[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65764-65765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26693]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2012-0024]
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 February 24, 2012, the Everett Railroad Company (EV) 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 parts 215-Railroad Freight Car Safety
Standards; 223-Safety Glazing Standards--Locomotives, Passengers Cars
and Cabooses; and 224-Reflectorization of Rail Freight Rolling Stock.
FRA assigned the petition docket number FRA-2012-0024.
Specifically, EV seeks a waiver of compliance from the railroad
freight car safety standards contained at 49 CFR 215.303, which
requires stenciling on restricted freight cars with a clearly legible
letter ``R'' followed by the basis of the restriction. This request is
made for a caboose (Car Number EV 91517). EV also requested Special
Approval to continue in service the same cars in accordance with 49 CFR
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
215.203(a), unless EV receives a Special Approval from FRA.
Additionally, EV requests a waiver from Part 223 for the glazing
requirements and Part 224 for the reflectorization requirements.
EV states that the subject car is restricted by age. It is retained
primarily for use on excursion trains, historical and public relation
events, along with possible, but very infrequent, use as a crew caboose
or shoving platform.
In order to preserve its historic appearance, EV requests a waiver
from requirements for special stenciling and reflectorization. EV also
stated that the requirement of FRA-certified glazing would be costly
and difficult to install.
In support of its request, EV stated that its operation is over a
total of approximately 25 miles of track located entirely in Blair
County, PA. The trains operate under restricted speed rules not
exceeding 20 mph. The subject car is not, and will not be, interchanged
with any other railroad. EV's operating territory is generally rural in
nature, and the car has been inspected and found to be safe to operate.
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
[[Page 65765]]
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 December 14, 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 October 22, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-26693 Filed 10-29-12; 8:45 am]
BILLING CODE 4910-06-P