
[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65764-65765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26693]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0024]


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 February 24, 2012, the Everett Railroad Company (EV) 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 parts 215-Railroad Freight Car Safety 
Standards; 223-Safety Glazing Standards--Locomotives, Passengers Cars 
and Cabooses; and 224-Reflectorization of Rail Freight Rolling Stock. 
FRA assigned the petition docket number FRA-2012-0024.
    Specifically, EV seeks a waiver of compliance from the railroad 
freight car safety standards contained at 49 CFR 215.303, which 
requires stenciling on restricted freight cars with a clearly legible 
letter ``R'' followed by the basis of the restriction. This request is 
made for a caboose (Car Number EV 91517). EV also requested 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 EV receives a Special Approval from FRA. 
Additionally, EV requests a waiver from Part 223 for the glazing 
requirements and Part 224 for the reflectorization requirements.
    EV states that the subject car is restricted by age. It is retained 
primarily for use on excursion trains, historical and public relation 
events, along with possible, but very infrequent, use as a crew caboose 
or shoving platform.
    In order to preserve its historic appearance, EV requests a waiver 
from requirements for special stenciling and reflectorization. EV also 
stated that the requirement of FRA-certified glazing would be costly 
and difficult to install.
    In support of its request, EV stated that its operation is over a 
total of approximately 25 miles of track located entirely in Blair 
County, PA. The trains operate under restricted speed rules not 
exceeding 20 mph. The subject car is not, and will not be, interchanged 
with any other railroad. EV's operating territory is generally rural in 
nature, and the car has been inspected and found to be safe to operate.
    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

[[Page 65765]]

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 December 14, 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 22, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-26693 Filed 10-29-12; 8:45 am]
BILLING CODE 4910-06-P


