[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Pages 12051-12052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04141]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0018]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on January 30, 2020, Nevada 
Northern Railway (NN) 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 230, Steam 
Locomotive Inspection and Maintenance Standards. FRA assigned the 
petition Docket Number FRA-2020-0018.
    Specifically, NN requests relief from 49 CFR 230.17, One thousand 
four hundred seventy-two (1,472) service day inspection, which requires 
that locomotives be inspected after 1,472 service days or 15 years, 
whichever occurs first. NN states that Locomotive 40 will be due for 
its 1,472 service day inspection (SDI) on May 20, 2020, although it has 
only accrued 795 service days since its last 1,472 SDI. The railroad 
would like to operate the locomotive through October 20, 2020, which 
would consist of less than 60 service days. During this period, NN 
states that it will perform all regularly required maintenance and 
inspection as otherwise required.
    NN is a historical railroad that offers passenger train rides. It 
is supported by the Nevada Northern Railway Foundation. NN is concerned 
that if Locomotive 40 must be taken out of service, NN will be left 
with only one operating steam locomotive for its 2020 season. If that 
steam engine also cannot run, it will be impossible for NN to operate 
its schedule of steam-powered excursion trips, which would cause an 
excessive financial strain on the organization, as locomotive rides are

[[Page 12052]]

essential to revenue and ridership. Approval of this waiver request 
would allow NN to finish restoration of another steam locomotive that 
could take Locomotive 40's place in late 2020, when Locomotive 40 would 
receive its 1,472 SDI.
    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 Ave. 
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 Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. 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 13, 2020 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. 2020-04141 Filed 2-27-20; 8:45 am]
BILLING CODE 4910-06-P


