[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Page 42141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14345]


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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 favour of relief.

Illinois Railway Museum

[Docket Number FRA-2005-21271]

    The Illinois Railway Museum (IRM), a standard gage railroad and 
electric traction museum, seeks a waiver of compliance from the 
requirements of title 49 Code of Federal Regulations (CFR) 230.17 One 
thousand four hundred seventy-two (1472) service day inspection for 
their locomotive number (IRM) 428. Locomotive number 428, is a former 
Union Pacific steam locomotive, built by the Baldwin Locomotive Works 
in 1901 (Boiler Number 18303) with a wheel arrangement of 2-8-0.
    The IRM is not engaged in general railroad transportation, and 
provides only railroad/electric railway tourist excursions on a limited 
schedule. The IRM currently consists of approximately 26 acres of 
display area, with 1.5 miles of track under cover for display purposes. 
In addition, they operate a segment of track on the former Elgin & 
Belvidere electric railway right-of-way, between Kishwaukee Grove and 
East Union, Illinois, in McHenry County.
    This waiver specifically requests relief from the requirements of 
49 CFR 230.17(a) General that states: ``In the case of a new locomotive 
or a locomotive being brought out of retirement, the initial 15 year 
period shall begin on the day that the locomotive is placed in service 
or 365 days after the first flue tube is installed in the locomotive, 
which ever comes first.'' The IRM initiated restoration of the number 
428 in January 1984, underwent a successful interior boiler inspection 
by FRA in October 1999, and passed a hydrostatic test in early 2000. 
The locomotive has been stored dry, and indoors since the initiation of 
the restoration project. Relief is sought by IRM to begin the 1,472 
service days, and the corresponding 15 year period on the day of the 
first steam test, not the day the first tube was installed, as they 
installed the tubes in October 1999, and FRA published the revised 49 
CFR part 230 Inspection and Maintenance Standards for Steam Locomotives 
on November 17, 1999.
    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-
2005-21271) and must be submitted in triplicate 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 19377-78). The statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on July 13, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-14345 Filed 7-20-05; 8:45 am]
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