
[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Notices]               
[Page 55633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se10-106]                         


[[Page 55633]]

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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.

Beaver Lawrence Railway Historical Society

[Waiver Petition Docket Number FRA-2010-0121]

    The Beaver Lawrence Railway Historical Society (Society) 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, the Society seeks a waiver of compliance from certain 
provisions of 49 CFR part 223, Safety Glazing Standards, specifically 
49 CFR 223.13 (Requirements for existing cabooses), and all of 49 CFR 
part 224, Reflectorization of Rail Freight Rolling Stock.
    Specifically, the Society's petition concerns four caboose cars: 
former PRR 477974, built in 1942; former NKP 479, built in 1962; former 
PC 18216, built in 1968; and former KKRR 604, built in 1902, and 
rebuilt in 1986. Two of the Society's caboose cars in the present 
petition are more than 50 years old, measured from the date of original 
construction, and these caboose 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, the 
Society seeks a waiver of the requirement for stenciling found in Sec.  
215.303, as the Society states that the stenciling would detract from 
both the aesthetic and historical nature of the vintage rail car 
equipment. Secondly, the Society petitions for relief from the glazing 
requirements of Sec.  223.13 for caboose NKP 479 due to the financial 
hardship to the Society. Finally, the Society 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.
    The Society states that the regulations for which relief are 
requested are inherently in conflict with the Society's educational 
mission and not relevant to daylight only, non-interchange operation. 
The Society also states that the costs of compliance are 
disproportionate to the value of the equipment and detract from the 
historical accuracy of the cars.
    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-
2010-0121) 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 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on September 7, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-22726 Filed 9-10-10; 8:45 am]
BILLING CODE 4910-06-P

