
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]               
[Page 34204-34205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-123]                         

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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.

Santa Cruz, Big Trees & Pacific Railway Company

[Waiver Petition Docket Number FRA-2010-0001]

    The Santa Cruz, Big Trees & Pacific Railway Company (SCBG) seeks a 
waiver of compliance from certain provisions of 49 CFR part 215, 
Railroad Freight Car Safety Standards, specifically 49 CFR 215.303 
(Stenciling of restricted cars), which requires that restricted 
railroad freight cars shall be stenciled or marked in clearly legible 
letters with the letter ``R'' and a series of designated terms to 
completely indicate the basis for the restricted operation of the car. 
In addition, SCBG seeks a waiver of compliance from all of 49 CFR part 
224 (Reflectorization of Rail Freight Rolling Stock).
    The petition concerns 10 SCBG freight cars numbered: SCBG 401-402, 
501-504 and 701-704, which are railroad flat cars converted to 
passenger carriage cars for tourist and excursion railroad service by 
the addition of seating, side structures, and steps. Each of the SCBG 
freight cars in the present petition is more than 50 years old, 
measured from the date of original construction, and these freight cars 
are the subject of a parallel petition for special approval for 
continued operation under Sec.  215.203(c). Therefore, in the first 
portion of its petition, SCBG seeks a waiver of the requirement for 
stencilling found in Sec.  215.303, as the railroad states that the 
stencilling would detract from both the aesthetic and historical nature 
of the vintage rail car equipment. As SCBG passenger carriage cars are 
not interchanged, SCBG suggests that the record-keeping requirements of 
the stencilling may be preserved by maintaining a permanent file of the 
restrictive conditions at the local SCBG office. Additionally, SCBG 
petitions for relief from all of the requirements of 49 CFR part 224, 
as the railroad states that reflectorization would detract from both 
the aesthetic and historical nature of their vintage equipment.
    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-
2010-0001) 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

[[Page 34205]]

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 June 10, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-14475 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-06-P

