[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Page 33266]
From the Federal Register Online via the Government Publishing 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