[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Notices]
[Pages 9831-9832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3789]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-26094]


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 from 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.

Maine Narrow Gage Railroad and Museum

    The Maine Narrow Gage Railroad & Museum (MNGR), a 2-foot-gage 
museum railroad, seeks a waiver of compliance from the requirements of 
49 CFR 230.17, One thousand four hundred seventy-two service day 
inspection. The MNGR is not engaged in general railroad transportation, 
and provides only railroad tourist excursions on a limited schedule. 
The MNGR currently consists of approximately 2 miles of track located 
in the waterfront district of Portland, Maine, and is adjacent to a 
park.
    This waiver would apply to MNGR Locomotive Number 8, and 
specifically requests temporary use of this locomotive while they are 
working to bring a second locomotive into compliance with the 
requirements of 49 CFR Part 230, as was recently accomplished with MNGR 
Locomotive Number 4. Bringing a second locomotive into compliance with 
the requirements of 49 CFR 230.17 has become a significant burden to 
the MNGR due to the limited availability of volunteer manpower, and 
overall cost. Allowing the temporary use of Locomotive Number 8 would 
allowing the petitioner to continue to operate the railroad's steam 
schedule and perform the required maintenance on Locomotive Number 4.
    The petitioner believes that this locomotive can be safely operated 
for up to 3 years, not exceeding 144 service days. Locomotive Number 8 
was built by Baldwin Locomotive Works in 1924, for the Bridgton and 
Harrison Railroad. However, a new, all-welded boiler was installed in 
1958, built to the ASME code of construction. As designed, the maximum 
authorized working pressure for this boiler is 225 psi, but the MNGR 
derated the pressure to 160 psi to reduce the stress on the boiler's 
shell. In 1992,

[[Page 9832]]

the boiler was inspected and new tubes installed, but the locomotive 
was never used. Since moving to the MNGR in 1993, Locomotive Number 8 
has accumulated fewer than 30 service days and been stored indoors with 
all washout plugs removed.
    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 this petition should identify the 
appropriate docket number (FRA-2006-26094) and may be submitted by one 
of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic site;
     Fax: 202-493-2251;
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Communication received within 45 days of the date of this notice 
will be considered by FRA prior to final action being taken. Comments 
received after that date will be considered to the extent 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 on behalf of an 
association, business, labor union, etc.). You may review the 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 February 28, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E7-3789 Filed 3-2-07; 8:45 am]
BILLING CODE 4910-06-P