[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58860-58861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23202]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0082]


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, August 11, 2014, Mr. Brian Wise, General Manager of the Mount 
Rainier Scenic Railroad (MRSR), 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, Railroad Freight Car Safety Standards. FRA assigned the petition 
Docket Number FRA-2014-0082.
    Specifically, MRSR requests a waiver from the stenciling 
requirements of 49 CFR 215.303, Stenciling of restricted cars, and the 
reflectorization requirements of 49 CFR 224.3, Applicability, for three 
skeleton log cars (Car Numbers CW 238, CW 187, and CW 208), and two 
flatcars with log bunks (Car Numbers CW 251 and MRSR 449).
    MRSR states that it is a tourist railroad operation that operates 
between Elbe, and Mineral, WA. The subject equipment is operated by 
MRSR on a portion of the Tacoma Rail-leased track from Milepost (MP) 
45.3M in Elbe to MP 51.9M in Mineral. This track is FRA Class 1. MRSR 
is operated by paid employees and volunteer members of the Western 
Forest Industries Museum (WFIM)--a non-profit organization under the 
laws of the State of Washington--and is entirely for historical and 
educational purposes. WFIM was incorporated in the State of Washington 
in 1965, and has operated as a historic tourist railroad since 1981.
    MRSR does not interchange the equipment subject to this petition 
with the general system of railroad, although it does have a connection 
to facilitate the movement of rail equipment onto MRSR trackage for 
preservation purposes.
    MRSR seeks relief for operation of this freight equipment for use 
in tourist railroad operations and for ``photo freights,'' which are 
freight trains of historical equipment operated for the purposes of 
providing an opportunity for the public to view freight trains of a 
bygone era. MRSR also operates passenger cars in conjunction with its 
tourist operations. Photo freight trains provide an additional source 
of income for MRSR to enable MRSR to maintain and preserve the museum 
collection. As an operating railroad museum, MRSR maintains freight 
equipment restored with original markings and reporting marks in an 
effort to interpret the history of West Coast logging railroads in the 
early 20th Century. Freight cars are maintained and operated 
exclusively on the MRSR for interpretation and occasional photo freight 
events. These cars are typically operated while empty in photo freight 
service. Photo freight events are only held periodically on MRSR with 
the cars typically operating in this service no more than two to four 
times per year. The cars listed in this petition may also double as 
maintenance-of-way cars (e.g., flatcar, when not in photo freight 
service).
    MRSR has a good compliance history. The museum continues to 
endeavor to maintain all equipment, operation and track to FRA 
compliance standards. Throughout the operation of MRSR, FRA has not 
found it necessary to issue any violations for failure to comply with 
FRA mechanical safety regulations. MRSR has not experienced any 
derailments or accidents with the equipment referenced in this petition 
since the railroad began operations in 1981. MRSR also states that the 
subject cars are operated at a maximum speed of 10 mph and typically 
travel no more than 30 miles per day.
    MRSR believes granting of the waiver sought in the petition will 
benefit MRSR by allowing continued use of historic freight equipment 
for tourist, interpretive, and educational purposes. MRSR generates 
revenue from its operations which help fund the ongoing preservation 
activities of the museum. In addition, the local economy also benefited 
as a result of MRSR tourist trains and museum activities.
    MRSR indicates that all equipment operated on MRSR is maintained by 
the museum using knowledgeable employees, museum members, and outside 
contractors as needed to perform freight car safety inspections. MRSR 
will conduct a detailed inspection of each restricted freight car once 
every 10 years, which will include raising each car off its trucks for 
inspection of the car's center plate and truck center bowl. Each car 
will be serviced and repaired prior to being returned to service. 
Records of such inspection will be maintained by MRSR.
    Regarding the stenciling waiver, MRSR stated that it does not 
interchange these restricted freight cars with any railroad and as 
such, the cars

[[Page 58861]]

are in captive service. In addition, the stenciling requirements would 
destroy the historical appearance of the freight cars that have been 
preserved for historical, education, and interpretive purposes.
    Regarding reflectorization relief, MRSR states that these 
requirements would destroy the historical appearance of the freight 
cars which have been preserved for historical, educational, and 
interpretive purposes. Application of the reflectorized tape or decals 
on wood-bodied equipment is difficult. Further, there is no practical 
safety purpose served by applying reflectorization because of the 
captive service and the extreme care under which MRSR operates such 
equipment, as well as the fact that the equipment is rarely operated in 
times other than daylight hours. During the Christmas season, the last 
train on each operating day operates during hours of darkness on the 
return trip. On those occasions, crossings not equipped with automatic 
crossing protection will be protected by flagmen equipped with lights 
and fuses to warn approaching motorists and to illuminate the cars. 
Current MRSR management is not aware of any train or vehicle accidents 
at grade crossings involving MRSR trains.
    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 November 14, 2014 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 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 September 23, 2014.
Ron Hynes,
Director, Office of Safety Compliance and Assurance.
[FR Doc. 2014-23202 Filed 9-29-14; 8:45 am]
BILLING CODE 4910-06-P