[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Page 19793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07387]



Federal Railroad Administration

[Docket Number FRA-2010-0181]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on March 13, 2020, the Durbin 
& Greenbrier Valley Railroad Inc. (DGVR) 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-2010-0181.
    DGVR is operator of the West Virginia Central Railroad via 
contractual agreement with the West Virginia State Rail Authority 
(WVSRA), which includes the operations of the Cass Scenic Railroad 
(CSR), in Cass, West Virginia. The passenger cars for which DGVR is 
seeking relief are the fleet of historic freight cars converted for 
passenger tourist service on the CSR.
    Specifically, DGVR seeks FRA approval per 49 CFR 215.203(a) to 
allow 15 passenger cars--formerly freight cars, including four flat 
cars (Nos. 1, 2, 3, and 4), nine 40-foot steel frame cars (Nos. 5, 6, 
7, 8, 10, 11, 12, 13, and 15), and two cabooses (Nos. 9 and 14)--that 
are over 50 years old to operate on track owned by the WVSRA. Because 
the cars would be used for historic tourist operations, DGVR also 
requests to waive the stenciling requirements outlined in 49 CFR 
215.303. DGVR explains the cars will be limited to 10 miles per hour 
and will not be used in interchange.
    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 Ave. 
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 
    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 parties 
desire an opportunity for oral comment and a public hearing, 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 
     Website: 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 Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. 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 26, 2020 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can 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.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-07387 Filed 4-7-20; 8:45 am]