[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Page 4396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1858]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0088]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated January 4, 2012, the Valley Railroad Company (VALE) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR Part 215. FRA assigned the petition 
Docket Number FRA-2011-0088.
    Specifically, VALE seeks a waiver of compliance from the Railroad 
Freight Car Safety Standards, 49 CFR 215.303, which requires stenciling 
on restricted freight cars, for 13 freight cars. The list of these 13 
cars is contained in the Exhibit A of the petition letter, which is 
available in the same docket as this notice.
    As information, VALE also requested Special Approval to continue in 
service of the same cars in accordance with 49 CFR 215.203(c). These 
cars are more than 50 years from their original construction date and, 
therefore, are restricted per 49 CFR 215.203(a), unless VALE receives a 
Special Approval from FRA.
    The petition states that VALE is a non-insular, nongeneral system 
railroad located at 1 Railroad Avenue, Essex, Connecticut 06426. VALE 
exercises complete control of the operation and maintenance of the 
freight cars that are the subject of this petition. All 13 cars are 
over the age of 50 years. Since VALE has owned each of these cars, 
their use has been restricted. The cars have not been interchanged in 
regular freight operations with other railroads while under the 
petitioner's ownership.
    These 13 cars will be used for historical display, operated for 
motion pictures, and special events. The cars will not be used for 
revenue freight service and will not be interchanged in regular freight 
operations with other railroads. The maximum load that each car would 
be permitted to carry, if any, is stated in Exhibit A (mentioned 
above).
    The petitioner states that it will perform and conduct required 
service and shop inspections, and maintain the cars in compliance with 
all applicable regulations with the exception of the conditions that 
are the subject of this petition.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.
    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 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 by March 12, 2012 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on January 24, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-1858 Filed 1-26-12; 8:45 am]
BILLING CODE 4910-06-P