
[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22364-22365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08489]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0069]


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 January 24, 2013, Steam Into History, Inc. (Steam) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR part 223, Safety Glazing Standards--Locomotives, 
Passenger Cars and Cabooses. FRA assigned the petition Docket Number 
FRA-2011-0069.
    Kloke Locomotive Works is constructing for Steam a newly built 
(2013) replica of a steam locomotive that was originally built in the 
1800s. York 17, the locomotive that is the subject of Steam's 
waiver petition, is a replica of Union Pacific 119, which was 
constructed in 1979 from the same blueprints and tooling that is being 
used for the construction of York 17. Union Pacific 
119 is owned and operated by the U.S. National Park Service at 
the Golden Spike National Historic Site in Promontory Summit, UT. Steam 
intends to operate York 17 with its replica Civil War-era 
train on the former Northern Central Railway in York County, PA.
    Steam asks that FRA determine that 49 CFR part 223 not apply to 
York 17 because of the language in 49 CFR 223.3, Application, 
which provides an exemption for ``locomotives * * * that are historical 
or antiquated equipment and are used only for excursion, educational, 
recreational purposes or private transportation purposes.'' Steam 
states that York 17 is an accurate, historical design 
locomotive and will be used primarily for educational purposes. It will 
also be used for excursions, primarily in an historical, educational 
context. Steam submits that, because of the historic nature and 
primarily educational mission of York 17, 49 CFR part 223 
should not apply to it.
    In the event that FRA determines that York 17 does not 
qualify for an exemption pursuant to 49 CFR 223.3, Steam requests 
relief from 49 CFR 223.9, Requirements for new or rebuilt equipment, 
due to its mitigating use of tempered automotive safety-type glazing in 
the locomotive cab and the open nature of the wooden cab on the 
locomotive. Additionally, Steam asserts that the historical appearance 
of York 17 would be unrecognizable with the installation of 49 
CFR part 223 glazing.
    Steam submitted a similar waiver petition to FRA on July 28, 2011, 
but FRA dismissed the petition without prejudice on February 3, 2012, 
because the design of York 17 was not finalized and a sample 
car (locomotive) inspection could not be performed.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140,

[[Page 22365]]

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. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by May 30, 2013 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on April 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-08489 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-06-P


