[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Notices]
[Pages 4073-4074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01172]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0081]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated December 7, 
2022, Virginia & Truckee Railroad Company (VTRR) petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR 230.17, One thousand four hundred seventy-two (1472) service day 
inspection. FRA assigned the petition Docket Number FRA-2022-0081.\1\
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    \1\ VTRR initially petitioned for this relief by letter dated 
August 25, 2022. See https://www.regulations.gov/document/FRA-2022-0081-0001. On October 5, 2022, VTRR withdrew the August 25, 2022, 
petition in this docket. See https://www.regulations.gov/document/FRA-2022-0081-0005.
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    Specifically, VTRR requests relief for steam locomotive VTRR 29, 
which is used in public tourist excursions in

[[Page 4074]]

Virginia City, Nevada, in a National Historic District. Regarding the 
locomotive's 1472 service day inspection, VTRR requests to extend the 
period in which the inspection is due from June 11, 2023, to December 
31, 2023, by which time VTRR 29 will have accumulated fewer than 1,200 
service days. In support of its request, VTRR states that its railroad 
is insular, and the relief will help VTRR ``make up for lost operating 
days due to the mandated shut town of [the] business and the 
detrimental effects of the pandemic to [the] company and to [the] 
community.'' VTRR adds that VTRR 29 received a new dry pipe in 2021 
during an inspection of its boiler interior, and both interior and 
exterior boiler inspections were performed at each annual inspection 
since 2008. VTRR also states it ``exercises complete control of the 
operation, inspection, maintenance, and repairs'' of VTRR 29.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 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 at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by March 24, 2023 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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-01172 Filed 1-20-23; 8:45 am]
BILLING CODE 4910-06-P