
[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Page 61656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24916]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0003]


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 December 23, 2011, the McCreary County Heritage Foundation, Inc. 
(MCHF), on behalf of the Big South Fork Scenic Railway (BSFSRY), 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 215.303. FRA assigned the petition 
Docket Number FRA-2012-0003.
    Specifically, MCHF/BSFSRY seeks a waiver of compliance from the 
railroad freight car safety standards found at 49 CFR 215.303, which 
requires stenciling on restricted freight cars in clearly legible 
letters ``R'' followed by the basis of the restriction. This request is 
made for seven flatcars that were modified as ``open air'' and enclosed 
passenger cars (Car Numbers K&T 1001, 1002, 1003, 1004, 1005, 1006, and 
1007) and one caboose (Car Number K&T Cab. 1).
    As information, MCHF/BSFSRY also requested a Special Approval to 
continue in service the same cars in accordance with 49 CFR 215.203(c). 
The ages of these cars are more than 50 years from their original 
construction dates, and therefore, are restricted per 49 CFR 
215.203(a), unless MCHF/BSFSRY receives a Special Approval from FRA.
    MCHF/BSFSRY states that it is a 501(c)3 not-for-profit 
organization. This tourist railroad operates on a 7-mile portion of 
former Kentucky & Tennessee Railway right-of-way out of Stearns, KY. 
Operation of BSFSRY is entirely for historical, educational, and 
excursion purposes by employees of MCHF. BSFSRY is a non-insular 
tourist operation and does not interchange any of the equipment subject 
to this petition with the general system of railroads.
    MCHF was incorporated in Kentucky in 1987. Since 2000 MCHF has 
operated BSFSRY as a historical tourist railroad for the purpose of 
providing an opportunity or the public to view and experience a ride on 
the historic Kentucky & Tennessee Railway into the river gorge of the 
Big South Fork of the Cumberland River. The cars are operated at a 
maximum speed of 15 mph, typically 16-30 times a month from April 
through October, and average 80 miles per week. Special trains are 
operated 6-12 times a month in October, November, and December, and 
these cars travel an average of 50 miles per week. These cars carry no 
more than 15 tons of payload (passengers and modifications), which is 
less than 30 percent of their original design capacities of 40 to 60 
tons. The caboose subject to this petition is used as a passenger car 
for small private parties. A BSFSRY attendant is always onboard the 
caboose.
    BSFSRY states that the cars subject to this petition do not 
interchange with any railroad and as such are in captive service. The 
stenciling requirement would affect the appearance of the renovated 
cars that have been preserved for historical, educational, and 
interpretive purposes.
    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, 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 November 26, 2012 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 October 2, 2012.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-24916 Filed 10-9-12; 8:45 am]
BILLING CODE 4910-06-P


