[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Page 46892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19593]


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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.

West Texas & Lubbock Railway

[Waiver Petition Docket Number FRA-2011-0006]

    The West Texas & Lubbock Railway (WTLC) seeks a waiver of 
compliance from certain provisions of the Railroad Freight Car Safety 
Standards, specifically 49 CFR 215.303, which requires stenciling to 
indicate a restricted car. WTLC states that Caboose WTLC X-40 is 
operated as a shove platform on freight and excursion passenger trains 
where a run-around track is unavailable. This improves safety, as it 
eliminates the need for railroad employees to ride the side of freight 
equipment on long shoving or backup movements. Specifically, this car 
operates on WTLC's 106.64 miles of track from Lubbock to Seagraves and 
to Whiteface, TX.
    WTLC states that this caboose is completely restored to its ``as 
delivered'' appearance as Great Northern X-40, with a sound carbody. 
The caboose will not be interchanged with any other railroad and will 
be operated at a speed limit of 25 mph for freight and 30 mph for 
excursion passenger trains. It typically operates no more than 40 miles 
in a day. Since Caboose WTLC X-40 is painted and stenciled to reflect 
its historic (Great Northern) appearance, stenciling the car to meet 49 
CFR 215.303 requirements would detract from the historical and 
educational impression this car is intended to preserve. WTLC has 
issued a special notice informing all personnel of the 49 CFR 215.203 
restricted condition of this caboose.
    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-
2011-0006) 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 U.S. Department of Transportation's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on July 28, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-19593 Filed 8-2-11; 8:45 am]
BILLING CODE 4910-06-P