[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Pages 22025-22026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08620]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0009]


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 24, 2013, the Black Hills Central Railroad (BHC) 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 230, Steam Locomotive Inspection 
and Maintenance Standards. FRA assigned the petition Docket Number FRA-
2013-0009.
    Located in South Dakota, BHC is a privately owned railroad that has 
operated on 10 miles of scenic right-of-way between Hill City and 
Keystone since 1957. The line was originally a branch off of the 
Chicago, Burlington and Quincy Railroad's ``Highline,'' constructed in 
1900, that operated from Edgemont to Deadwood. BHC presently operates 
as a seasonal, tourist operation and no longer operates as part of the 
general railroad system of transportation.
    BHC currently has three oil-burning, Baldwin steam locomotives; one 
EMD

[[Page 22026]]

GP9; and a Whitcomb center cab switch engine in service. BHC requests a 
waiver for Locomotive BHC 7 (BHC 7), a 2-6-2 tender-type steam 
locomotive built in 1919. The locomotive originally burned coal but was 
converted to oil in 1923. It operates at 190 psi boiler pressure. BHC 7 
is non-super-heated; consequently, it is not operated on a regular 
basis due to its fuel consumption. It has accumulated 29 days of 
service since the last flexible staybolt and cap inspection in March 
2008. The current 1472 service-day inspection (SDI) expires in April 
2015.
    BHC requests relief from 49 CFR 230.16(a)(2), with respect to 
flexible staybolt and cap inspection and 49 CFR 230.41, Flexible 
staybolts with caps. BHC requests an additional 2 years to the 
prescribed 5-year period to perform the flexible staybolt and cap 
inspection, thereby extending the inspection period to a total of 7 
years. BHC will perform the annual inspection pursuant to 49 CFR 
230.16. Granting the waiver would allow BHC 7 to undergo an annual 
inspection without the added burden of removing the locomotive cab, 
boiler jacketing, and attendant insulation, which is required for the 
flexible staybolt and cap inspection. Additionally, the flexible 
staybolt and cap inspection would coincide with the next 1472 SDI. BHC 
believes that due to the limited days of service for BHC 7, the 
railroad's high standard of safety would not be compromised.
    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 May 28, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as is 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on April 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-08620 Filed 4-11-13; 8:45 am]
BILLING CODE 4910-06-P