Petition for Waiver of Compliance, 58860-58861 [2014-23202]

Download as PDF 58860 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments tkelley on DSK3SPTVN1PROD with NOTICES Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and insert the docket number FMCSA–2014–0296 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. 18:09 Sep 29, 2014 [FR Doc. 2014–23238 Filed 9–29–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and put the docket number FMCSA–2014–0296 in the ‘‘Keyword’’ box, and click ‘‘Search. When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. . If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. VerDate Sep<11>2014 Issued on: September 18, 2014. Larry W. Minor, Associate Administrator for Policy. Jkt 232001 Federal Railroad Administration [Docket Number FRA–2014–0082] 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, August 11, 2014, Mr. Brian Wise, General Manager of the Mount Rainier Scenic Railroad (MRSR), 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 215, Railroad Freight Car Safety Standards. FRA assigned the petition Docket Number FRA–2014–0082. Specifically, MRSR requests a waiver from the stenciling requirements of 49 CFR 215.303, Stenciling of restricted cars, and the reflectorization requirements of 49 CFR 224.3, Applicability, for three skeleton log cars (Car Numbers CW 238, CW 187, and CW 208), and two flatcars with log bunks (Car Numbers CW 251 and MRSR 449). MRSR states that it is a tourist railroad operation that operates between Elbe, and Mineral, WA. The subject equipment is operated by MRSR on a portion of the Tacoma Rail-leased track from Milepost (MP) 45.3M in Elbe to MP 51.9M in Mineral. This track is FRA Class 1. MRSR is operated by paid employees and volunteer members of the Western Forest Industries Museum (WFIM)—a non-profit organization under the laws of the State of Washington—and is entirely for historical and educational purposes. WFIM was incorporated in the State of Washington in 1965, and has operated as a historic tourist railroad since 1981. MRSR does not interchange the equipment subject to this petition with the general system of railroad, although it does have a connection to facilitate the movement of rail equipment onto MRSR trackage for preservation purposes. MRSR seeks relief for operation of this freight equipment for use in tourist railroad operations and for ‘‘photo freights,’’ which are freight trains of historical equipment operated for the purposes of providing an opportunity for the public to view freight trains of a bygone era. MRSR also operates PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 passenger cars in conjunction with its tourist operations. Photo freight trains provide an additional source of income for MRSR to enable MRSR to maintain and preserve the museum collection. As an operating railroad museum, MRSR maintains freight equipment restored with original markings and reporting marks in an effort to interpret the history of West Coast logging railroads in the early 20th Century. Freight cars are maintained and operated exclusively on the MRSR for interpretation and occasional photo freight events. These cars are typically operated while empty in photo freight service. Photo freight events are only held periodically on MRSR with the cars typically operating in this service no more than two to four times per year. The cars listed in this petition may also double as maintenance-of-way cars (e.g., flatcar, when not in photo freight service). MRSR has a good compliance history. The museum continues to endeavor to maintain all equipment, operation and track to FRA compliance standards. Throughout the operation of MRSR, FRA has not found it necessary to issue any violations for failure to comply with FRA mechanical safety regulations. MRSR has not experienced any derailments or accidents with the equipment referenced in this petition since the railroad began operations in 1981. MRSR also states that the subject cars are operated at a maximum speed of 10 mph and typically travel no more than 30 miles per day. MRSR believes granting of the waiver sought in the petition will benefit MRSR by allowing continued use of historic freight equipment for tourist, interpretive, and educational purposes. MRSR generates revenue from its operations which help fund the ongoing preservation activities of the museum. In addition, the local economy also benefited as a result of MRSR tourist trains and museum activities. MRSR indicates that all equipment operated on MRSR is maintained by the museum using knowledgeable employees, museum members, and outside contractors as needed to perform freight car safety inspections. MRSR will conduct a detailed inspection of each restricted freight car once every 10 years, which will include raising each car off its trucks for inspection of the car’s center plate and truck center bowl. Each car will be serviced and repaired prior to being returned to service. Records of such inspection will be maintained by MRSR. Regarding the stenciling waiver, MRSR stated that it does not interchange these restricted freight cars with any railroad and as such, the cars E:\FR\FM\30SEN1.SGM 30SEN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices are in captive service. In addition, the stenciling requirements would destroy the historical appearance of the freight cars that have been preserved for historical, education, and interpretive purposes. Regarding reflectorization relief, MRSR states that these requirements would destroy the historical appearance of the freight cars which have been preserved for historical, educational, and interpretive purposes. Application of the reflectorized tape or decals on wood-bodied equipment is difficult. Further, there is no practical safety purpose served by applying reflectorization because of the captive service and the extreme care under which MRSR operates such equipment, as well as the fact that the equipment is rarely operated in times other than daylight hours. During the Christmas season, the last train on each operating day operates during hours of darkness on the return trip. On those occasions, crossings not equipped with automatic crossing protection will be protected by flagmen equipped with lights and fuses to warn approaching motorists and to illuminate the cars. Current MRSR management is not aware of any train or vehicle accidents at grade crossings involving MRSR trains. 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: https:// 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. VerDate Sep<11>2014 18:09 Sep 29, 2014 Jkt 232001 • 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 November 14, 2014 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 https:// 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 September 23, 2014. Ron Hynes, Director, Office of Safety Compliance and Assurance. [FR Doc. 2014–23202 Filed 9–29–14; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Environmental Impact Statement for West Lake Corridor Project in Lake County, Indiana and Cook County, Illinois Federal Transit Administration, U.S. Department of Transportation. ACTION: Notice of Intent to Prepare an Environmental Impact Statement. AGENCY: The Federal Transit Administration (FTA), as the Federal Lead Agency, and the Northern Indiana Commuter Transportation District (NICTD), as the Local Project Sponsor, intend to prepare an Environmental Impact Statement (EIS) for the West Lake Corridor Project (Project) in Lake County, Indiana and Cook County, Illinois. The Project is an approximately 9-mile proposed southern branch extension of NICTD’s existing South Shore Line (SSL) between Dyer and Hammond, Indiana. Additionally, the Project would operate on about 15 miles of existing SSL and Metra Electric District’s (MED) line to the Millennium Station in downtown Chicago. Alternatives to be considered include a No Build, Commuter Rail, and several design options for the latter in terms of route alignment, station locations, SUMMARY: PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 58861 maintenance facility sites, and vehicle mode. More information can be found on the Project’s Web site at: https:// www.nictdwestlake.com. The EIS will be prepared in accordance with regulations implementing the National Environmental Policy Act (NEPA), as well as provisions of Moving Ahead for Progress in the 21st Century Act (MAP– 21). The purpose of this notice is to alert interested parties regarding FTA’s plan to prepare the EIS; provide information on the nature of the proposed Project; solicit public and agency input regarding the scope of the EIS including the project’s purpose and need, alternatives to be considered, and the impacts to be evaluated; and announce that public and agency scoping meetings will be conducted. This input will be used to assist decision makers in determining a locally preferred alternative (LPA) and preparing a Draft Environmental Impact Statement (DEIS). If the No Build alternative is eliminated, an LPA will be selected and the project sponsors will request permission from FTA to enter into Project Development per requirements of 49 U.S.C. 5309. The Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) would be issued after the project has entered Project Development. FTA intends to issue a single FEIS and ROD document pursuant to MAP–21 Section 1319 requirements, unless FTA determines statutory criteria or practicability considerations preclude issuance of the combined document pursuant to Section 1319. Dates, Times and Locations: A public scoping meeting to present information and accept comments on the study will be held on Tuesday, October 28, 2014 from 6:30 p.m. to 8:30 p.m. in The Center for Visual and Performing Arts, 1040 Ridge Road, Munster, IN 46321. Comparably, an interagency scoping meeting for federal, state, regional and local resource and regulatory agencies will be held on Tuesday, October 28, 2014 from 2:00 p.m. to 4:00 p.m. in The Center for Visual and Performing Arts, 1040 Ridge Road, Munster, IN 46321. Appropriate agencies that may have an interest in this project, or have a potential interest in becoming a participating agency, will be notified of the meeting through separate direct correspondence. The building used for the meetings is accessible to persons with disabilities. Any person who requires special assistance, such as a language interpreter, should contact the NICTD West Lake Corridor Project at 219–250– 2920 at least 48 hours before the meeting. E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58860-58861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23202]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0082]


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, August 11, 2014, Mr. Brian Wise, General Manager of the Mount 
Rainier Scenic Railroad (MRSR), 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 
215, Railroad Freight Car Safety Standards. FRA assigned the petition 
Docket Number FRA-2014-0082.
    Specifically, MRSR requests a waiver from the stenciling 
requirements of 49 CFR 215.303, Stenciling of restricted cars, and the 
reflectorization requirements of 49 CFR 224.3, Applicability, for three 
skeleton log cars (Car Numbers CW 238, CW 187, and CW 208), and two 
flatcars with log bunks (Car Numbers CW 251 and MRSR 449).
    MRSR states that it is a tourist railroad operation that operates 
between Elbe, and Mineral, WA. The subject equipment is operated by 
MRSR on a portion of the Tacoma Rail-leased track from Milepost (MP) 
45.3M in Elbe to MP 51.9M in Mineral. This track is FRA Class 1. MRSR 
is operated by paid employees and volunteer members of the Western 
Forest Industries Museum (WFIM)--a non-profit organization under the 
laws of the State of Washington--and is entirely for historical and 
educational purposes. WFIM was incorporated in the State of Washington 
in 1965, and has operated as a historic tourist railroad since 1981.
    MRSR does not interchange the equipment subject to this petition 
with the general system of railroad, although it does have a connection 
to facilitate the movement of rail equipment onto MRSR trackage for 
preservation purposes.
    MRSR seeks relief for operation of this freight equipment for use 
in tourist railroad operations and for ``photo freights,'' which are 
freight trains of historical equipment operated for the purposes of 
providing an opportunity for the public to view freight trains of a 
bygone era. MRSR also operates passenger cars in conjunction with its 
tourist operations. Photo freight trains provide an additional source 
of income for MRSR to enable MRSR to maintain and preserve the museum 
collection. As an operating railroad museum, MRSR maintains freight 
equipment restored with original markings and reporting marks in an 
effort to interpret the history of West Coast logging railroads in the 
early 20th Century. Freight cars are maintained and operated 
exclusively on the MRSR for interpretation and occasional photo freight 
events. These cars are typically operated while empty in photo freight 
service. Photo freight events are only held periodically on MRSR with 
the cars typically operating in this service no more than two to four 
times per year. The cars listed in this petition may also double as 
maintenance-of-way cars (e.g., flatcar, when not in photo freight 
service).
    MRSR has a good compliance history. The museum continues to 
endeavor to maintain all equipment, operation and track to FRA 
compliance standards. Throughout the operation of MRSR, FRA has not 
found it necessary to issue any violations for failure to comply with 
FRA mechanical safety regulations. MRSR has not experienced any 
derailments or accidents with the equipment referenced in this petition 
since the railroad began operations in 1981. MRSR also states that the 
subject cars are operated at a maximum speed of 10 mph and typically 
travel no more than 30 miles per day.
    MRSR believes granting of the waiver sought in the petition will 
benefit MRSR by allowing continued use of historic freight equipment 
for tourist, interpretive, and educational purposes. MRSR generates 
revenue from its operations which help fund the ongoing preservation 
activities of the museum. In addition, the local economy also benefited 
as a result of MRSR tourist trains and museum activities.
    MRSR indicates that all equipment operated on MRSR is maintained by 
the museum using knowledgeable employees, museum members, and outside 
contractors as needed to perform freight car safety inspections. MRSR 
will conduct a detailed inspection of each restricted freight car once 
every 10 years, which will include raising each car off its trucks for 
inspection of the car's center plate and truck center bowl. Each car 
will be serviced and repaired prior to being returned to service. 
Records of such inspection will be maintained by MRSR.
    Regarding the stenciling waiver, MRSR stated that it does not 
interchange these restricted freight cars with any railroad and as 
such, the cars

[[Page 58861]]

are in captive service. In addition, the stenciling requirements would 
destroy the historical appearance of the freight cars that have been 
preserved for historical, education, and interpretive purposes.
    Regarding reflectorization relief, MRSR states that these 
requirements would destroy the historical appearance of the freight 
cars which have been preserved for historical, educational, and 
interpretive purposes. Application of the reflectorized tape or decals 
on wood-bodied equipment is difficult. Further, there is no practical 
safety purpose served by applying reflectorization because of the 
captive service and the extreme care under which MRSR operates such 
equipment, as well as the fact that the equipment is rarely operated in 
times other than daylight hours. During the Christmas season, the last 
train on each operating day operates during hours of darkness on the 
return trip. On those occasions, crossings not equipped with automatic 
crossing protection will be protected by flagmen equipped with lights 
and fuses to warn approaching motorists and to illuminate the cars. 
Current MRSR management is not aware of any train or vehicle accidents 
at grade crossings involving MRSR trains.
    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: https://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 November 14, 2014 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 https://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 September 23, 2014.
Ron Hynes,
Director, Office of Safety Compliance and Assurance.
[FR Doc. 2014-23202 Filed 9-29-14; 8:45 am]
BILLING CODE 4910-06-P

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