
[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]               
[Page 61560-61561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-161]                         

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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.

Hoosier Valley Railroad Museum, Inc.

[Waiver Petition Docket Number FRA-2010-0138)]

    The Hoosier Valley Railroad Museum, Inc. (HVRM) 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. HVRM owns four cabooses (Car Numbers: B&LE 1989, EL C345, GTW 
75072, and EJ&E 184) and a flat car (Car Number: NKP 1946) that are 
older than 50 years from their date of original construction, and are 
restricted by the provision of 49 CFR 215.203(a). HVRM is concurrently 
seeking special approval to continue to use these cars under proceeding 
according to 49 CFR 215.203(b).
    To support its petition to seek relief from the stenciling 
requirement, HVRM states that it is an Indiana Corporation and a 
501(c)(3) non-profit organization whose mission is to preserve railroad 
history in northwest Indiana. HRVM exercises complete control in the 
maintenance of these freight cars. Each car subject to this petition is 
lettered and painted according to its historic appearance at the time 
of its construction. Stenciling these cars in order to meet the letter 
of Sec.  215.303 would violate the historic impression that these cars 
are maintained to preserve.
    The cars subject to this waiver are limited in their service by 
speed, lading and territory. Specifically, their operation will be 
confined to the Chesapeake & Indiana Railroad over tracks owned by the 
Town of North Judson, Indiana, at limited track speed, with light 
tonnage (if any), in accordance with CFR Part 215. These cars will 
never be subject to regular railroad interchange operations at the 
hands of a strange crew unfamiliar with their characteristics.
    HVRM further stated that its restricted cars will always be 
operated in context that ensures that each car and its sensibilities 
are readily accessible and known both to HVRM as operator, and to FRA 
as railroad safety regulation enforcer. HVRM believes that the greatest 
inconvenience to the FRA's inspectors would be the identification of 
obvious defects as to type and obsolete parts on the cars without the 
benefit of supporting paperwork in hand. This inconvenience could be 
easily remedied by HVRM making available to the FRA's

[[Page 61561]]

inspectors at HVRM's business office all of Sec.  215.203 paperwork 
concerning each car subject to this petition.
    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-
2010-0138) 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. 2010-24999 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-P

