[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Notices]
[Page 62495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27651]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance with certain 
requirements of its safety standards. 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.

Cass Scenic Railroad

[Docket Number FRA-2003-15851]

    The Cass Scenic Railroad (Cass) seeks a waiver of compliance from 
the Inspection and Maintenance Standards for Steam Locomotives, 49 CFR 
part 230, published November 17, 1999. As stated in section 230.3(c)(1) 
Petition Process, Petitions for Special Consideration were to have been 
filed by January 18, 2001. It was to have been accompanied by all 
relevant documentation for support, including a FRA Form No. 4 that was 
calculated in accordance with Sec.  230.17 One thousand four hundred 
seventy-two service day inspection, and all records that demonstrate 
the number of days the locomotive has been in service.
    Cass seeks this waiver for one locomotive, number (Western 
Maryland) 6, which had the flue tubes replaced in accordance with the 
requirements of 49 CFR 230.17 and was returned to service in October 
1996. At that time, Cass was eligible to file a Petition for Special 
Consideration because their locomotive was placed into service after 
the September 25, 1995 cutoff date. However, Cass was not able to 
verify the FRA Form 4 and supporting calculations until September 18, 
2001, thus missing the required January 18, 2001 filing date. The 
locomotive was removed from service having only used 930 service days 
and has remained out of service. Therefore, Cass seeks a waiver from 
the January 18, 2001 filing date for their Petition for Special 
Consideration.
    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 Number FRA-
2003-15851 ) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room Pl-401, Washington, DC 20590-0001. 
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 (9 a.m.-5 p.m.) at DOT 
Central Docket Management Facility, Room Pl-401 (Plaza Level), 400 
Seventh Street, SW., Washington. All documents in the public docket are 
also available for inspection and copying on the Internet at the docket 
facility's Web site 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 October 30, 2003.
Grady C. Cothen,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-27651 Filed 11-3-03; 8:45 am]
BILLING CODE 4910-06-P