[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Notices]
[Page 30048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12294]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0022]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated January 6, 2012, the Cass Scenic Railroad State Park (CASS) 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. FRA assigned the petition Docket 
Number FRA-2012-0022.
    Specifically, CASS seeks a waiver of compliance for five freight 
cars from 49 CFR 215.303, which requires stenciling on restricted 
freight cars; and 49 CFR 231.1(a)3(i), which requires that ``[t]he hand 
brake shall be so located that it can be safely operated while car is 
in motion.'' In this same docket, CASS was previously granted a Special 
Approval for these same five overage cars, permitting them to continue 
in service beyond 50 years from the date of construction in accordance 
with 49 CFR 215.203(c).
    CASS stated that two of the five cars in this petition were built 
as 40-foot steel frame cars to carry logs. Their exact ages are unknown 
but they are thought to have been constructed in the 1940s. The third 
car is a 40-foot flatcar built in the 1950s. The fourth car is a 40-
foot tank car built in the 1950s. The fifth car is a 40-foot hopper car 
built in 1958. The hand brakes on these five cars cannot be used while 
the cars are in motion. The hand brakes can only be manually applied 
when the cars are at rest, using a ratchet lever at the end of the 
frame.
    CASS stated that there are occasions where they used these cars in 
special charter trains for photographic purposes only. There are 
usually two or three such charter trains operated each year. Passengers 
are not carried on the cars or on the trains in which the cars are 
operated. The cars subject to this petition do not exceed a speed of 10 
mph.
    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 July 5, 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 May 10, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-12294 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-06-P