[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Page 65009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17567]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2024-0068]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter received May 24, 
2024, a private owner, Tierney Foster Abel (Mr. Abel), petitioned the 
Federal Railroad Administration (FRA) to extend a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR parts 223 (Safety Glazing Standards--Locomotives, 
Passenger Cars and Cabooses) and 231 (Railroad Safety Appliance 
Standards). FRA assigned the petition Docket Number FRA-2024-0068.\1\
---------------------------------------------------------------------------

    \1\ Relief for this locomotive, with marking Leviathan 63, was 
previously granted in Docket Number FRA-2011-0011.
---------------------------------------------------------------------------

    Specifically, Mr. Abel requests relief for steam locomotive HLLR 
331 from the safety glazing standards in part 223, as well as Sec.  
231.15(b) and (d), Steam locomotives used in road service--pilot sill-
steps, side handholds, which give requirements for certain safety 
appliances. The locomotive is operated on 4,500 feet of standard-gage 
track and only used during special events on the Stone Gables Estate 
property for a total of about 40 days of service. The petition states 
that HLLR 331 is used ``to educate the public concerning early American 
railroad history'' and will not be used for freight or passenger 
service. However, it ``will occasionally pull some cars appropriate for 
its historic and educational mission.''
    The relief is requested because installation of FRA safety glazing 
will ``substantially change the historic configuration and appearance 
of the cab'' and thereby ``ruin the historical appearance.'' 
Additionally, Mr. Abel states that HLLR 331 will not be used for 
coupling but instead, the locomotive and tender will be ``connected by 
a draw bar that is . . . secured in place so it cannot be removed or 
otherwise come apart.'' Therefore, the ``step requirements are 
unnecessary'' and the handholds would ``substantially detract from the 
historic appearance'' as the locomotive cab and tender are 
substantially different heights.
    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 www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by October 7, 2024 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 the U.S. Department of 
Transportation's (DOT) 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/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. 2024-17567 Filed 8-7-24; 8:45 am]
BILLING CODE 4910-06-P