[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Page 57645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19736]


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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.

Eureka & Palisade Railroad--Locomotive Number 4

[Docket Number FRA-2005-21966]

    The Eureka & Palisade Railroad (EPR), a three-foot gage insular 
railroad, seeks a waiver of compliance from the requirements of Title 
49 Code of Federal Regulations (CFR) Sec.  230.17 One thousand four 
hundred seventy-two (1472) service day inspection for their locomotive 
number (EPR) 4. This locomotive was built by the Baldwin Locomotive 
Works, Philadelphia, Pennsylvania in 1875, and is one of only three 
remaining narrow gage ``American'' type (with a wheel arrangement of 4-
4-0) steam locomotives. The others are in the Smithsonian Institute in 
Washington, DC (Jupiter) and the California State Railroad Museum 
(Sonoma). The Eureka is the only one operational.
    The EPR is not engaged in general railroad transportation, 
providing only railroad tourist excursions on a limited schedule. The 
Eureka is normally on static display with limited operations on 
railroads, such as the Durango & Silverton Narrow Gage Railroad for 
special events such as their ``Railfest''.
    This waiver requests relief from the requirements of 49 CFR part 
230 Inspection and Maintenance Standards for Steam Locomotives, 
specifically 49 CFR 230.17(a) General. FRA requires that before any 
steam locomotive is initially put in service or brought out of 
retirement, and after every 1472 service days or 15 years, which ever 
is earlier, a 1472 Service day inspection shall be performed. In the 
Eureka's case, only 126 service days have accumulated over the past 15 
years, as the locomotive is only used one or two weeks per year. The 
locomotive is given the required annual inspections, stored in side a 
building, with the washout plugs removed to promote airflow and 
mitigate rust and wastage. The required new FRA Form 4 (boiler 
specification) was prepared, and is on file with the FRA. The thickness 
of the sheets was verified using non-destructive inspection methods, 
and a new front tube sheet was installed, with other minor repairs, at 
the time the tubes were installed.
    In summary, the EPR requests that this petition be granted because 
the tubes have very little service time, the number 4's dry indoor 
storage conditions are nearly ideal for locomotive storage, and the 
financial burden on the individual that owns the locomotive to perform 
1472 Service day inspection on a locomotive with only 126 service days 
since a major overhaul.
    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-
2005-21966) 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 September 27, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-19736 Filed 9-30-05; 8:45 am]
BILLING CODE 4910-06-P