[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 818-819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-52]


=======================================================================
-----------------------------------------------------------------------

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.

Heber Valley Railroad

[Waiver Petition Docket Number FRA-2010-0156]

    The Heber Valley Railroad (HVRR) seeks a waiver of compliance from 
certain provisions of 49 CFR Part 215, Railroad Freight Car Safety 
Standards, specifically, 49 CFR 215.303 (Stenciling of Restricted 
Cars), which requires that restricted railroad freight cars shall be 
stenciled or marked in clearly legible letters with the letter ``R'' 
and a series of designated terms to completely indicate the basis for 
the restricted operation of the car. In addition, HVRR seeks a waiver 
of compliance from all of 49 CFR Part 224 (Reflectorization of Rail 
Freight Rolling Stock).
    The waiver petition concerns HVRR 366, which is a former Santa Fe 
(AT&SF) railroad flat car of riveted construction built in 1951, which 
has been converted to passenger service for tourist and excursion 
railroad service by the addition of walls, roof, and bench seats to 
allow passengers to sit in the open air for tourist train rides. HVRR 
366 is more than 50 years old, measured from the date of original 
construction, and is requested by petitioner for special approval for 
continued operation under Sec.  215.203(c). HVRR 366 is not 
interchangeable and operates on 16 miles of Class 1 & 2 track of the 
former Denver and Rio Grande Western branch line between Heber City, 
Utah, and Vivian Park, UT, at no more than 25 miles per hour. This 
branch line is not connected to the general railroad system.
    HVRR, in support of its petition, has stated that the stenciling of 
non-complying elements and adding reflective striping would detract 
from both the aesthetic and historical nature of their vintage rolling 
stock. HVRR 366 has been inspected by HVRR shop personnel and has been 
deemed safe for service. The car has been in continuous service on HVRR 
since 1995, and has operated without incident or safety violations.
    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

[[Page 819]]

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-
2010-0156) 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 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on January 3, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-52 Filed 1-5-11; 8:45 am]
BILLING CODE 4910-06-P