
[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54289-54290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22320]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0139]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated May 11, 2011, Fillmore & Western Railway Company (FWRY) has 
resubmitted a petition letter to the Federal Railroad Administration 
(FRA) requesting a waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR parts 215 and 
224.
    Previously, by a letter dated November 15, 2010, from FWRY to FRA, 
FWRY requested to withdraw its petition as announced in the Federal 
Register (Ref. Volume 75, No. 192, Tuesday, October 5, 2010, Pages 
61562 and 61563) in the same docket as the current one, i.e. Docket 
Number: FRA-2010-0139.
    Specifically, FWRY seeks a waiver of compliance from the Railroad 
Freight Car Safety Standards, 49 CFR 215.301, which requires stenciling 
or otherwise displaying the reporting marks and built date of freight 
cars; 49 CFR 215.303, which requires stenciling on restricted freight 
cars; and Reflectorization of Rail Freight Rolling Stock, 49 CFR 
224.101, which requires the application of reflective materials for 
freight rolling stock. FWRY requests this relief for five freight cars: 
Tank Car 8803, Flat Car 8017, Box Car 2326, 
Box Car 16600, and Flat Car 680.
    As information, FWRY also requests approval of continued inservice 
of the above-mentioned freight cars that are more than 50 years from 
their original construction dates.
    Specifically, FWRY seeks permission to move the stenciling location 
of the reporting marks and built date from each side of the freight 
carbody (49 CFR 215.301(a) and (b)) to both ends of the car. To justify 
this request, FWRY stated that although FWRY is considered a general 
system railroad, these cars are not interchanged in or with the general 
system. These cars are not freight revenue cars, and are only used for 
tourist passengers, films, movies, props, and still photos. FWRY 
requests this waiver due to the fact that the movie and television 
companies and still photographers want the cars to be authentic in 
their antiquated and historic look, or to have them renamed, numbered, 
and painted to their particular themed set, film, movie, or still 
photo. FWRY has been known to renumber and repaint cars and engines two 
or three times a month to accommodate filming or still photo requests. 
Re-establishing the reporting marks and built date to the sides after 
each instance that they are removed is very costly. With the small 
amount of equipment that FWRY has, all of the train crew and staff are 
very familiar with each piece of equipment. FWRY does not transport any 
type of hazardous loads or freight. FWRY runs its trains at very low 
speeds, generally 10-15 mph.
    To support its petition to seek relief from the stenciling (49 CFR 
215.303) and reflectorization (49 CFR 224.101) requirements, FWRY 
states that the cars subject to this waiver are only used for tourist 
passengers, films, movies, props, and still photos. 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 and still photographers want the cars to be 
authentic in their antiquated and historic look.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Ave., SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.
    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 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.

[[Page 54290]]

and 5 p.m., Monday through Friday, except Federal holidays.
    Communications received by October 17, 2011 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 comment (or signing the comment, 
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; Pages 
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 26, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-22320 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-06-P


