
[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]               
[Page 61561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-162]                         

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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.

Sierra Northern Railroad Company

[Waiver Petition Docket Number FRA-2010-0129]

    The Sierra Northern Railroad Company (SERA) 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 
according to Sec.  215.203. SERA owns one gondola and four box cars 
modified as ``open air concession car'' to be used on SERA's tourist 
and dinner train operations in Sacramento and the Stanislaus Valley 
Area. The freight equipment subject to this petition are more than 50 
years of age from their original date of construction, and is therefore 
restricted under Sec.  215.203(a). In the same petition, SERA also 
requested a Special Approval to continue in service of these equipment 
in according with Sec.  215.203(b).
    To support its petition to seek relief from the stenciling 
requirements, SERA states that the cars subject to this waiver are 
operated on a 19-mile portion of the Oakdale Division between Oakdale 
and Cooperstown, California, and on the Sacramento Division for 14 
miles between Woodland and Lovdal Siding near West Sacramento, 
California. SERA does not interchange the freight equipment subject to 
this petition with the general system of transpiration. These cars have 
remained on the respective divisions since acquired for tourist and 
dinner train service. The maximum speed of operation is 20 miles per 
hour, and the cars are typically operated no more than 40 miles in a 
day and approximately 75 days per year. SERA also stated that there has 
not been an equipment-related derailment of any SERA tourist or dinner 
train since 1995. These cars are painted to match passenger cars. 
Stenciling according to Sec.  215.303 would be disruptive to the 
appearance of the train and might invite unwarranted concerns by 
passengers.
    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-
2010-0129) 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 September 28, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-25001 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-P

