
[Federal Register: May 12, 2010 (Volume 75, Number 91)]
[Notices]               
[Page 26841-26842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my10-137]                         

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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.

Steam Railroading Institute

[Docket Number FRA-2009-0060]

    The Michigan State Trust for Railway Preservation, Inc. (MSTRP), d/
b/a Steam Railroading Institute (SRI) petitioned FRA for relief from 
the requirements of 49 CFR 223.15 Existing passenger cars and Sec.  
223.13 Existing cabooses for 5 passenger cars and 2 cabooses. 
Specifically, passenger cars MSTX 5576, 5581, 5646, and 762 were built 
by the Canadian Car and Foundry Company in 1954. Car number 2624 was 
built by the Pullman Car Company in 1950. Cabooses AA 2838 and AA 2839 
were built in 1952. Since FRA's long-standing definition of 
``antiquated'' is being built prior to the end of World War II, even 
though this equipment is used in tourist/excursion/educational service, 
relief from the Federal safety glazing requirements is required.
    A caboose listed in the petition, number PM A909, was built in 
1937, thus considered by FRA to be antiquated, but over 50 years of age 
from original construction. A Special Approval for continued use of 
this over-age caboose will be considered under a separate proceeding.
    MSTRP primarily operates this equipment in steam and diesel 
locomotive powered excursion service on the entire trackage of the 
Great Lakes Central (GLC) and shared trackage utilized by GLC, the Ann 
Arbor Railroad and Canadian National Railroad. MSTRP has previously and 
in the future intends to operate (or lease to operators) this equipment 
in excursion service on the trackage of the Rail America subsidiaries 
Huron and Eastern Railway, Mid-Michigan Railroad, and Saginaw Valley 
Railway. In addition, occasional operations have previously taken place 
on the Lake State Railway and Saginaw Bay Southern.
    The above referenced passenger cars and cabooses have occasionally 
been leased for excursion service purposes to

[[Page 26842]]

similar organizations in the Midwest region of the United States, and 
are proposed for lease in the future. In all instances, the excursions 
operate through rural and wooded areas. The coaches are used at speeds 
up to and including 45 mph, and the cabooses 30 mph. There have been no 
reported incidents of stoning or acts of vandalism against the 
excursion trains since the start of operations, and the cars are stored 
inside a protected facility when not in use.
    MSTRP is a non-profit educational organization incorporated under 
Section 501(c)(3) of the Internal Revenue Code. The main source of 
income for the organization is the operation of steam and diesel 
locomotive powered excursion trains. The above referenced equipment is 
heavily relied upon to fund the continued operations. MSTRP believes 
that bringing the passenger and caboose cars' glazing into compliance 
would impose a severe financial hardship considering the intermittent 
usage of the equipment in excursion service. Further, MSTRP believes 
that they could not generate enough revenue to justify this expense.
    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-
2009-0060) 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 May 6, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-11212 Filed 5-11-10; 8:45 am]
BILLING CODE 4910-06-P

