[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Notices]
[Pages 61560-61561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24999]
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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.
Hoosier Valley Railroad Museum, Inc.
[Waiver Petition Docket Number FRA-2010-0138)]
The Hoosier Valley Railroad Museum, Inc. (HVRM) 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. HVRM owns four cabooses (Car Numbers: B&LE 1989, EL C345, GTW
75072, and EJ&E 184) and a flat car (Car Number: NKP 1946) that are
older than 50 years from their date of original construction, and are
restricted by the provision of 49 CFR 215.203(a). HVRM is concurrently
seeking special approval to continue to use these cars under proceeding
according to 49 CFR 215.203(b).
To support its petition to seek relief from the stenciling
requirement, HVRM states that it is an Indiana Corporation and a
501(c)(3) non-profit organization whose mission is to preserve railroad
history in northwest Indiana. HRVM exercises complete control in the
maintenance of these freight cars. Each car subject to this petition is
lettered and painted according to its historic appearance at the time
of its construction. Stenciling these cars in order to meet the letter
of Sec. 215.303 would violate the historic impression that these cars
are maintained to preserve.
The cars subject to this waiver are limited in their service by
speed, lading and territory. Specifically, their operation will be
confined to the Chesapeake & Indiana Railroad over tracks owned by the
Town of North Judson, Indiana, at limited track speed, with light
tonnage (if any), in accordance with CFR Part 215. These cars will
never be subject to regular railroad interchange operations at the
hands of a strange crew unfamiliar with their characteristics.
HVRM further stated that its restricted cars will always be
operated in context that ensures that each car and its sensibilities
are readily accessible and known both to HVRM as operator, and to FRA
as railroad safety regulation enforcer. HVRM believes that the greatest
inconvenience to the FRA's inspectors would be the identification of
obvious defects as to type and obsolete parts on the cars without the
benefit of supporting paperwork in hand. This inconvenience could be
easily remedied by HVRM making available to the FRA's
[[Page 61561]]
inspectors at HVRM's business office all of Sec. 215.203 paperwork
concerning each car subject to this petition.
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-
2010-0138) 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 September 28, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-24999 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-P