[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57549-57550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23302]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0036]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 2, 2019, the 
Georgetown Loop Railroad (GLR) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR 230.112 
(Wheels and tires) and Sec.  230.113 (Wheels and tire defects) for one 
steam locomotive used in tourist/excursion service. FRA assigned the 
petition Docket Number FRA-2019-0036.
    Specifically, GLR requests relief from Sec. Sec.  230.112 and 
230.113 to allow Locomotive Number GLR 12 to be maintained to Baldwin 
Locomotive Works (BLW) standards for narrow-gage locomotives. GLR 12 
was built in 1927, and is a 36-inch narrow gage locomotive. GLR 12 was 
used on a shortline in freight and passenger service until its 
retirement in the 1950s. It was subsequently sold to private 
individuals and moved to California to be used on various tourist/
excursion trains. In the 1980s, a new boiler was installed and 
extensive repairs were made to the running gear. It was used frequently 
throughout the 1990s at the Silver Wood Amusement Park until its sale 
to the Colorado Historical Society in 2005 and was in service on GLR 
from 2005-2007.
    By letter on April 7, 2008, FRA brought GLR under the agency's 
jurisdiction. During an inspection of the entire locomotive, it was 
determined that the inside gage (back-to-back spacing) exceeds the 
safety limits under 49 CFR 230.112(b). The actual width of the 
locomotive is 33\1/2\ inches. The allowable range is 32\1/2\ to 32\7/8\ 
inches wide. The locomotive was built to BLW's narrow-gage standards, 
which allow wider back-to-back dimensions and narrower flange widths 
for narrow gage engines. These alternate standard dimensions were 
primarily used in areas with prevalent sharp curves and poor track 
conditions. In addition to the wider back-to-back dimension used by 
Baldwin, a narrow flange width (new) that measures 1\1/2\ inches is 
used versus the 1\3/4\-inch flange, which is the standard Association 
of American Railroads narrow flange.
    GLR also seeks relief from Sec.  230.113(g) regarding the minimum 
thickness of the tire's flange. The requirement for condemning a flange 
for insufficient width is \15/16\ of an inch based upon a new thickness 
of 1\3/4\ inches. Because the new flange thickness on GLR 12's flanges 
was 1\1/2\ inches, GLR requests that the condemning limit for this 
locomotive be \13/16\ of an inch based upon the reduced initial width. 
GLR states that it has safely operated this locomotive for several 
years without any wheel problems prior to coming under FRA's 
jurisdiction. GLR believes that there is no practical way to modify the 
chassis components to comply with the regulatory requirements as the 
basic design of the locomotive's brake and spring rigging and driving 
boxes will

[[Page 57550]]

not allow the driving tires and wheels to be significantly modified.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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:
     Website: 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 25, 2019 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable. Anyone can 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.). Under 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its processes. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-23302 Filed 10-24-19; 8:45 am]
 BILLING CODE 4910-06-P


