
[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Page 9312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03472]



[[Page 9312]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0123]


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 November 19, 2013, Mr. Benny McCune of Cass Scenic Railroad State 
Park (CASS) of the West Virginia Division of Natural Resources 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 215, Railroad Freight Car Safety 
Standards. FRA assigned the petition Docket Number FRA-2013-0123.
    Specifically, CASS seeks an exemption from the requirements for 
stenciling of restricted cars for three cabooses, identified as Car 
Numbers 50, 51, and 311. The three cabooses are more than 50 years of 
age and, therefore, are restricted in accordance with 49 CFR 
215.203(a). Specifically, 215.303, Stenciling of restricted cars, 
requires that cars restricted by 215.203(a) shall be stenciled in a 
certain way.
    In support of its petition, CASS states that due to the historical 
importance of these cabooses and the fact that CASS is based on the 
historical facts surrounding the log camps of the early 1900s, CASS 
would like to keep the cabooses as historically accurate as possible.
    CASS is a steam-powered tourist railroad operating on a main track 
of approximately 11 miles. There are additional sidings and a track 
connecting CASS with another State-owned and operated railroad, the 
West Virginia Central Railroad. The total track mileage is 
approximately 18 miles. CASS has been operating since June 1963.
    CASS states that it operates from Memorial Day weekend through the 
end of October. CASS does not interchange passenger cars or passengers. 
One trip is a 1.5-hour round trip covering a total of 8 track miles. 
The other trip is a 4.5-hour round trip covering a total of 22 track 
miles. The trains travel at a speed of 6 to 8 mph.
    CASS also states that these three cabooses are primarily used for 
overnight rentals and will be used for special charter trains for 
photographic purposes from one to five times per year. Apart from these 
photographic trips, the cabooses will only be moved for maintenance 
reasons, and at no time will they exceed a speed of 10 mph or carry any 
passengers.
    CASS further states that these cabooses are well maintained and in 
good condition. The slow speed, short-trip length, and the fact that 
CASS will not be carrying any passengers on these cabooses make the 
cabooses safe to be operated in the limited capacity on CASS track.
    In addition, CASS also requests a Special Approval to continue 
these cars in service in accordance with 49 CFR 205.203(c).
    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 April 4, 2014 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).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-03472 Filed 2-14-14; 8:45 am]
BILLING CODE 4910-06-P


