[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Page 9297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3683]

[[Page 9297]]



Federal Railroad Administration

[Docket Number FRA-2012-0002]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated December 19, 2011, Durango & Silverton Narrow Gauge 
Railroad (DSNG) 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 230, Steam 
Locomotive Inspection and Maintenance Standards. FRA assigned the 
petition Docket Number FRA-2012-0002.
    DSNG is a tourist railroad that operates between Durango and 
Silverton, CO. The railroad maintains six narrow gauge (36-inch) steam 
locomotives; four 1925 Baldwin 2-8-2 locomotives and two 1923 Alco 2-8-
2 locomotives. All of these locomotives have received previous 1,472 
service-day inspections (SDI) in accordance with 49 CFR 230.17 and will 
soon receive their second 1,472 SDI due to an accumulation of service 
days rather than an expiration of the 15 years permitted by 49 CFR 
    Locomotive No. 480, a 1925 Baldwin 2-8-2, has accumulated 1,307 
days of service. This locomotive is currently removed from service due 
to a crack found on the knuckle of the rear flue sheet necessitating 
repair or replacement. Replacement was chosen due to the age of the 
existing flue sheet and the added safety of replacement versus 
repairing the crack in place. Replacement requires that all of the 
boiler flues will have to be removed to affect the repair. The flues 
will be removed 165 service days earlier than required for the 1,472 
SDI. While the flues are removed, DSNG will clean and inspect the 
boiler interior as required by 49 CFR 230.31 and 230.32(b)(2), and the 
applicable portions of 49 CFR 230.32(a).
    DSNG requests relief from 49 CFR 230.31(a) with respect to 
timeframe, and 49 CFR 230.32(b)(3) with respect to boiler exterior. 
DSNG desires to perform the interior portion of the 1,472 SDI; return 
the locomotive back into service for the remainder of the 2012 
operating season; and complete the exterior portion of the 1,472 SDI at 
or before the expiration of its present 1,472 service-day cycle. DSNG 
states that granting of relief will allow extensive monetary savings, 
as removing and replacing the flues twice within 12 months would be 
burdensome and costly with a negligible effect on safety. The request 
is for permission to perform the interior boiler inspection earlier 
than required. The use of service time for the next 1,472 SDI will 
start with the first firing of the boiler after returning to service, 
not at the completion of the exterior inspection.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://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 
     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 
     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 April 2, 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 February 13, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
[FR Doc. 2012-3683 Filed 2-15-12; 8:45 am]