Petition for Waiver of Compliance, 61656 [2012-24916]

Download as PDF 61656 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Notices Federal, State, or local enforcement official. Conclusion Based upon its evaluation of the 17 exemption applications, FMCSA exempts Victor E. Angelo, Jr. (PA), David M. Atkins (SC), Roger A. Black (IN), Dominick Bravata (IL), Barry J. Drews (MI), Donald T. Farris (MS), Mark A. Hadrava (MN), Mason L. Hall (SD), Chad E. Hasler (MT), Norman A. Latondresse (RI), Robert C. Lister (OH), Roy E. Macomber (WA), Timothy J. Peterson (NE), Jim R. Phillippi (NE), Daryl E. Rohn, Jr. (WA), Robert E. Smith (GA) and Steven A. Wilson (FL) from the ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the 1/exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: September 26, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–24925 Filed 10–9–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2012–0003] rmajette on DSK2TPTVN1PROD with NOTICES 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 December 23, 2011, the McCreary County Heritage Foundation, Inc. (MCHF), on behalf of the Big South Fork Scenic Railway (BSFSRY), 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 215.303. FRA assigned the petition Docket Number FRA–2012–0003. Specifically, MCHF/BSFSRY seeks a waiver of compliance from the railroad VerDate Mar<15>2010 15:15 Oct 09, 2012 Jkt 229001 freight car safety standards found at 49 CFR 215.303, which requires stenciling on restricted freight cars in clearly legible letters ‘‘R’’ followed by the basis of the restriction. This request is made for seven flatcars that were modified as ‘‘open air’’ and enclosed passenger cars (Car Numbers K&T 1001, 1002, 1003, 1004, 1005, 1006, and 1007) and one caboose (Car Number K&T Cab. 1). As information, MCHF/BSFSRY also requested a 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 MCHF/BSFSRY receives a Special Approval from FRA. MCHF/BSFSRY states that it is a 501(c)3 not-for-profit organization. This tourist railroad operates on a 7-mile portion of former Kentucky & Tennessee Railway right-of-way out of Stearns, KY. Operation of BSFSRY is entirely for historical, educational, and excursion purposes by employees of MCHF. BSFSRY is a non-insular tourist operation and does not interchange any of the equipment subject to this petition with the general system of railroads. MCHF was incorporated in Kentucky in 1987. Since 2000 MCHF has operated BSFSRY as a historical tourist railroad for the purpose of providing an opportunity or the public to view and experience a ride on the historic Kentucky & Tennessee Railway into the river gorge of the Big South Fork of the Cumberland River. The cars are operated at a maximum speed of 15 mph, typically 16–30 times a month from April through October, and average 80 miles per week. Special trains are operated 6–12 times a month in October, November, and December, and these cars travel an average of 50 miles per week. These cars carry no more than 15 tons of payload (passengers and modifications), which is less than 30 percent of their original design capacities of 40 to 60 tons. The caboose subject to this petition is used as a passenger car for small private parties. A BSFSRY attendant is always onboard the caboose. BSFSRY states that the cars subject to this petition do not interchange with any railroad and as such are in captive service. The stenciling requirement would affect the appearance of the renovated cars that have been preserved for historical, educational, and interpretive purposes. 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 PO 00000 Frm 00088 Fmt 4703 Sfmt 9990 (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 26, 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 https://www.dot.gov/privacy. html. Issued in Washington, DC, on October 2, 2012. Ron Hynes, Director, Office of Safety Assurance and Compliance. [FR Doc. 2012–24916 Filed 10–9–12; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Page 61656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24916]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0003]


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 December 23, 2011, the McCreary County Heritage Foundation, Inc. 
(MCHF), on behalf of the Big South Fork Scenic Railway (BSFSRY), 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 215.303. FRA assigned the petition 
Docket Number FRA-2012-0003.
    Specifically, MCHF/BSFSRY seeks a waiver of compliance from the 
railroad freight car safety standards found at 49 CFR 215.303, which 
requires stenciling on restricted freight cars in clearly legible 
letters ``R'' followed by the basis of the restriction. This request is 
made for seven flatcars that were modified as ``open air'' and enclosed 
passenger cars (Car Numbers K&T 1001, 1002, 1003, 1004, 1005, 1006, and 
1007) and one caboose (Car Number K&T Cab. 1).
    As information, MCHF/BSFSRY also requested a 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 MCHF/BSFSRY receives a Special Approval from FRA.
    MCHF/BSFSRY states that it is a 501(c)3 not-for-profit 
organization. This tourist railroad operates on a 7-mile portion of 
former Kentucky & Tennessee Railway right-of-way out of Stearns, KY. 
Operation of BSFSRY is entirely for historical, educational, and 
excursion purposes by employees of MCHF. BSFSRY is a non-insular 
tourist operation and does not interchange any of the equipment subject 
to this petition with the general system of railroads.
    MCHF was incorporated in Kentucky in 1987. Since 2000 MCHF has 
operated BSFSRY as a historical tourist railroad for the purpose of 
providing an opportunity or the public to view and experience a ride on 
the historic Kentucky & Tennessee Railway into the river gorge of the 
Big South Fork of the Cumberland River. The cars are operated at a 
maximum speed of 15 mph, typically 16-30 times a month from April 
through October, and average 80 miles per week. Special trains are 
operated 6-12 times a month in October, November, and December, and 
these cars travel an average of 50 miles per week. These cars carry no 
more than 15 tons of payload (passengers and modifications), which is 
less than 30 percent of their original design capacities of 40 to 60 
tons. The caboose subject to this petition is used as a passenger car 
for small private parties. A BSFSRY attendant is always onboard the 
caboose.
    BSFSRY states that the cars subject to this petition do not 
interchange with any railroad and as such are in captive service. The 
stenciling requirement would affect the appearance of the renovated 
cars that have been preserved for historical, educational, and 
interpretive purposes.
    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 26, 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 https://www.dot.gov/privacy.html.

    Issued in Washington, DC, on October 2, 2012.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-24916 Filed 10-9-12; 8:45 am]
BILLING CODE 4910-06-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.