
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices]               
[Page 55285-55286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc09-124]                         

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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.

Michigan State Trust for Railway Preservation, Inc.

[Docket Number FRA-2009-0084]

    The Michigan State Trust For Railway Preservation, Inc. 
(Petitioner) seeks a waiver of compliance from certain provisions of 
Railroad Freight Car Safety Standards, 49 CFR 215.303, that requires 
restricted railroad freight car be stencilled in a specified way.
    The Petitioner is a Michigan Corporation and 501(c)(3) public 
charity whose mission is to preserve the nation's steam locomotive 
heritage. The Petitioner operates the Steam Railroading Institute, with 
the address of P.O. Box 665, Owosso, Michigan 48867-0665.
    The Petitioner owns ten freight cars of various built dates ranging 
from December 1923, to January 1957. In a separate request, the 
Petitioner is seeking special approval of continued use of these cars 
in accordance with 49 CFR 215.203(c). In this petition, the petitioner 
stated that the main reason for the petitioner's maintenance and 
operation of these historic cars is their status and the attraction as 
operating historic artifacts. Stencilling the cars in order to meet the 
letter of Section 215.303 would violate the historic impression that 
the car is maintained to preserve. The Petitioner further stated that 
the operation will be confined to the Great Lakes Central Railroad in 
Michigan, at speeds not exceeding 40 miles per hour with light tonnage, 
in accordance with Part 215. These cars will never be subject to 
interchange.
    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-
2009-0084) 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

[[Page 55286]]

19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on October 21, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-25819 Filed 10-26-09; 8:45 am]

BILLING CODE 4910-06-P
