OERM owns 66 rail cars that are older than 50 years, and are
restricted by the provision of 49 CFR 215.203(a). OERM is seeking
special approval to continue to use these cars under proceeding
according to 49 CFR 215.203(b).
OERM states that the cars subject to this waiver are used for
educational, historical and interpretive purposes as part of the
ongoing museum activities of Southern California Railway Museum, Inc,
d.b.a. Orange Empire Railway Museum, a California non-profit education
corporation. OERM is a historical museum tourist railroad operation
located in the City of Perris, California. Continued operation of these
cars is central to the education mission and economic survival of the
museum.
OERM further states that applying the required stenciling and
reflective material would destroy the historical appearance of the
cars. The cars will be operated in captive service and will never be
interchanged. These cars are rarely, if at all, operated at times other
than daylight hours. On the rare occasions when the cars are operated
at night and across a public grade crossing, the crossings in question
are fully equipped with automatic crossing protection and, by virtue of
their locations within an urban area, there is adequate light at the
grade crossing to illuminate the cars.
The crossing at 7th street on the Jacinto Industrial Spur is not
protected by gates and flashers; however, on the rare occurrence, if
ever, when such equipment is moved across said crossing, the museum
provides a flagman and speeds will not exceed 5 miles per hour. The 7th
Street crossing is scheduled to receive gates, flashers and islands
with the introduction of Metrolink service. There have never been any
train/vehicle accidents at these grade crossings involving OERM trains.
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-
2010-0102) 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 July 2, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-16725 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-06-P