[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22364-22365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08489]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2011-0069]
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 January 24, 2013, Steam Into History, Inc. (Steam) 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 223, Safety Glazing Standards--Locomotives,
Passenger Cars and Cabooses. FRA assigned the petition Docket Number
FRA-2011-0069.
Kloke Locomotive Works is constructing for Steam a newly built
(2013) replica of a steam locomotive that was originally built in the
1800s. York 17, the locomotive that is the subject of Steam's
waiver petition, is a replica of Union Pacific 119, which was
constructed in 1979 from the same blueprints and tooling that is being
used for the construction of York 17. Union Pacific
119 is owned and operated by the U.S. National Park Service at
the Golden Spike National Historic Site in Promontory Summit, UT. Steam
intends to operate York 17 with its replica Civil War-era
train on the former Northern Central Railway in York County, PA.
Steam asks that FRA determine that 49 CFR part 223 not apply to
York 17 because of the language in 49 CFR 223.3, Application,
which provides an exemption for ``locomotives * * * that are historical
or antiquated equipment and are used only for excursion, educational,
recreational purposes or private transportation purposes.'' Steam
states that York 17 is an accurate, historical design
locomotive and will be used primarily for educational purposes. It will
also be used for excursions, primarily in an historical, educational
context. Steam submits that, because of the historic nature and
primarily educational mission of York 17, 49 CFR part 223
should not apply to it.
In the event that FRA determines that York 17 does not
qualify for an exemption pursuant to 49 CFR 223.3, Steam requests
relief from 49 CFR 223.9, Requirements for new or rebuilt equipment,
due to its mitigating use of tempered automotive safety-type glazing in
the locomotive cab and the open nature of the wooden cab on the
locomotive. Additionally, Steam asserts that the historical appearance
of York 17 would be unrecognizable with the installation of 49
CFR part 223 glazing.
Steam submitted a similar waiver petition to FRA on July 28, 2011,
but FRA dismissed the petition without prejudice on February 3, 2012,
because the design of York 17 was not finalized and a sample
car (locomotive) inspection could not be performed.
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,
[[Page 22365]]
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 May 30, 2013 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).
Issued in Washington, DC, on April 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-08489 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-06-P