[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Pages 10086-10087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4024]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Whitewater Valley Railroad

Waiver Petition Docket Number FRA-2010-0148

    The Whitewater Valley Railroad (WVRR) seeks a waiver of compliance 
from certain provisions of the Railroad Freight Car Safety Standards, 
i.e. Sec. Sec.  215.303 and 215.305, which require stenciling of 
restricted cars; as well as that of the Reflectorization of Rail 
Freight Rolling Stock, i.e. Sec. Sec.  224.3 and 224.5, which require 
applying reflectors on freight cars and locomotives.
    WVRR owns 13 freight cars that are older than 50 years from their 
date of original construction, and are restricted by the provision of 
49 CFR 215.203(a). WVRR is concurrently seeking special approval to 
continue to use these cars under proceeding according to 49 CFR 
215.203(b).
    To support its petition to seek relief from the stenciling and 
reflectorization requirements, WVRR states that it is a 501(c)(3) non-
profit organization. It is an operating railroad museum dedicated to 
the operation of a historic branch line railroad, to the restoration of 
railroad equipment, and to the conduct of educational railroad 
programs. The railroad owns and operates 19 miles of track between 
Metamora and Connersville, Indiana. These tracks are not part of the 
general railway system. Operating speeds on the line would never be 
authorized at more than 25 miles per hour.
    WVRR states that to support its mission, it operates antiquated 
freight and passenger cars built prior to 1945, as well as a group of 
freight cars and locomotives built after 1945, in public excursion 
service as operating historic artifacts. On rare occasions, locomotives 
and freight cars (including flat, box and hopper cars) are used to 
demonstrate typical freight trains of the 1940s-60s. These operations 
are sometimes chartered programs designed for photographers, film 
production, and for

[[Page 10087]]

railroad historians. Revenue from these activities is used to further 
restore/maintain these cars for public display. On occasion, these 
locomotives and cars are also used in the maintenance of the 
organization's track. As one of the key purposes of the organization is 
to maintain the historic appearances of its cars and locomotives, 
compliance with the reflectorization of railroad freight rolling stock 
would greatly affect the historic appearance of this equipment. 
Stenciling requirements would also impact the appearance of those cars 
used periodically in maintenance of way service.
    WVRR further states that it believes that a number of factors limit 
the impact on the public on its museum line. Main road crossings are 
signaled, primarily in the City of Connersville, Town of Laurel and at 
US Route 52 in Metamora, Indiana. Other grade crossings are on low 
volume paved and gravel roads with reflectorized grade crossing signs 
and posts to draw attention to these crossings. Freight car trains 
seldom run at night or during periods of poor visibility and are of 
limited length, generally fewer than 10 cars with the locomotive still 
visible at most of its grade crossings.
    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 (e.g., Waiver Petition Docket Number FRA-
2010-0148) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    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 document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on February 16, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-4024 Filed 2-22-11; 8:45 am]
BILLING CODE 4910-06-P