[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17948-17949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5059]


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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.

East Broad Top Railroad & Coal Company

[Waiver Petition Docket Number FRA-2006-24069]

    The East Broad Top Railroad & Coal Company (EBT), located in 
Rockhill Furnace, PA, seeks a waiver of compliance from the Steam 
Locomotive Inspection and Maintenance Standards [49 CFR Part 230.17(a)] 
for steam locomotive number EBT 14, which requires'' Before any steam 
locomotive is initially put in service or brought out of retirement, 
and after every 1472 service days or 15 years, whichever is earlier, an 
individual competent to conduct the inspection shall inspect the entire 
boiler. In the case of a new locomotive or a locomotive being

[[Page 17949]]

brought out of retirement, the initial 15 year period shall begin on 
the day that the locomotive is placed in service or 365 calendar days 
after the first flue tube is installed in the locomotive, whichever 
comes first. This 1472 service day inspection shall include all annual, 
and 5th annual, inspection requirements, as well as any items required 
by the steam locomotive owner and/or operator or the FRA inspector. At 
this time, the locomotive owner and/or operator shall complete, update 
and verify the locomotive specification card (FRA Form No. 4), to 
reflect the condition of the boiler at the time of this inspection. See 
appendices A and B of this part.''
    EBT requests a temporary waiver for one year for steam locomotive 
number EBT 14. If the waiver is granted, the railroad will be able to 
use locomotive number 14, which has never received a 1472 service day 
inspection, as a replacement locomotive in the event locomotive number 
15, which is in compliance with Steam Locomotive Inspection and 
Maintenance Standards, becomes disabled. EBT also requests the use of 
locomotive number EBT 14 for an additional eight special event days in 
2006. Prior to 2002, locomotive number EBT 14 was maintained under the 
jurisdiction of the Pennsylvania State boiler inspector. Pennsylvania 
State regulations do not require a 1472 service day inspection .
    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 (FRA-2006-24069) and must be submitted to the 
Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza 
Level), 400 7th 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 (9 a.m.-5 p.m.) at the above facility. 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 March 31, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E6-5059 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-06-P