
[Federal Register: April 21, 2009 (Volume 74, Number 75)]
[Notices]               
[Page 18275-18276]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap09-104]                         

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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 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

[[Page 18276]]

requested, and the petitioner's arguments in favor of relief.

Georgetown Loop Railroad

[Waiver Petition Docket Number FRA-2008-0107]

    The Georgetown Loop Railroad (GLR), a narrow-gage tourist railroad, 
petitioned FRA for a waiver of compliance from certain provisions of 
the steam locomotive safety standards, as prescribed by 49 CFR Section 
230.112 (Wheels and tires) and Section 230.113 (Wheels and tire 
defects) for one steam locomotive used in tourist/excursion service. 
Specifically, this waiver request applies to Locomotive Number GLR 12.
    Locomotive Number GLR 12 was built in 1927 by Baldwin Locomotive 
Works (BLW), Philadelphia, PA, for the Kahului Railroad in Hawaii, and 
is a 36-inch narrow gage. The locomotive was used on a shortline in 
freight and passenger service until its retirement in the 1950s. It was 
subsequently sold to private individuals and moved to California to be 
used on various tourist/excursion trains. In the 1980s, a new boiler 
was installed and extensive repairs were made to the running gear. It 
was used frequently throughout the 1990s at the Silver Wood Amusement 
Park until its sale to the Colorado Historical Society in 2005, and was 
in service on GLR from 2005-2007.
    By letter notification on April 7, 2008, FRA brought GLR under the 
agency's jurisdiction and the boiler is now compliant with the 
applicable requirements of 49 CFR Part 230. During an inspection of the 
entire locomotive, it was determined that the inside gage (back-to-back 
spacing) exceeds the safety limits set by FRA under 49 CFR Section 
230.112(b). The actual measurements for the locomotive are 33\1/2\ 
inches wide. The allowable range under the regulation is 32\1/2\ to 
32\7/8\ inches wide. The locomotive was built to BLW's narrow-gage 
standards, which allow wider back-to-back dimensions and narrower 
flange widths for narrow-gage engines. These alternate standard 
dimensions were primarily used in areas with prevalent sharp curves and 
poor track conditions. In addition to the wider back-to-back dimension 
used by Baldwin, a narrow flange width (new) that measures 1\1/8\ 
inches is used versus the 1\1/4\-inch flange, which is the standard AAR 
narrow flange.
    A second issue with GLR Number 12 pertains to the requirements of 
49 CFR Section 230.113(g) regarding the minimum thickness of the tire's 
flange. The regulatory requirement for condemning a flange for 
insufficient width is 15/16 of an inch based upon a new thickness of 
1\1/4\ inches. Since the new flange thickness on GLR Number 12's 
flanges was 1\1/8\ inches, GLR requests that the condemning limit for 
this locomotive be 13/16 of an inch based upon the reduced initial 
width. GLR stated that they have safely operated this locomotive for 
several years without any wheel problems prior to coming under FRA's 
jurisdiction. GLR believes that there is no practical way to modify the 
chassis components to comply with the regulatory requirements as the 
basic design of the locomotive's brake and spring rigging and driving 
boxes will not allow the driving tires and wheels to be significantly 
modified.
    In summary, GLR requests relief from the regulatory requirements of 
49 CFR Sections 230.112 and 230.113 to allow GLR Number 12 to be 
maintained to BLW standards for narrow-gage locomotives, as stated 
above.
    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-
2008-0107) 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 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).

    Issued in Washington, DC on April 15, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-9140 Filed 4-20-09; 8:45 am]

BILLING CODE 4910-06-P
