Petition for Waiver of Compliance, 8237 [2014-02869]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Page 8237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02869]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0145]


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 20, 2013, Mr. Burt Mall, Partner of 1003 Operations LLP, 
and Mr. Zachary Hall, mechanical manager, Steam Locomotive Heritage 
Association (SLHA), have jointly 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; Part 223, Safety Glazing 
Standards--Locomotives, Passenger Cars and Cabooses; and Part 224, 
Reflectorization of Rail Freight Rolling Stock. FRA assigned the 
petition Docket Number FRA-2013-0145.
    Mr. Mall owns Soo Line Steam Locomotive 1003 and several 
historic cars (specifically, Box Car LLTX 10559, Caboose LLTX 2012, and 
Caboose LLTX 238). This petition is for these three cars. Mr. Mall 
leases the equipment to SLHA. SLHA, based in Hartford, WI, is a 
501(c)(3) non-profit organization created to reconstruct, maintain, and 
display steam locomotives and associated historic railroad equipment 
for educational purposes. SLHA controls the operation and maintenance 
of the leased equipment.
    The petitioners state that while Mr. Mall has owned these cars, 
their use has been restricted. The cars have not been interchanged in 
regular freight operations with other railroads. The primary use of the 
cars is transporting equipment and crews in support of Steam Locomotive 
1003. At no time are the cars used to transport passengers or 
freight in revenue service. SLHA also at times receives inquiries for 
the operation of historic demonstration trains using the cars and Steam 
Locomotive 1003. The purposes of these trains are for 
photography, historic documentation, film production, and community 
involvement.
    The petitioners further state that the operation of the equipment 
is primarily confined to Wisconsin and Southern Railroad (WSOR) 
trackage (although in the future, SLHA may operate on other railroads). 
The equipment is operated at a maximum speed of 49 mph on WSOR 
trackage. In addition, the equipment is moved under the direction of 
the mechanical manager or a qualified SLHA member during deadhead or 
light equipment moves. The maximum load that each car would be 
permitted to carry, if any, is provided in Exhibit A attached to the 
petition letter. Each car is inspected and maintained on a regular 
basis by qualified car inspectors and mechanics to ensure safe 
operations under the conditions of use.
    The petitioners request that the stenciling requirement in 49 CFR 
215.303, Stenciling of restricted cars, and the reflectorization 
requirements in 49 CFR part 224 be waived for Box Car LLTX 10559, 
Caboose LLTX 2012, and Caboose LLTX 238. In addition, the petitioners 
request that the glazing requirement of 49 CFR 223.13, Requirements for 
existing cabooses, be waived for the two cabooses, LLTX 2012 and LLTX 
268.
    As information, the petitioners have also requested a Special 
Approval to continue in service the above-mentioned three cars in 
accordance with 49 CFR 205.203(c).
    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 March 28, 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).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-02869 Filed 2-10-14; 8:45 am]
BILLING CODE 4910-06-P