[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65935-65936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26812]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0076]


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 June

[[Page 65936]]

18, 2012, the Locomotive and Tower Preservation Fund, Ltd. (L&TPF) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained in 49 CFR part 230--Steam Locomotive Inspection 
and Maintenance Standards. FRA assigned the petition Docket Number FRA-
2012-0076.
    Steam Locomotive Number 2719 is a former Soo Line class H-23 4-6-2 
``Pacific'' type locomotive built by the American Locomotive Company in 
1923. L&TPF restored Steam Locomotive Number 2719 and completed the 
current 1,472-service-day inspection (SDI) in accordance with 49 CFR 
230.17-One thousand four hundred seventy-two (1472) service day 
inspection in July 1998. As of September 2006, Steam Locomotive Number 
2719 has been operated by the Lake Superior Railroad Museum and the 
North Shore Scenic Railroad.
    To date, Steam Locomotive Number 2719 has accumulated 224 days of 
service, with the possibility of an additional 25-29 service days for 
the remainder of 2012, and another 25-29 service days for the 2013 
operating season. Its second 1,472 SDI is due at the expiration of the 
15 years permitted by 49 CFR 230.17.
    L&TPF requests relief from 49 CFR 230.17(a) with respect to the 
timeframe for the inspection. The current 1,472 SDI period ends on July 
30, 2013. The request is for permission to extend the current 1,472 SDI 
for 60 calendar days to allow Steam Locomotive Number 2719 to finish 
the late summer/early fall operating season at the end of September 
2013. This would allow for an additional four weekends of service. The 
annual inspection will be performed as required in July 2013. Granting 
the waiver will allow Steam Locomotive Number 2719 to operate during 
its normal seasonal operation, and will move the 15-year 1,472 SDI date 
so that it occurs after the operating season. L&TPF states that 
granting the relief will permit the locomotive to finish its operating 
season, generate income to use for the SDI, and will not decrease the 
safety for the locomotive, railroad employees, or the public.
    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 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 December 20, 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 October 26, 2012.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-26812 Filed 10-30-12; 8:45 am]
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