
[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]               
[Page 61562-61563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-164]                         

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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.

[[Page 61563]]

Fillmore & Western Railroad Co.

[Waiver Petition Docket Number FRA-2010-0139]

    The Fillmore & Western Railroad Company (FWRY) 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; as well as 49 CFR 224.3, which requires Reflectorization for 
freight cars. FWRY owns sixteen rail cars that are older than 50 years 
from their date of original construction, and are restricted by the 
provision of 49 CFR 215.203(a). FWRY 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 and 
reflectorization requirements, FWRY states that the cars subject to 
this waiver are only used for tourist passengers, films, movies, props, 
still photos and the like. Although FWRY is considered a general system 
railroad, these subject cars are not interchanged in or with the 
general system, and are not freight revenue cars. FWRY asks for this 
waiver due to the fact that the movie and television companies, still 
photographers and the like want the cars to be authentic in their 
antiquated and historic look.
    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-
2010-0139) 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.
[FR Doc. 2010-25002 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-P

