21944 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

0017) and may be submitted by any of 

the following methods: 

• Web site: 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 Avenue, SE., W12–140, 

Washington, DC 20590. 

• 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 April 13, 

2011. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2011–9385 Filed 4–18–11; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

Mr. David Kloke 

[Waiver Petition Docket Number FRA–2011– 

0011] 

Mr. David Kloke, a private individual, 

has constructed a newly built (2009) 

replica of a steam locomotive originally 

built in the 1800’s. The Leviathan #63 

represents one of the four locomotives 

constructed by the Schenectady 

Locomotive Works for the Central 

Pacific Railroad in 1869; and is a sister 

to the Jupiter #60, of which a replica 

constructed in 1979, from the same 

blueprints and tooling is owned and 

operated by the National Park Service at 

Promontory Summit, Utah. 

The Leviathan is constructed to 

educate the public concerning early 

American railroad history and 

simultaneously convey knowledge 

about the design, capabilities, operation, 

and history of this type of locomotive. 

Mr. Kloke states that Leviathan is not to 

be put into regular commerce as either 

a passenger or freight locomotive. 

Nevertheless, it will occasionally pull 

some cars appropriate for its historic 

and educational mission, and will be 

used only for special events. 

As a newly constructed locomotive, 

Leviathan cannot avail itself of several 

provisions of Title 49 CFR that are 

grandfathered for antiquated equipment, 

such as Leviathan represents. By letter 

of February 4, 2011, and supplemental 

letter of March 31, 2011, Mr. Kloke 

petitions that due to the unique 

purpose, nature, and use of this 

locomotive, certain regulations under 49 

CFR part 223, 231.15(b) and (d), and 

231.17(c) should be determined to be 

inapplicable to the Leviathan. In the 

event FRA does not determine the 

inapplicability of these regulations, Mr. 

Kloke requests relief from 49 CFR part 

223, Safety Glazing Standards (§ 223.9 

Requirements for new or existing 

equipment) and 49 CFR part 231, 

Railroad Safety Appliance Standards 

(§ 231.15 (b) and (d), Steam locomotives 

used in road service—Pilot sill-steps and 

Side handholds and (§ 231.17(c), 

Specifications common to all steam 

locomotives—Handrails). 

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–2011– 

0011) and may be submitted by any of 

the following methods: 

• Web site: 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 Avenue, SE., W12–140, 

Washington, DC 20590. 

• 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 April 13, 

2011. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2011–9384 Filed 4–18–11; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 8233 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

mstockstill on DSKH9S0YB1PROD with NOTICES