[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Notices]
[Pages 54776-54777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23772]


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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), 
Sec. Sec.  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 petition is 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.

[[Page 54777]]

Michigan State Trust Railway Preservation, Inc.--FRA Waiver Petition 
Docket No. FRA-2003-15514

    In 2001, Michigan State Trust Railway Preservation, Inc. (``MSTP'') 
and the Institute for Steam Railroading in conjunction with the Tuscola 
and Saginaw Bay Railway (TSBY) sought and was granted a waiver (Docket 
No. FRA-2001-10379) of compliance from Title 49, part 240 of the Code 
of Federal Regulations (49 CFR part 240)--Qualification and 
Certification of Locomotive Engineers. MSTP requested 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. MSTP has purchased 
a second locomotive and now seeks to expand its operations to a third 
location.
    The MSTP is a nonprofit educational corporation. It owns and 
operates a 1941 Lima-built steam locomotive. The locomotive, ex-Pere 
Marquette No. 1225, has operated approximately 6200 miles since 1988 
over the general railroad system of transportation. The newly purchased 
and restored locomotive is Engine No. 75 (0-4-0). The MSTP is located 
at the steam locomotive restoration facility (Institute for Steam 
Railroading) in Owosso, Michigan. The 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 two of three 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 which 
is west of Legion Road to MP 106.1 and south of the highway/railroad 
grade crossing at Gould and Corunna Road. The second location is at the 
Henderson, Michigan Grain Elevator. It is 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 third location is at the TSBY Shop 
Yard at their repair shops on the main line along Howard Street between 
mile markers 106.4 and 107. This operation will remain between the 
switch leading from the Main Track to the Scale Track with a Blue Flag 
placed to the east side of that switch. The proposed dates of operation 
will be three weekends between the months of May and October inclusive.
    MSTP's reason for granting this waiver is two-folded. First, to 
accomplish a part of its mission statement, i.e., to educate the public 
on steam era railroad technology and its impact on the culture and 
economy of the Great Lakes Region. Second, to generate needed interest 
and revenue so that it 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-2003-
15514) 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 address. All written communications are also accessible on the 
Internet at http://dms.dot.gov.
    Anyone is able to search the electronic form of all 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). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on September 8, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-23772 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-06-P