[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4071-4072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1202]


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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) has 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.

Iowa Interstate Railroad

[Docket Number FRA-2008-0105]

    The Iowa Interstate Railroad (IAIS), a Class III Railroad, 
petitioned for a

[[Page 4072]]

waiver of compliance from certain provisions of the steam locomotive 
safety standards as prescribed by CFR 230.105(a) Lateral motion, for 
two steam locomotives used in tourist/excursion service. Specifically, 
this waiver request applies to locomotives number RDC 6988 and 7081. 
These Class QJ, 2-10-2 locomotives were built by the Datong Locomotive 
Works, China. The Datong Works constructed 4,714 locomotives of this 
type between 1967 and 1988. The maximum operating speed for this type 
of locomotive is 50 mph.
    Both locomotive numbers 6988 and 7081 received a standard 250,000 
km overhaul, a Class 3 repair, in China prior to being shipped to the 
United States. The manufacturer's specifications for the QJ Class 
locomotive require a total lateral clearance of 20 mm (0.787 inch) on 
the number 1 and 5 driving axle, with a 4 mm (0.157 inch) clearance for 
the three center axles (no. 2-4). All tire back-to-back spacing is at 
1,252 mm (53.267 inches). The purpose for this specification is to 
allow a locomotive with a long rigid wheelbase to negotiate a curve up 
to 15.2 degrees. The lateral wear limit for all driving axles is 10 mm 
(0.393 inch) over the original dimensions. In summary, by design and as 
built, model QJ locomotive exceeds the U.S. limit of 0.75 inch for 
allowable lateral clearance for driving axles number 1 and 5 as 
specified by 49 CFR Sec.  230.105(a)
    IAIS requests relief from the requirements of 49 CFR 230.105(a) for 
driving axles numbers 1 and 5 to allow for a maximum lateral clearance 
of up to 30 mm (1.181 inches). This is consistent with the 
manufacturer's design specification, and the operating experience of 
the China National Railway. In addition, the locomotive will be 
maintained in accordance with the requirements of 49 CFR 230.105(c) to 
ensure that no part of the running gear interfere with any other part 
of the steam locomotive.
    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-
2008-0105) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and 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).

    Issued in Washington, DC on January 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-1202 Filed 1-21-09; 8:45 am]
BILLING CODE 4910-06-P