
[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Page 33266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13501]



[[Page 33266]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0027]


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 March 2, 2012, the Heber Valley Railroad (HVRR) 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. FRA assigned the petition Docket Number FRA-2012-
0027.
    Specifically, HVRR seeks a waiver of compliance for 15 freight 
cars, from 49 CFR 215.303, which requires stenciling on restricted 
freight cars; and 49 CFR part 224, Reflectorization of Rail Freight 
Rolling Stock. HVRR also requested a Special Approval to continue in 
service of the same cars in accordance with 49 CFR Section 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 Section 
215.203(a); unless HVRR receives a Special Approval from FRA.
    HVRR stated that it is a nonprofit independent agency of the State 
of Utah doing business as the Heber Valley Railroad. This railroad was 
a former Denver and Rio Grande Western branch line. The trains operate 
on 16 miles of Class I and Class II track between Heber City and Vivian 
Park, UT, at no more than 25 mph. This line is a noninsular tourist 
railroad that is not connected to the general system. HVRR exercises 
complete control of the operation and maintenance of the freight cars, 
which are the subject of this waiver petition.
    HVRR attached to the petition letter an Exhibit A, which lists the 
subject cars' types, reporting marks, construction, designs, type 
components, and other items causing the restriction of some of the 
cars.
    HVRR stated that the main reason for the maintenance and operation 
of these historic cars is their status and attraction as operating 
historic artifacts. There would be few other uses worth the expense and 
effort that HVRR has put into the maintenance and upkeep of these cars. 
Each car is lettered and painted according to its appearance on its 
road of origin approximately 60 years ago, or in a scheme representing 
one of the railroads that would have originally purchased that type of 
car. HVRR further stated that stenciling the cars and adding 
reflectorization in order to meet the requirements of 49 CFR Section 
215.303 and Part 224 would violate the historic impression that the car 
is maintained to preserve.
    The HVRR petition letter also mentioned that these freight cars 
have been inspected by HVRR shop personnel and have been deemed safe 
for service. These restricted cars are limited in their service by 
speed, lading, and territory. HVRR's track is not connected to the 
general system. The subject cars will be operated at speeds not 
exceeding 25 mph, with light tonnage loading, if any. These cars will 
never be subject to regular railroad interchange operations.
    HVRR believes that the restricted cars will always be operated in a 
context that ensures that each car and its sensibilities are readily 
accessible and known both to HVRR, as operator; and to FRA, as enforcer 
of 49 CFR part 215. In making this request, HVRR understands that a 
permanent roster of restricted cars shall be maintained for the benefit 
of the railroad and FRA at all times.
    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 July 20, 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 May 30, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-13501 Filed 6-4-12; 8:45 am]
BILLING CODE 4910-06-P


