[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Notices]
[Pages 49998-49999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24478]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for a Waiver of Compliance

    In accordance with Title 49, Code of Federal Regulations (CFR), 
Sections 211.9 and 211.41, notice is hereby given that the Federal 
Railroad Administration (FRA) has received a request for a waiver of 
compliance with certain requirements of Federal railroad safety 
regulations. The individual petitions are described below, including 
the party seeking relief, the regulatory provisions involved, the 
nature of the relief being requested and the petitioner's arguments in 
favor of relief.

Michigan State Trust for Railway Preservation, Inc.

[Docket Number FRA-2001-10379]

    Michigan State Trust for Railway Preservation, Inc. (``MSTP'') and 
the Institute for Steam Railroading, in conjunction with the Tuscola 
and Saginaw Bay Railway (TSBY) seek a waiver of compliance from Title 
49, part 240 of the Code of Federal Regulations (49 CFR part 240)--
Qualification and Certification of Locomotive Engineers. Specifically, 
MSTP requests relief from that part of the regulation (49 CFR 
240.201(d)) which provides that only certified persons may operate 
locomotives and trains. MSTP plans to offer noncertified persons the 
opportunity to operate a locomotive when participating in its 
``engineer-for-an-hour'' program. The waiver would only apply to 
persons participating in the program.
    The MSTP is a nonprofit educational corporation. It owns and 
operates in 1941 Lima-built steam locomotive. The locomotive, ex-Pere 
Marquette No. 1225, has operated approximately 5200 miles since 1988 
over the general railroad system of transportation. The MSTP is located 
at the steam locomotive restoration facility (Institute for Steam 
Railroading) in Owosso, Michigan. The

[[Page 49999]]

MSTP gains access to TSBY trackage at this location. It does not own or 
control any trackage with the exception of two lead tracks extending 
from siding tracks, each approximately 130 feet in length. These tracks 
are leased from the TSBY. The MSTP plans to conduct this program in 
either of two locations. The first is the San Yard, between Mile Post 
(MP) 105.2, on the TSBY track at the point where it meets the Central 
Michigan Railroad west of Legion Road, to MP 106.1, south of the 
highway/railroad grade crossing at Gould and Corunna Road. The second 
location is at the Henderson, Michigan Grain Elevator, on the St. 
Charles Branch of the TSBY between MP 70.2 and MP 69.2, north of the 
highway/railroad grade crossing at Riley Road. The proposed dates of 
operation will be three consecutive weekends between the months of June 
and September.
    MSTP's argument for granting this waiver is twofold. First, ``to 
accomplish a part of our mission statement, i.e., to operate the 
locomotive in an effort to educate the public as to what steam power 
looked, sounded, smelled, and felt like by providing a hands-on 
approach.'' Second, ``to generate needed interest and revenue so that 
we may continue to educate the public about steam locomotive 
technology, in an effort that the next generation will keep the 
knowledge, and the 1225, alive into the future.''
    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 (e.g., Waiver Petition Docket No. FRA-2001-
10379) and must be submitted to the Docket Clerk, DOT Central Docket 
Management Facility, Room PL-401, Nassif Building, 400 Seventh Street, 
SW., Washington, DC 20590. Communications received within 45 days of 
the date of this notice will be considered by FRA before final action 
is taken. Comments received after that date will be considered as far 
as practicable. All written communications concerning these proceedings 
are available for examination during regular business hours at the 
above facility. All written communications are also accessible on the 
Internet at 
http://dms.dot.gov.

    Issued in Washington, D.C. on September 21, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-24478 Filed 9-28-01; 8:45 am]
BILLING CODE 4910-06-M