
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]               
[Page 34205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-124]                         

-----------------------------------------------------------------------

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.

Copper Basin Railway, Inc.

[Waiver Petition Docket Number FRA-2010-0025]

    The Copper Basin Railway, Inc. (CBR) 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. CBR owns 
46 open top hopper cars that were built in 1958, and are restricted by 
the provision of 49 CFR 215.203(a). CBR is seeking special approval to 
continue to use these cars under proceeding according to 49 CFR 
215.203(b).
    This request is for 46 open top hopper cars. The car numbers and 
the pertinent information in support of the petition are contained in 
the docket. CBR claims that these cars are captive ore cars used to 
haul ore from the mine at Ray Mine yard, in Ray, Arizona, to the Hayden 
smelter yard in Hayden, Arizona, in a local unit train with like kind 
ore cars never used with HAZMAT or other cars. These cars will not 
interchange with other railroads.
    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-
2010-0025) 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 June 10, 2005.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-14473 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-06-P

